Posted in Motorcycle Accident on July 4, 2022
Every year, thousands of motorcyclists suffer life-changing injuries from preventable traffic accidents. According to data collected by the Insurance Information Institute, 5,014 motorcyclists died in accidents in 2019. Data from 2019 showed that motorcyclists were about 29 times more likely to die in a crash than passenger car occupants per vehicle miles traveled. One of the lesser-known types of motorcycle accidents that can inflict serious and fatal injuries is the “no-contact” crash.
A no-contact motorcycle accident occurs when a motorcyclist lays down his or her bike, veers off of the road, or otherwise crashes as an outcome of having to react to a driver’s negligence. Although there is no actual contact between the driver’s car and the motorcycle, the driver – referred to as a phantom driver – can be held responsible for forcing the motorcyclist to crash. This is because without the phantom driver’s negligence, the motorcyclist would not have had to react to a dangerous roadway situation and crash the bike.
A no-contact motorcycle accident is most commonly caused by the phantom driver. This type of crash can take place due to many examples of driver negligence, such as speeding, cutting a motorcyclist off, making an unsafe lane change or merging on top of a motorcyclist, making an unsafe left-hand turn in front of a motorcycle, failing to notice or see a motorcycle, running a red light, and tailgating.
Proving that a phantom driver is at fault for a no-contact crash in Nevada requires clear and convincing evidence. The evidence must be strong enough to demonstrate that the driver is more likely to be responsible for the crash than not. You or your motorcycle accident lawyer must show that your no-contact motorcycle accident would not have happened were it not for the negligence of the defendant.
The evidence that may be available to prove that a phantom driver is at fault for a no-contact motorcycle accident can include a police report, accident reconstruction, eyewitness statements, photographs and videos, GoPro footage, and the driver’s cell phone records. An attorney can help you prove that the other driver is to blame for your accident despite the fact that your vehicles never touched by hiring experts and searching for all available evidence.
If a motor vehicle driver broke a traffic law or otherwise behaved negligently behind the wheel, and this forced a motorcyclist to react to avoid a crash, the phantom driver can be held responsible for a subsequent no-contact accident. In Nevada, the party at fault for causing the crash is who must pay for the other party’s medical bills and property damage repairs. Typically, the responsible driver pays through his or her automobile insurance.
To file a claim against a phantom driver for a no-contact motorcycle accident, you will call the driver’s automobile insurance company to report the crash. Do not admit to any fault for the accident when speaking to the insurance claims adjuster. You should also contact your own insurance provider to notify them of the crash. The insurance company will investigate the wreck to determine if its policyholder is to blame. If so, you will receive compensation according to your losses and the limits of the driver’s policy.
An unfortunate situation that often arises in no-contact motorcycle accidents is the phantom driver leaving the scene without realizing that he or she caused a crash. After a hit-and-run no-contact crash, write down as much as you can remember about the at-fault driver’s vehicle, including partial license plate numbers. Then, call the police to report the accident. The police can investigate to try to identify the phantom driver. If the driver cannot be identified, your own auto insurance company may cover your losses if you have the correct type of first-party coverage.
A no-contact motorcycle accident claim can be difficult to deal with on your own. For more information about this type of crash, contact Koch & Brim, LLP to request a free consultation with a motorcycle accident lawyer in Las Vegas.