Most of the time when we think of an automobile or motorcycle accident we think of two vehicles colliding. In the case of motorcyclists, this isn’t always the case though. There are cases where a motorcyclist can be injured or suffer damages even though no contact was made with another vehicle.
This is known as a “no contact” accident and motorcyclists still have rights in these situations and may still be eligible for compensation depending on the circumstances surrounding the accident.
What is a “No Contact” Accident?
When motorcyclists are on the road, they may end up seriously injured or suffering damages even though they don’t come in contact with the other vehicle.
For instance, a car in front of the motorcyclist stops abruptly at a red light and rather than risk a collision the motorcyclist lays down their bike, resulting in numerous injuries and damage to their bike. You might be thinking “how is there an at-fault party in these situations?” The truth is that although no contact was made, the driver stopping abruptly forced the motorcyclist to take the action that they did to avoid a collision, thus resulting in the damages.
Negligence and No-Fault Accidents in New Haven
The “no contact” accident rule applies based on proof of negligence by a driver. What this means is that a driver who behaves recklessly or does not take due caution while driving and causes another driver to react in a way that causes harm to them or their property can still be held liable even if there is no contact with either vehicle.
Proving this type of case largely comes down to evidence at the scene and witness testimony because part of proving negligence is showing that the vehicle at fault knowingly acted in a way that caused the damages. Having a personal injury attorney on your side that understands how these laws work will make the process of filing a claim and gathering evidence that much easier.
If negligence can be proven, then the motorcyclist can likely claim damages for not only their financial expenses, such as medical bills, pain and suffering, legal fees, vehicles repairs and other things, but also for emotional distress, loss of relationships, and other trauma related to the accident as well as punitive damages assessed by the court for reckless behavior.
Hundreds of people are injured as a result of motorcycle crashes every year and of those several dozen are even killed. A person can suffer severe and lifelong damages even in a “no contact” accident.
Who is at Fault in a No Contact Motorcycle Accident
As we discussed, negligence is the primary cause of these types of accidents. This means that the at-fault party acted in a way that caused the accident and the damages to the motorcyclist’s vehicle as well as their injuries.
In most cases where negligence can be proven, the at-fault party is deemed to be the other vehicle because that vehicle behaved in a way that led to the accident. So long as the injured motorcyclist acted in a way that was intended to save them from harm or avoid a collision and was not reckless themselves, then they will likely be able to file a claim.
