While many people have a good idea about what a car accident entails, the concept of a no-contact automobile accident is much less understood. A no-contact accident is one in which a vehicle was forced to maneuver in such a way that avoided collision with another vehicle, but this maneuver caused it to crash into another object. This is a type of accident that is most common for motorcycle riders, as drivers sometimes do not see them and get too close. In a situation like this, if the motorcycle rider sustained an injury, would he or she have a case to sue the driver that caused the no-contact accident?
The answer to this largely depends on whether or not the driver that caused the no-contact accident was negligent. It is not enough for the other driver to simply have forced the evasive maneuver, but if he or she was careless while doing so, there is a case. The proving of negligence is sometimes difficult, but it can be done. Note that in all the following situations, the motorcycle driver must have been adhering to the rues of the road and not have been negligent him or herself.
One reason why a driver may have been negligent was if he or she failed to see the motorcycle rider. Not paying attention to surroundings certainly qualifies as carelessness and this is even more apparent if the driver was engaging in distracted driving or was driving under the influence of drugs and alcohol. Violation of traffic laws, such as speeding, ignoring stop signs and traffic lights, and illegal shifting of lanes, are also grounds for a negligence claim and may include extra fines on the part of the at fault driver as well.
If you or someone you know has been injured in a no-contact motorcycle accident, it is highly recommended to consult with an attorney that can help you prove negligence and see that you receive the compensation you deserve. To learn about how we at the Franco Law Firm can help you win your automobile accident case, please call us at (813) 872-0929 to schedule a free consultation today.