A “no contact” motorcycle accident essentially occurs when a rider avoids a collision with another vehicle but winds up crashing themselves. A driver’s negligent behavior causes these accidents in most cases. For example, an unsignaled lane change, cutting a motorcycle off, or an abrupt stop. In these scenarios, the driver can still be found at fault and liable for the resulting damages.
Liability for a No Contact Motorcycle Accident
No contact motorcycle accidents are unique and require a thorough legal investigation to establish liability. To hold the driver responsible, the motorcyclist must be able to prove negligence. Negligence means there is evidence that proves the driver failed to demonstrate reasonable care to prevent an accident. In other words, another reasonable driver would not have behaved similarly in the same scenario. For example, if the driver of the vehicle was texting and swerved into another lane, cutting off a motorcycle without realizing it, causing the rider to run off the road, that driver was acting negligently.
Drivers are required to obey traffic laws and remain alert for other vehicles, including motorcycles on the road. When a driver causes a no contact accident by failing to notice or see a motorcycle, they will likely be found liable for damages. However, that also requires identifying the at-fault driver. If they do not stop, it will be challenging to locate them. At that point, the police will treat the accident as a hit and run and will try to find the responsible driver. In these instances, riders will have to rely on their own auto insurance to help cover the costs then file a lawsuit if the driver is eventually found.
Common Causes of No Contact Motorcycle Accidents
There are a number of ways that a driver can cause a no contact motorcycle accident, including:
- Driving distracted
- Violating traffic laws, such as speeding, running red lights, failing to yield the right of way, changing lanes without signaling, etc.
- Failing to notice a motorcycle riding close to them
- Abruptly changing lanes
- Failing to check blind spots
- Road rage
- Reckless driving
Motorcyclists may be able to prevent a no contact collision by staying aware of their surroundings and where other drivers are at all times, following traffic laws, and assuming that drivers do not see them.
Compensation After a No Contact Motorcycle Accident
Florida is a no-fault state, which means motorcyclists involved in a no contact accident can file a claim with their own insurance provider. Personal injury protection (PIP) coverage will pay for medical bills, lost wages, and death benefits when applicable. Motorcycle repairs (property damage) is not covered unless optional insurance, such as collision or comprehensive, has been purchased. It is also important to note that pain and suffering are not compensated. However, if the at-fault driver is found, the motorcyclist may be able to file a lawsuit to hold them financially responsible for the losses that haven’t been reimbursed.
Speak with an Attorney Regarding Your No-Contact Accident
Contact LaBovick Law Group to explore your options and learn more about the compensation you may be entitled to. Call us at (561) 623-3681 to schedule a consultation with one of our West Palm Beach motorcycle accident lawyers or fill out an online contact form with your questions.