‘No-Contact’ Motorcycle Accident: Whose Responsibility?
“No-contact” accidents are more common than you might think. Figuring out who is to blame for these wrecks can be a headache; it is not always clear-cut, and everyone has their own story to tell.
Written By: BOSS Editorial
Reading Time: 4 minutes
Riding a motorcycle is a whole different ballgame compared to driving a car. There is much less protection between you and the pavement; as such, a motorcycle accident can cause severe, permanent damage.
“Although many accidents happen due to collisions with another vehicle, some motorcycle accidents occur without the motorcycle ever touching another car,” says attorney Michael P. McCready of McCready Law Injury Attorneys
These “no-contact” accidents are more common than you might think. Figuring out who is to blame for these wrecks can be a headache; it is not always clear-cut, and everyone has their own story to tell. This blog will break down who might get stuck with the bill in these messy situations.
Understanding “No Contact” Motorcycle Accidents
Imagine you’re cruising on your bike, the wind in your face, when a careless driver swerves into your lane or slams the brakes with no warning. Next thing you know, you are dodging disaster, and then you crash. You never actually hit the car, so that is what is called a “no-contact” motorcycle accident.
It is not always some driver’s bad move, though. Sometimes it is a gnarly pothole, a rogue patch of gravel, or rain making the road slick that leads to a no-contact accident. Motorcycles do not have the same margin for error as cars, as they have smaller wheels, less grip, and an iffy balance. One wrong move and you hit the asphalt. It could be contactless, sure, but there is plenty of blame to go around.
Who is to Blame?
Figuring out who is at fault in a no-contact motorcycle accident can be complicated. If a car driver pulls a dangerous move, such as cutting off a biker, swerving without warning, or failing to use their turn signal when changing lanes, and the rider wipes out dodging them, the driver is likely to carry most of the blame.
Bikers are not always innocent. If you are blitzing down the road full speed, riding someone’s bumper, or cannot keep your bike upright, the fault is most likely with you.
When the issue is with the road, such as a pothole the size of a crater or a piece of gravel that authorities should have cleaned up, those in charge may bear responsibility. If you encounter a part malfunction because someone at the factory was napping on the job and you end up hurt, the faulty part manufacturer might have to foot the bill.
Every accident has its drama, and blame can get tossed around; it is never just black and white.
Shared Fault in No-Contact Motorcycle Accidents
Sometimes, the fault in no-contact motorcycle accidents is shared. Illinois uses “modified comparative negligence” rules; basically, everybody’s faults get tallied up, and your slice of the blame pie determines the compensation you might receive.
For instance, if you are 51% at fault, you would not be eligible for compensation. So, let’s say a car driver swerves and cuts off a motorcyclist, but the biker’s also speeding. In that case, both drivers could be at fault. The tricky part is figuring out who messed up worse.
The goal is to maintain fairness. Everybody gets called out for the roles they play in the chaos. That is where having a lawyer makes a considerable difference, as they will ensure you are not carrying another person’s blame.
Why You Need a Lawyer
Trying to deal with a no-contact motorcycle accident is not an easy feat. Blame gets tossed around, and the insurance companies are not lining up to help you out. They will twist things to make it sound like you took a wrong turn somewhere, and suddenly, it is your fault.
That is when you want a lawyer who knows their stuff. Find someone with legit experience, a solid win record, and loads of positive reviews that sound like real people wrote them.
The right lawyer can be the difference between actually getting what you deserve and walking away with next to nothing. Whatever the cause of the accident, you need someone who can spot it and build your case.
Conclusion
Attributing liability in a no-contact motorcycle accident is critical, but a challenging task to accomplish. Understanding the process involved will enable you to handle this situation effectively. A trusted attorney will be able to guide you through these perplexing waters and help set you back on the right track.
