You have likely heard of motorcycle accidents, typically when they involve other drivers. But have you heard of a “no contact” motorcycle accident? When a motorcycle driver tries to avoid an accident with a negligent driver and, as a result, ends up in an accident, this is referred to as a “no contact” accident. In such a scenario, the negligent driver can still be held legally and financially responsible for the resulting damages if that driver is found to be a fault, contributed to, or caused the motorcyclist to crash.
Finding Fault in “No Contact” Accidents
Anyone involved in a crash can be held legally or financially at fault because of their careless or negligent behavior. If the motorcycle rider can identify the driver who is at fault, they can file a claim against their car insurance company—or against the car’s driver personally—for harm and losses suffered. That being said, if the at-fault driver refuses to stop or does not agree that their behavior led to the crash, it can be difficult to hold that person accountable. When this occurs, it is critical for an accident victim to contact the police as soon as possible. Law enforcement will treat the crash as a “hit-and-run” and will attempt to find the party responsible for the crash. That party will be known as a “phantom driver.” During this time, an injured motorcyclist is going to have to rely on their own car insurance coverage to pay for motorcycle damage as well as injuries suffered until the at-fault driver is located.
Monetary Compensation for Victims
A motorcyclist who is hurt in a “no contact” accident typically has a legal right to recover monetary compensation for harm and losses suffered due to the fault of another. The types of monetary compensation available can include:
- Future and current medical expenses;
- Loss of current income and future income;
- Damage to property;
- Loss of future earning capacity;
- Pain and suffering;
- Loss of enjoyment of life.
If the supposed phantom driver cannot be found or identified, the injured motorcycle rider will have to file a claim with their car insurance policy—as long as the policy includes collision or uninsured/underinsured motorist coverage. This type of insurance coverage is optional in Nevada (and other states), and, as a result, many may have an insurance policy that does not cover this situation. Consequently, a victim of a “no contact” accident may be stuck paying for their own expenses out-of-pocket and using health insurance coverage. Should the at-fault driver be found eventually, then the motorcycle victim may be able to seek to recover their costs.
Common Accident Causes
There are several factors that can contribute to a “no contact” motorcycle accident. These include a driver:
- Who gets distracted and drifts in and out of the lane;
- Weaving through or speeding in traffic;
- Who runs a red light or a stop sign;
- Failing to yield the right-of-way to others;
- Makes a sudden lane change;
- Who fails to check for blind spots and cuts off bikers;
- Who tailgates other drivers;
- Who has, and gives into, road rage.
Any of these negligent behaviors by a driver that forces a motorcycle rider to react in a way that results in a “no contact” crash.
Contact Us Today
If you or someone you know has been involved in a motorcycle accident due to the fault of another, contact the experienced Las Vegas accident lawyers at H&P Law. Our attorneys will explain your rights and obligations under Nevada law and seek maximum payment. Contact us today.
