Not all motorcycle accidents involve a motorcyclist slamming into a car, or vice versa. No-contact motorcycle accidents are also quite common on Kentucky’s roads. Imagine the following scenario: You are riding your motorcycle in Lexington when, all of a sudden, a car in front of you slams on its brakes. You have to lay the bike down to avoid hitting that vehicle, but, as a result, you end up sustaining a serious personal injury. The driver of the vehicle that caused you to lay your motorcycle down says that the accident was nobody’s fault, but is he right? Who is at fault for a no-contact accident when no collision occurred? How is fault determined in no-contact motorcycle accidents? Most importantly, how does the injured motorcyclist seek compensation?
No-Contact Motorcycle Accidents in Which the Driver Remains on the Scene
If the driver is known in a no-contact motorcycle accident, this makes the process of determining fault and seeking monetary damages a lot easier. Unlike in a no-contact motorcycle accident in which the other driver flees the scene, there are many compensation options available. Fault depends on whether the car driver or motorcyclist was:
- Speeding. Did either party exceed the speed limit before the no-contact accident?
- Distracted. Was either one of you using a cell phone, eating a burger, changing a radio station, looking at the GPS device, or in any other way distracted before the accident occurred?
- Violating traffic laws. Was there an adequate following distance between the vehicles? Did the motorcyclist attempt to lane-split or travel in the car’s blind spots? Did the car driver use turn signals?
- Under the influence. If alcohol or drugs are believed to have contributed to the no-contact accident, you and the car driver may be requested to participate in roadside sobriety tests.
What if the Driver Fled the Scene?
How is fault determined in a no-contact accident when the driver is unknown and cannot be identified? It may be nearly impossible to establish fault in a hit-and-run no-contact motorcycle accident. In some cases, police are able to track down the hit-and-run driver and charge him or her. In most hit-and-run accidents, fleeing drivers are never located or identified. To protect injured victims, the state of Kentucky provides insurance coverage for motorcyclists who were hurt by hit-and-run drivers. That coverage is called Uninsured/Underinsured Motorist Coverage (UIM). If you have UIM coverage, you may be able to collect compensation for medical costs from your insurance company. Whether or not you get compensated for other damages depends on the terms of your policy, coverage limits, and your insurance carrier.
Get legal help from a Lexington motorcycle accident attorney to look for sources of monetary compensation. Contact Roberts Law Office to discuss your options. Call at (859) 231-0202 to talk to our skilled lawyer.