The vast majority of car accidents involve vehicles striking one another, and while many motorcycle accidents also involve collisions with a vehicle, a substantial amount of motorcycle accidents occur when the rider successfully avoids a collision only to be involved in an accident as a result of this maneuver. For example, a motorcyclist may crash while avoiding a vehicle that turned left in front of them. These types of motorcycle accidents are oftentimes classified as “no contact” motorcycle accidents.
What happens to a motorcyclist who crashes as a result of someone else’s actions, even if they aren’t involved in a collision with that vehicle, and moreover, are they eligible for personal injury compensation? We explore how no contact motorcycle accidents are handled in today’s blog.
What To Do In A No Contact Motorcycle Accident
If you are involved in a no contact motorcycle accident, you’ll want to be smart about how you move forward in the wake of the accident. Assuming the other driver stopped, you can proceed like you would in any other accident, meaning get medical care, have a police report filed, document injuries and damage to your vehicle, exchange contact information and contact a personal injury lawyer like Dean Margolis.
If the other party fled, you’ll have a little more work to do. Follow all of the steps above, with the exception of exchanging contact information with the other driver, since that’s not possible. Instead, try to get contact information from any witnesses who may be able to verify your claim. Moreover, either you or your lawyer will want to see if there is any way to identify the driver who you believed caused your accident. If any witness got their license plate, or if traffic cameras or business security recordings caught information on tape, work to secure this evidence.
And while you’re likely angry and upset about the other driver’s accident, try to keep your emotions in check. It’s possible that they were not aware they caused your accident, and even if that’s unlikely, these emotions can make it difficult to move forward in the best way for your case.
Also, know that you may have a no contact motorcycle claim even if another vehicle wasn’t the cause of your accident. For example, if poor road surfaces or defective traffic signage contributed to your accident, you may be able to move forward with an injury claim against a city or local government.
Proving Negligence In A No Contact Motorcycle Accident
Minnesota is a no fault state, meaning that you’ll file a compensation claim with your automobile insurance provider, but because injuries may extend beyond normal policy limits, you may elect to sue the other driver for damages. When this happens, you’ll want to prove fault and possibly negligence. Again, witnesses and video evidence can help prove this, but your best bet is to sync up with a personal injury lawyer.
They’ll be able to review all the evidence and put together a strong claim that puts you in a good light and showcases that the other driver was at fault or negligent. If your lawyer can show that any of these factors occurred, you may be able to prove that the other driver was negligent for your accident:
- Drunk driving
- Distracted driving
- Drowsy driving
- Improper or illegal lane changes
- Turning in front of a motorcycle
- Unsafe merger into a motorcyclist’s lane
- Improper passing
- Excessive speeding
If the other driver is found negligent for your crash, you may be able to collect compensation for current and future medical bills, lost income, out of pocket expenses, damage to your motorcycle and pain and suffering.
Don’t try to collect these damages on your own. You may be able to prove that your injuries exist, but proving that another driver was the cause of your crash will be tough, especially if they have a lawyer on their side. Make sure that you have a professional in your corner to get you everything you deserve after your motorcycle accident. You focus on your recovery, and we’ll focus on getting you the compensation you deserve. For more information, or for help with your injury case, reach out to Dean and the team at Margolis Law Firm today at (952) 230-2700.
- Injured While Jaywalking – Am I Ineligible For Compensation? - February 28, 2024
- No Fault Claims In Minnesota Provide More Benefits Than Most Realize - February 21, 2024
- How Do Attorneys Determine A Settlement Amount? - February 13, 2024