Motorcyclists usually only have a few seconds to avoid colliding with another vehicle on the road. Sometimes, it’s too difficult or dangerous for the motorcyclist to attempt to get out of the way to prevent an accident. When this happens, the motorcyclist can lay the bike down in order to prevent a crash. However, laying a bike down can seriously injure the motorcyclist. Who is liable for the injuries sustained in these no contact motorcycle accidents?
Proving Negligence is Key in Traffic Accident Cases
Proving negligence is the key to identifying the liable parties in traffic accident cases. No contact motorcycle accidents are treated the same way as other traffic accidents—the negligent party is liable for the other party’s injuries.
Drivers act negligently when they fail to act in a reasonable and responsible manner. For example, a reasonable and responsible person would obey the traffic laws. If a driver runs through a red light, he is not acting reasonably or responsibly, so this would be considered negligence. If a motorcyclist lays down his bike because of the actions of a negligent driver, the driver is liable for the motorcyclist’s injuries.
For example, let’s say a car and motorcycle are stopped at a four-way intersection. It’s the motorcyclist’s turn to go through the intersection, but the motorist goes anyways. In order to avoid a collision, the motorcyclist lays down his bike and injures himself. Since the motorist violated a traffic law by entering the intersection before the motorcyclist, the motorist can be held liable for the motorcyclist’s injuries.
Recovering Compensation in No Contact Motorcycle Accident Cases
Motorcyclists can face several challenges when trying to recover compensation for their injuries. First, the driver may not even realize that his actions have caused the motorcyclist to lay down his bike. Because he is unaware of what he’s caused, he may not even stop to exchange information with the motorcyclist.
The at-fault party’s insurance company can also make it difficult to recover compensation. The insurance adjuster can argue that the motorcyclist is responsible for his own injuries because he could have safely avoided the collision in another way instead of laying down his bike.
Let an experienced personal injury attorney help you overcome these challenges. If this happens to you, let the criminal defense attorneys at Reisch Law Firm fight for your freedom. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.
