Another driver can be at fault for a motorcycle accident, even if they did not crash into your car. However, it is not always easy to prove the driver’s role in your crash.
In a no-contact motorcycle accident case, you must overcome a very skeptical insurance company that has a significant financial interest in seeing your claim fail.
It is crucial that you hire a motorcycle accident lawyer at the first possible opportunity to give yourself the best chance of success in a claim. Horton & Mendez Injury Attorneys are ready to help you when you are ready to talk to us. Call our motorcycle crash attorneys today.
How Drivers Can Cause No-Contact Motorcycle Accidents
Drivers are not always well-versed in motorcycle safety. Even if they are aware of the state’s traffic laws, they may put themselves first and disregard the well-being of the biker.
Dangerous driving habits that put motorcyclists at risk include:
- Distracted driving, causing the motorist not to see anyone else around them on the road
- Illegal left-hand turns, where the driver cuts in front of a motorcyclist
- Following too close behind a motorcycle, causing the biker to have to take action to evade the vehicle
- Stopping suddenly in front of a motorcycle, which may also cause a rider to veer
- Failure to check blind spots or properly signal when changing lanes
How to Prove that a Driver Was to Blame for a No-Contact Motorcycle Accident
It may be difficult to prove that a driver was legally responsible in a non-contact motorcycle accident. The default position that the insurance company will take is that you were hurt in a one-vehicle accident, and nobody else was to blame.
You would need some sort of proof that there was a driver involved in the accident and that they were at fault for it. An experienced attorney would conduct a full investigation of the accident to both learn the cause, and gather the evidence that may prove that someone else was to blame.
Some sources of evidence may include:
- Witness testimony from people who saw what happens
- Traffic or dash cam footage that shows the incident
- Testimony from an accident reconstruction expert
- The police report written by the officer who showed up at the scene (although this cannot be used in a lawsuit)
Compensation for Hit-and-Run Motorcycle Accidents
In some cases, the driver may not stop after they have caused a motorcycle accident. The motorist may have glanced off the biker and left the scene of the accident in a hit-and-run crash.
Alternatively, the driver may not have stopped even if they realized that they had done something that forced the motorcycle from their bike.
In both situations, the injured motorcyclist does not have the ability to file a claim against the responsible driver’s insurance policy. Nonetheless, the motorcyclist can file a claim against their own uninsured motorist coverage for their hit-and-run accident.
The insurance company will always do everything that it can to blame the motorcyclist for their own injury. If the insurance company is successfully able to show that the motorcyclist was at fault, or if they can make it even harder for the injured biker to prove liability, they end up saving money.
Other Potential Defendants in a No-Contact Motorcycle Accident Case
There may be other possible defendants in a no-contact motorcycle accident lawsuit. The accident may have been caused by roads that were not maintained in reasonably safe condition. In that case, you may sue the city or state entity that was responsible for maintaining the roadways.
There are different rules that apply to filing a lawsuit against the government, including a shorter statute of limitations. If unsafe roadways were the cause of your accident, you would need to act quickly to hire an attorney to handle your claim.
The accident may have been caused by the motorcycle itself. You may file a product liability lawsuit if a defective part is to blame for the accident. Then, you would need to prove that there was a:
- Design defect
- Manufacturing defect
- Marketing defect
Product liability lawsuits can result in very large settlements or awards. However, these cases are very hard-fought all the way to the end, given the stakes for the defendant company.
Why You Need an Experienced Attorney for Your Motorcycle Accident Case
You should hire an experienced attorney right after your motorcycle accident. A lawyer can conduct a thorough investigation of the accident, figuring out all possible responsible parties whom you may be able to sue.
There may be more than one person or party to blame for your injuries. Your lawyer would help you take legal action against all of them.
If a driver who contributed to your no-contact accident is found, you may begin by filing an insurance claim against that motorist’s policy. However, the insurance company may either outright deny your claim, or they may offer you less than you deserve.
As is often the case, the insurance company may determine that you are partially to blame for the accident and try to cut you off from your compensation.
The insurance company does not get the final word. If their determination is wrong, you can file a lawsuit against the driver in court, forcing the insurance company to hire their own attorneys to defend your lawsuit.
Contact a Motorcycle Accident Attorney Today
If you are a loved one has been injured in a no-contact motorcycle accident, you need a lawyer to fight for you to get compensation for your injuries. The insurance company stands between you and the money that you deserve.
Horton & Mendez Injury Attorneys know how to fight the insurance company because we used to do the fighting for them. They know us, and they respect us. To schedule an initial consultation with one of our attorneys, you can message us through our website, or you can call us today at 910-405-7751. You have no obligation to pay us anything unless you win your case.
