You do not have to collide with another vehicle to be injured in a motorcycle accident. Another driver can make a maneuver that suddenly puts them directly in your path, leaving you only a split second to react. If you brake hard, swerve or lay down your bike to avoid being hit, you may suffer serious injuries even though the other vehicle never touches you.
This is called a no-contact motorcycle accident. These cases can be more difficult to prove than accidents involving a direct collision, but they are not impossible.
Who can be liable for a no-contact motorcycle accident?
Liability for a no-contact accident generally relies on proving that the other driver was somehow negligent – meaning that they behaved in a way that demonstrated a lack of reasonable care toward other drivers. Liability might be indicated when a driver:
- Changed lanes without checking their blind spots
- Abruptly turned left in front of your approaching motorcycle
- Pulled out of a driveway or parking lot without looking or yielding
- Followed your motorcycle too closely (tailgated)
- Drifted into your lane because they were distracted by their phone or GPS
- Forced you onto the shoulder or entirely off the road by driving too closely
A motorcyclist does not have to wait to be hit before taking evasive action for the other driver to be responsible for a crash. Swerving or braking and laying down the bike to avoid a more serious collision can be a reasonable response to a dangerous situation created by another driver.
Even so, proving what happened for the sake of liability can be tough when the vehicles never actually made contact. The other driver may deny being involved in the wreck or claim you overreacted and laid your bike down for no reason. Traffic-camera footage, dashcam video, witness statements, skid marks and nearby surveillance recordings may help establish how the accident occurred, however. A prompt police report and medical evaluation can also provide important documentation that will later help your claim.
A no-contact motorcycle crash can leave you facing devastating injuries and months of recovery. Because video recordings can be erased and witnesses can become hard to find, acting quickly can make an important difference in a no-contact motorcycle accident claim. Before you talk to an insurance company, you may want to speak with a skilled attorney, instead. They can best protect your interests and help you take the next steps forward.