This article discusses the concept of no contact motorcycle accidents and how negligence in this type of accident is determined.
If you are riding a motorcycle and end up crashing to avoid a car, the driver of the car is liable even though the car and motorcycle did not collide. The driver can be held liable for the motorcyclist’s injuries and property damage in such a situation. This is referred to as a ‘no contact’ accident. This article discusses the concept of no contact motorcycle accidents and how negligence in this type of accident is determined.
To prove such a case the key is whether the car driver was negligent. Negligence is based on the ‘reasonable person’ standard. This standard shows that a reasonable person would have taken a certain course of action in a certain situation. Therefore, not taking such an action would be deemed as negligence. Conversely, if a reasonable person would not have taken a certain course of action in a given situation, then by taking action you are deemed negligent. To determine whether a person has acted negligently it is necessary to examine all the circumstances relating to that person’s actions.
A driver’s basic duties are to obey traffic laws and to be aware of what is around them. Therefore, drivers must keep a look out for obstacles on the road; that is other road users – pedestrians, other vehicles, traffic devices etc. As a rule, if a driver fails to see or notice what is plainly there to be seen and respond appropriately the driver is likely to be found as negligent.
Some examples of no contact accidents are discussed below:
A car and motorcycle both travelling in the same direction down a two way street, with each vehicle in separate lanes. The car being a little way ahead of the motorcycle, the car switches lanes quickly without signaling or giving notice to the motorcycle. In order to avoid the car, the motorcycle swerves, loses control and crashes. In this scenario there was no contact between the car and the motorcycle. In such a situation, the driver is likely to be found as negligent because the driver:
- switched lanes without signaling to show their intention of switching lanes
- could see the motorcycle but did not notice it
- was negligent in failing to take proper precautions
- failed to observe what was there to be see
A car is driving in front of a motorcycle in the same lane. The car slows down but the motorcycle does not. Finally, the motorcyclist realizes that the car has slowed down and so as to stop, the motorcycle swerves and crashes. There is no contact between the motorcycle and the car. In this case it is the motorcyclist’s obligation is to see and observe what is there to be seen – that is the car stopping in front of the motorcycle. The accident happened because the motorcyclist failed to notice the car slowing down. Therefore, the motorcyclist was negligent and would probably be deemed the sole cause of his injuries.
If you are require legal advice with regards to a Northridge car accident, seek out a Northridge car accident attorney.
To hire truck accident injury attorney, the author recommends the King Law Firm.