Fast reflexes are key when operating a motorcycle, as experts estimate that riders only have about two seconds to react before an accident occurs. In some cases, the motorcyclist must veer their own vehicle off the road or even jump off it, in order to avoid an accident. These kinds of accidents are referred to by California-based motorcycle injury lawyers as “no contact” accidents.
A motorcycle rider may wonder if they can get coverage for this accident even though they didn’t have contact with the other vehicle. Whether or not the car involved pulls over, they are still liable for what happened, and the motorcycle rider should be compensated for whatever injuries and property damage resulted from the accident. The other party is referred to as the “phantom vehicle” since it made no actual physical contact.
Phantom vehicles are treated the same way as hit-and-run vehicles in the eyes of insurance agencies. This can provide legal help for motorcycle crashes due to uninsured or underinsured motorist coverage. If you were in a no-contact accident while riding your motorcycle, your motorcycle accident attorney Newport Beach will tell you that you can still get compensation due to the driver’s negligence.
Determining negligence in a car accident is crucial to getting compensation. Negligence is seen in a court of law as someone not taking a reasonable standard of care when the accident occurs. The courts will examine all the circumstances relating to both parties’ actions in connection with the crash.
The state of California follows the doctrine of pure comparative negligence, meaning that the fault of both parties is examined when determining compensation for damages. Pure comparative negligence puts a percentage of fault on each party, and that party has to pay according to how liable they are. For example, if the motorcycle rider is 40% at fault for their damages and the car driver is 60% at fault, then the motorcyclist must pay 40% of the damages and the driver must pay 60% of the damages.
Head-on collisions account for 76% of two-vehicle motorcycle crashes. A common example of this is when a motorcycle and a car are heading opposite directions down a two-lane road. If the car swerves into the motorcycle’s lane, a head-on collision would be severe for the motorcyclist and could even result in death. The rider veers off the road and crashes their bike to avoid colliding with the car. It would be likely that the driver would be seen as negligence for swerving into oncoming traffic.
Another example of a motorcyclist being forced to crash due to someone else’s negligence would be one that occurs following an abrupt lane change. If a motorcycle rider notices that a car is merging into their lane and on the verge of hitting them, they can be forced off the road to stop a potential two-vehicle accident. This is an example of a no contact accident because even though the lane-changing driver caused the motorcycle to crash, their vehicles did not touch.
In the event that you are in a no contact accident, your journey to proper compensation starts at the scene. The sad reality is that the vehicle that caused you to crash may not even stop to see if you are okay. If this is the case, you can still get compensation, especially if there were witnesses.
If others are present at the scene, make sure to get their contact information so that they can provide a statement detailing the no contact accident. If there were any security cameras, footage of the accident is also crucial to your claim. You can also purchase a camera to place at the handles of your motorcycle so that you have hard evidence in the event you are injured in a motorcycle accident.
Notifying the police and your insurance agency are also crucial, as they can help your motorcycle accident attorney investigate the crash. The police report that the responding officer will take down will serve as evidence in court. The thing you should do in the days following the accident is contact an experienced motorcycle crash legal professional like Accident Lawyers Firm.
If you crashed or had to lay down your motorcycle to avoid colliding with another vehicle, it could be the other driver’s negligence that caused the accident. Accident Lawyers Firm is an injury attorney Newport Beach motorcycle enthusiasts trust to get compensation for their damages following an accident. Accident Lawyers Firm has experience in motorcycle accident claims, and they can provide you with the right path to compensation.