Who Is Responsible In A No-Contact Motorcycle Accident?
Motorcycle accidents are increasingly becoming common in California. Although many of these accidents involve a collision with other motor vehicles, sometimes the accidents can occur even when there is no collision between the two. In simpler terms, a no-contact motorcycle accident is deemed to have occurred when no actual collision happens between the other vehicle and the motorcycle in an accident.
One of the many questions that most victims of no-contact motorcycle injury grapple with is whether they can pursue compensation for such injuries, and whether the at-fault party can be held responsible for the injury. Fortunately, an experienced attorney at LA Century Law has the right skills to handle such a claim and ensure you obtain the amount of compensation you deserve.
Here’s what you need to know about no-contact motorcycle accidents in California and how you can obtain compensation for your injuries.
What Causes No-Contact Motorcycle Accidents in California?
No-contact motorcycle accidents may occur due to multiple reasons. However, one of the common causes of no-contact accidents is when a vehicle ahead of a motorcycle switches lanes without using its turn signals, which prompts the motorcyclist behind to swerve in order to avoid a collision.
Another cause of no-contact accidents occurs when a vehicle in front of a motorcycle suddenly stops, surprising the motorcycle behind and giving them little time to stop normally. As such, the swerving motorcycle rider ends up injured despite there being no collision with the other vehicle.
Common Injuries Sustained in No-Contact Motorcycle Accidents
A no-contact accident can lead to serious injuries. Some of the common injuries that a rider may sustain following such an accident include:
- Broken and fractured bones
- Cuts and lacerations
- Head, neck and spine injuries
- Traumatic brain injury
Who is Liable in a No-Contact Motorcycle Accident in California?
The phantom driver is legally responsible for a no-contact motorcycle accident in California, whether or not they realize they caused an accident. For example, the phantom driver may have been distracted and drove off without noticing the accident. Regardless, a claim for compensation should be brought against them following an accident that leads to a serious injury.
For this reason, the motorcycle rider must notify the phantom driver immediately after the incident occurs. The rider can talk to eyewitnesses and try to obtain a description of the vehicle.
Identifying the phantom driver and holding the at-fault driver responsible are key steps to ensuring that you obtain compensation.
How Is Liability Proven in a No-Contact Motorcycle Accident in California?
In order to obtain compensation, you need to demonstrate that the driver of the other vehicle is responsible for the accident. This could be challenging, especially if there is no direct contact between the vehicle and the motorcycle. However, a competent and qualified attorney at LA Century Law can help you establish liability in such a claim.
To prove liability, your attorney will first need to prove negligence. Negligence is established when it is demonstrated that the driver failed to act in a manner consistent with what a reasonable person would have done under similar circumstances. For instance, if the driver swerved in front of your motorcycle while switching lanes and failed to use turn signals, you may be able to prove that they were negligent.
However, to establish negligence fully, you will need to prove that:
- The driver owed you a duty of care
- The driver breached the duty
- The driver’s actions was a substantial factor in causing the accident
- You suffered or sustained an injury
That said, key witnesses and evidence such as police reports are important when establishing liability. As such, you will need all the help from an attorney who will gather sufficient evidence and apply the law, potentially establishing that the driver was negligent and thus liable for the accident.
How Do Insurance Companies Handle No-Contact Motorcycle Accidents in California?
Insurance companies tend to be involved in almost all claims involving automobile accidents. Unfortunately, their involvement doesn’t guarantee you a positive outcome.
Remember the insurance company sets out to safeguard their interests in claims. To achieve this, they will look for loopholes in your claim that ensure that the amount of compensation you are entitled to receive is lowered significantly, and in extreme cases, they may dispute your claim.
Motorcycle bias is one of the primary concerns when dealing with insurance companies. There is some debate whether insurance companies are prejudiced towards motorcycle riders who are pursuing a claim. This motorcycle bias may affect their rights and interests in the claim process.
For this reason, it is imperative to have a personal injury attorney by your side who will safeguard your rights and interests throughout the claim process.
Recovering Damages in a No-Contact Motorcycle Accident in California
Following a no-contact accident in California, it is within your right to file a claim for compensation. However, you should speak to an attorney who will help file the claim on your behalf. However, if an amicable settlement isn’t arrived at, you can proceed to file a lawsuit in order to receive adequate compensation for your injuries.
In the event of a successful claim or suit, you be entitled to the following compensation:
- Medical bills
- Lost of time and work
- Pain and suffering
- Future projected medical costs
Injured in a No-Contact Motorcycle Accident in California? Contact Our Attorneys
If you or your loved one sustained an injury in a no-contact motorcycle accident in California, you might be entitled to receive compensation. However, to achieve this, you need to establish the at-fault party and hold them responsible. An attorney at LA Century Law has experience handling such claims in California and will work hard to protect your rights and interests throughout the claim process.
Contact us today for a free case evaluation.