Anyone who owns a motorcycle will tell you that there are many ways in which motorcycle accidents occur. Take a case where a motorcyclist lays their bike down to avoid an oncoming car or avoid a collision. Such accidents are referred to as no-contact. Interestingly, a motorcyclist can hold a driver liable even if there were no injuries suffered in such an accident. In such a case, the driver can be held liable for any injuries or property damage incurred. However, holding such a driver responsible will be based on the theory of negligence.
Determining Negligence in A No Contact Motorcycle Accident
In some cases, you may find it prudent to walk away if you safely maneuvered through and never incurred a single injury or damage to your motorcycle. The problem arises when you may take a dangerous action, such as hitting a different vehicle or injuring a pedestrian. Determining negligence in a no-contact accident is not easy. One should consider looking for motorcycle injury attorneys to help in holding the faulty drive liable. In most cases, a driver may not even be aware that they caused an accident and may even leave the accident scene. Just like in any other personal injury claim, identifying the responsible party has to be based on:
- Duty of care: Every driver should avoid putting another person in danger.
- The driver breached that duty towards you: In a no-contact accident, determining whether the duty of care was breached is not straightforward, like in a normal motorcycle or car accident case. All drivers on the road should obey the traffic rules and be on a constant lookout for any obstruction such as pedestrians, destructive devices and the like.
- There were damages suffered: In this context, the motorist may or may not suffer from physical injuries or property damage. But they can have emotional trauma.
A driver can be held liable in a no-contact motorcycle accident even if the car and the motorcycle never collided. For instance, if a motorcyclist and a driver were on different lanes, but the driver quickly moves on the motorcyclist lane, the motorcyclist may swerve and cause another accident to avoid the crash. In this case, the driver can be held liable. Liability has to be determined first for any reasonable out of court settlement or trial award.
How Much A No Contact Motorcycle Accident Claim Is Worth?
Once you have proved that the defendant was liable, you are assured that either an out of court settlement or trial award will cover injuries or damages you incurred. If your injuries were severe, the more damages you get. Let’s say a motorist made you swerve, and you got hit by an oncoming vehicle. This would be a clear-cut case, and damages would be awarded accordingly. You can receive damages through:
- Settlements: You will have to negotiate with the faulty driver insurance company. The circumstances of your case will determine whether the process may be faster or your case has to move on to court. Your lawyer can present a well-organized demand letter emphasizing the emotional points in your favor.
- Going to trial: If there is no agreement reached on the amount of compensation being offered, you should present these arguments to a judge or jury.
There are many advantages to settling an injury lawsuit and avoiding going to trial. But the decision should rest with your personal injury lawyer. Each case is different, so the amount of damages and the legal strategy used by another plaintiff may differ. Nevertheless, the amount received by a claimant will depend on:
- The type of injuries you may have suffered: These injuries may include road rash, head injuries, broken limbs and so on.
- The severity of these injuries: A victim with a traumatic brain injury cannot receive the same compensation as a broken wrist victim. The reason being the extent of injuries and the time it will take to heal cannot be the same.
- Whether you suffered any property damage: If the motorcycle was damaged, it could be repaired or declared a total loss. In such situations, insurance companies have been known to take stiff stances when making decisions about whether to have a motorcycle declared a total loss or have it repaired. Whichever decision is made, the best thing is to have a lawyer working out to negotiate the right value for your motorcycle with the insurance company.
Contact Experienced Lawyers in Alaska
The core thing of any personal injury claim will be to take the plaintiff back to their position before the accident happened. Therefore, any concerns about your injuries, damages or any other issue related to your motorcycle accident should be handled by an experienced motorcycle accident lawyer. To learn more about no-contact motorcycle accidents, you might consider talking to an experienced motorcycle accident lawyer.