Although most motorcycle accidents involve a collision with another vehicle, no-contact accidents are defined by the lack of such a collision. They happen when another driver’s negligent driving behavior causes a motorcycle rider to lose control of their vehicle and crash into the pavement or an obstacle.
While most assume that physical contact between two vehicles is key to liability for a motorcycle accident, this simply isn’t the case.
How Does a No-Contact Motorcycle Accident Happen?
There are many different ways that a no-contact motorcycle accident can happen, but the driver’s negligence underpins them all. All motorists owe a duty of care to each other by following traffic laws that are in place to prevent accidents.
When a driver engages in negligent driving behavior, they can break one or more of these laws, motorcycle riders may be forced to react to avoid a collision in a manner that causes them to lose control and crash.
Examples of negligent driving behavior that can cause no-contact motorcycle accidents include the following:
- Changing lanes on without checking for a motorcycle rider
- Tailgating a motorcycle rider
- Drifting into a motorcycle rider’s lane
- Distracted driving
- DWI
- Running a red light
- Speeding
- Road rage
- Racing
Any of the behaviors above, and many others, can put motorcycle riders in a position where they must ride defensively to avoid a collision. Unfortunately, doing so can cause them to crash their vehicles into barriers and obstacles, crash and slide, or collide with another vehicle.
Who Is Liable for a No-Contact Motorcycle Accident?
Drivers can be held responsible for causing motorcycle accidents even if their vehicles never made contact. Proving a no-contact motorcycle accident, however, can be difficult. Because of this, you should only hire an experienced personal injury lawyer to handle your case.
There are two reasons why no-contact motorcycle accidents can be more difficult to prove: a lack of evidence and the rider’s share of fault for the accident.
A claim may be a nonstarter if there’s no way to identify the driver who caused the crash. Unless a potential defendant can be identified, there might be no hope of holding them accountable. Even if photographic evidence or witness testimony can identify the driver, it might not be enough to prove the claim that negligence caused the accident.
This dovetails into the second potential hurdle: a motorcycle rider’s share of negligence. In Texas, people can sue for damages even if they are partially at fault for an accident. They can even recover damages if they are found to have contributed no more than 50% of fault. The defense is bound to attack the rider’s experience level and allege they were also driving negligently when the accident occurred.
We Can Help You Overcome These Legal Hurdles
You can succeed in winning damages for your injuries, however, with help from a competent attorney. Someone like one of our attorneys at Rodriguez & Gimbert, P.L.L.C. can help you demonstrate that you aren’t more liable for causing your accident, and can do so by presenting a preponderance of evidence in your favor.
For more information about how we can help, contact us online to schedule a case evaluation.