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Who Is Liable in a No-Contact Motorcycle Accident?
The team at Rocky McElhaney Law Firm: Car Accident & Injury Lawyers is here to help you pursue compensation after you have been injured by a careless driver. Schedule a consultation with a motorcycle accident attorney by calling us today.
What is a no-contact motorcycle accident?
A no-contact motorcycle accident occurs when another vehicle runs a motorcycle off the road or into an obstacle but does not actually make physical contact with the rider. These accidents can happen in a variety of ways:
- A driver begins to merge into a rider’s lane without seeing them. The rider has to take evasive action and drives onto the shoulder, loses control of the motorcycle, and crashes.
- A driver turns left in front of a motorcycle going straight. The rider turns hard to avoid a crash and flips their bike.
- A driver drifts into a rider’s lane without warning, forcing the rider to panic brake.
This is not an exhaustive list; there are countless ways a distracted or inexperienced driver can put a motorcyclist in a position where they have to make a split-second decision.
These cases are often associated with “phantom vehicles.” Because there is no physical contact, the other vehicle may leave the scene. As a result, the rider may be unable to identify them.
Can another driver be liable even if they did not hit the motorcycle?
Yes. Liability depends on whether someone’s negligence caused the accident, not just whether the vehicles touched. Drivers have a responsibility to use reasonable care when operating their vehicles. Unsafe merging, failing to yield, and improper turns may all be considered negligence if the evidence supports it. The central issue is whether the other driver acted negligently and whether their negligence caused the rider to crash.
When there is no physical impact between the vehicles, proving that the answer is “yes” can feel like an uphill battle.
Proving another driver caused your accident
Evidence is important in any type of personal injury claim, but it is especially important in a no-contact collision. A motorcycle being damaged is not proof that another vehicle was involved. The insurance company may argue that the rider lost control, was riding too fast for conditions, or crashed for an entirely separate reason. You need evidence that proves that there was another vehicle involved at all. Useful evidence can include:
- Independent eyewitness statements
- Traffic camera footage
- Dashcam or helmet camera footage
- Footage from nearby business or home surveillance cameras
- Police reports
- Accident reconstruction evidence
As you identify evidence, you should take steps to preserve it immediately. Video footage may be a crucial part of proving the involvement of another vehicle, and many types of footage are overwritten after a set period of time. Businesses, government agencies, and home security systems do not keep footage permanently.
What happens if the other driver leaves the scene?
In some cases, a driver does not realize that the motorcyclist crashed behind them, so they do not realize they need to stop at the scene. In others, they simply leave to avoid any fallout from the accident.
If you are able to identify anything about the other driver, that may help investigators track them down. The make, model, and license plate of the vehicle can be useful—even a partial license plate can be helpful. Company logos or distinguishing features can also narrow down potential vehicles.
In cases where the driver cannot be identified, other types of insurance coverage may come into play.
Does uninsured motorist coverage apply to a no-contact motorcycle accident?
Uninsured motorist coverage can potentially apply to a no-contact motorcycle accident. This assumes that uninsured motorist coverage was not rejected in writing by the named insured. Tennessee law allows for uninsured motorist coverage to be used when the owner or operator of a vehicle cannot be identified. Coverage may be available if actual physical contact happens or if the existence of the other vehicle is established by clear and convincing evidence provided by someone other than occupants of the vehicle.
There are other stipulations that must be met before a rider can use uninsured motorist coverage. The rider or someone on their behalf must report the accident to the appropriate law enforcement agency in a reasonable amount of time, and the insured must not have been negligent in failing to identify the other vehicle’s owner or operator.
Does Tennessee require proof of an unidentified driver?
Yes, and the standard of proof is fairly high. When no physical contact occurs, there must be clear and convincing evidence of the other vehicle’s existence. That evidence must come from sources other than occupants of the insured vehicle. This means that even if you and a passenger on your motorcycle saw the other vehicle, your testimony does not satisfy the required clear-and-convincing proof of the vehicle’s existence.
An independent witness who saw a vehicle force you off the road can be very helpful to your case. Video footage can also establish the existence of another driver.
This law exists to distinguish legitimate no-contact accidents from unsupported claims.
Compensation that may be available after a no-contact motorcycle crash
When someone else’s negligence results in an accident, the injured rider may be able to recover several types of compensation. What is actually available depends on the facts of their case, but they may potentially be compensated for:
- Medical expenses
- Future treatment and rehabilitation
- Lost income
- Pain and suffering
- Permanent impairment
- Property damage
Injured in a no-contact crash? Rocky McElhaney Law Firm: Car Accident & Injury Lawyers is here to fight for you
We understand the challenges you face when another driver causes an accident without actually striking you. We are here to investigate the circumstances of your collision, evaluate the evidence available, and find the right path forward for you. Call us or contact us online to get started.