Being in a motorcycle accident can be terrifying, changing the trajectory of one’s life in a single
moment. The National Highway Traffic Safety Administration (NHTSA) reports that 106,417
motorcycle crashes occurred in 2020 across the United States, and 23,774 of those accidents
were “noncollisions” resulting in hundreds of deaths and thousands of injuries. Many people
may assume they cannot have a legal claim for a no-contact motorcycle accident, but that is not
always the case. For questions about no-contact motorcycle accidents and determining liability,
consider contacting the experienced Missouri motorcycle accident attorneys at Steelman Gaunt
Crowley by calling 573-341-8336.
What Is a No-Contact Motorcycle Accident?
A no-contact motorcycle accident occurs without a physical collision between vehicles. For
example, a passenger car might swerve into the adjacent lane and obstruct a motorcycle’s path,
causing it to maneuver out of the way and tip over or crash into another object. According to the
NHTSA, noncollisions involving motorcycles resulted in 871 deaths and 21,293 in 2020
nationwide.
Because of their small size and less stable design, motorcycles are at a higher risk of tipping
over, causing devastating injuries to the exposed driver and passenger.
As the NHTSA describes, inclement weather and road obstructions can also cause no-contact
motorcycle accidents. Even minor potholes or light rain can create a dangerous environment to
operate and ride a motorcycle.
Can Someone File a Claim in a No-Contact Motorcycle Accident?
Depending on the specific circumstances, a motorcycle rider may be able to file a claim against
another party for directly or indirectly causing their motorcycle crash. A negligent driver may be
responsible for not keeping their eyes on the road, causing them to swerve into the motorcycle’s
lane. In other cases, a property owner may be held accountable for failing to maintain the
private parking lot properly.
Whether the victim has a claim against another is heavily dependent on the situation, so it is
advisable for them to conduct thorough research to discover if they have a claim. They can
begin by attempting to file a claim with their insurance provider or consulting with a
knowledgeable attorney in their area. If you were involved in a no contact motorcycle accident,
consider visiting with the experienced motorcycle accident lawyers at Steelman Gaunt Crowley.
What Does a Victim Need to Prove in a No-Contact Motorcycle Accident Lawsuit?
In terms of the law, most personal injury claims are based on some form of negligence. Under
the theory of negligence, a victim must prove the following four fundamental elements:
The other party (e.g., driver or property owner) owed them a legal duty of care.
The other party failed to meet (i.e., breached) their legal duty of care.
The breach or failure caused the plaintiff to suffer an injury.
The victim experienced actual damages.
The victim must provide sufficient evidence to show that each of these elements occurred.
Individuals who suffered injuries in no-contact motorcycle accidents might consider speaking to
an experienced Missouri personal injury lawyer at Steelman Gaunt Crowley to help them
understand and assert their legal rights.
Duty of Care
Injured parties must first prove the at-fault party owed them a legal duty of care under the
circumstances. The duty of care typically depends on the relationship between the parties and
the situation.
For example, a property owner owes a legal duty to invitees to upkeep the premises and warn
of dangerous conditions. If they fail to meet this obligation, they may be at fault if an invitee
suffers a foreseeable injury, such as tipping over their motorcycle because of a deteriorated
parking lot. Likewise, drivers owe others on and around the road a duty to follow posted traffic
signs, abide by traffic laws, and make reasonable driving decisions.
Breach of Duty of Care
Injured parties must then prove that the at-fault party failed to meet the duty of care in the
situation. In other words, they must show that the other party should have taken some action or
refrained from acting in a certain way but did not do so.
For example, the motorcycle victim might present evidence that the driver of a car drove
recklessly or negligently, which caused the motorcycle rider to lay down their motorcycle or
swerve off the road to avoid a collision.
Causation
Third, the victim must show that the at-fault party’s breach caused or led to the injuries suffered
by the motorcycle victim. In other words, had the at-fault party acted differently, such as by
behaving safely on the roadways, the no-contact motorcycle accident would not have
happened. The main idea is that the injuries suffered by the victim are directly related to the
negligent party’s actions to prove legal liability.
Injury
The last element the victim must prove is that they suffered actual damages or injuries as a
direct result of the accident. For example, they might present medical records and hospital bills
or copies of a repair shop’s bills to show the word done to repair the motorcycle. Accident
victims can help support their claim for damages by keeping a copy of all injury-related bills or
records or creating a pain journal to document the day-to-day impact of their injuries on their
lives.
Contact an Experienced Missouri Motorcycle Accident Attorney To Learn More
No-contact motorcycle accidents can cause extensive injuries, even death. Missouri law
provides victims and their families a path to pursue the compensation they need to move
forward and hold an at-fault party accountable. If you have experienced a motorcycle accident in
Missouri, consider contacting the dedicated and compassionate Missouri motorcycle attorneys
at Steelman Gaunt Crowley by calling 573-341-8336.
