Willens Law Offices Articles Motorcycle Accidents - Liability in 'No Contact' Crashes

Motorcycle Accidents - Liability in 'No Contact' Crashes

By Matt Willens  Sep. 22, 2015 8:17a

Who is responsible for a no-contact motorcycle accident?

Even if there is no contact between a motorcycle and a car, the driver of the car may still be held liable for the injuries and property damage arising out of a motorcycle accident. This is called a no-contact motorcycle accident. In order to prove fault in such cases, it would be necessary to determine whether the driver was negligent or not.

Generally speaking, negligence means not exercising reasonable care as any reasonable person would do in a similar situation. If a reasonable person would have acted in a certain way in a certain situation, then not acting that way would amount to negligence.

Responsibilities of a Driver

The basic responsibilities of a driver are to be aware of what is around them and to obey all traffic rules. Drivers should watch for any hazards or obstacles on the road including pedestrians and other motor vehicles. If a driver fails to notice any such obstacle that is clearly visible and does not respond appropriately, he or she may be considered negligent.

No-Contact Motorcycle Accident- Scenario 1

A motorcycle and car are traveling the same direction on a two-lane street, and each of the vehicles is in separate lanes. The car is ahead of the motorcycle and suddenly and unexpectedly changes lanes without giving a signal. In an attempt to avoid the car, the motorcyclist veers, loses control of the motorcycle, and ends up in a crash. Even though the two vehicles did not come in contact, the driver of the car may be found negligent because the driver changed lanes without warning and failed to notice the motorcycle.

No-Contact Motorcycle Accident - Scenario 2

A motorcycle is traveling down a street behind a car at a safe distance when the car begins to slow down. The car slows down but the bike does not, and when the motorcyclist notices that the car has slowed down, the motorcyclist panics, swerves the bike, and crashes. In this case, the motorcyclist would be held liable because it is a rear-end collision even though there has been no contact. As in the case of any other rear-end collision, the vehicle coming from behind would be held liable. The motorcyclist would be responsible for the resulting injuries and property damage.

If you have been injured in a ‘no contact’ motorcycle accident, contact a Willens accident injury attorney from Willens Law Offices. Call us at (312) 957-4166 for a free consultation.

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