Motorcycle accidents involve a lot of factors that make them much more dangerous than regular vehicle accidents. All riders must have a special set of skills and the ability to stay aware at all times.
Unfortunately for the motorcycle rider, they're much more exposed to other people on the road. Many "unique" accidents can happen. One of these accidents, for example, is the no-contact motorcycle accident or "phantom collision."
Dealing with an insurance company due to an accident of this nature can be much more complicated compared to other events. However, this doesn't mean that the victim doesn't deserve justice for what happened.
This page covers everything to know about the no-contact motorcycle crash, what can cause it, and how the victim can file an insurance claim or personal injury lawsuit to get justice for what happened.
What's a No-Contact Motorcycle Accident?
A no-contact motorcycle accident happens when a careless driver makes a sudden movement while on the road, causing a motorcycle rider to lay the bike down or crash somewhere else to avoid colliding with a car.
It may seem like no-contact accidents are hard to prove since there was "technically" not a collision between the at-fault driver and the motorcycle rider. However, it's possible to determine liability with the right pieces of evidence and legal help.
How Frequent Are No-Contact Motorcycle Accidents?
Even though there's not an exact number of no-contact motorcycle accidents in Texas, it's important to consider a report that mentioned about 82,520 motorcyclists in the U.S. who were injured in 2020.
Motorcycle accidents are already too common throughout the country, and there's no doubt that some of them are due to no-contact events. It's impossible to predict how others will behave on the road, so even if the motorcycle rider is behaving safely, there's no guarantee that everyone around will do the same.
What Can Cause a No-Contact Motorcycle Accident?
Due to the nature of the no-contact accident, there are many circumstances where it can happen. Usually, these events involve a "phantom driver," which is the one responsible for making the rider of the motorcycle crash somewhere else.
The thing about "phantom drivers" is that they often don't notice that they caused an accident, so they will keep driving. This makes it much more difficult to file a claim later.
With that being said, here's a list of common causes of no-contact motorcycle accidents:
Not checking blind spots
Not yielding the right of way
Making unsafe lane changes
Driving while distracted
Driving under the influence
Reckless driving
Speeding
Mechanical failures in the vehicle
How Does a Motorcycle Accident Attorney Determine Liability in Those Cases?
This is the toughest part of the process. Due to the nature of these accidents, it may be impossible to determine who is at fault sometimes.
Most phantom drivers will leave the scene of the accident, whether because they didn't notice it or they want to flee. In Texas, a hit-and-run is illegal, meaning that all drivers must stop their vehicle if they hit someone or something. They must also aid the injured people, exchange insurance/contact information, and call the police, among other things.
If the victim can identify the phantom driver, they may have a better shot of getting compensated. Texas is an at-fault state, meaning that the phantom driver is responsible for paying any damages to the victim.
After identifying the driver, all the victim must do is file an insurance claim against the other person's insurance company and negotiate.
On the other hand, if the victim can't identify the phantom driver, they may consider other alternatives. Motorcyclists with uninsured/underinsured motorist coverage may get money to cover some of their expenses. If not, they may have to explore other options with a lawyer.
Can Victims Seek Compensation for a No-Contact Accident?
Victims can and should seek compensation for no-contact accidents, even if determining liability seems hard. Settlement money can help the victim cover their medical bills, lost wages/future lost income, pain and suffering, and even property damage.
Of course, some people may be discouraged from filing a claim if they can't identify the phantom driver on their own, but this is where a professional lawyer comes in.
Experienced motorcycle accident lawyers in Dallas can help the victim build a great case with all the evidence necessary to get justice. Depending on the case, the lawyer could help the victim evaluate other compensation options if identifying the culprit isn't possible.
What Should Victims Do After Getting in No-Contact Accidents?
It's essential to be smart after a no-contact accident. Acting fast could give the victim enough tools and evidence to fight for their rights with a lawyer. Some common steps victims should take involve:
Seek medical attention for everyone who got injured.
Gather evidence.
Talk to witnesses.
Identify the phantom driver and get their contact information.
File a police report.
Talk to the insurance provider.
Hire a personal injury lawyer.
Bottom Line
Most motorcycle accidents happen because of not obeying traffic laws or driving recklessly. Unfortunately for most, it can be hard to tackle a no-contact motorcycle accident, especially if it's complicated to identify the at-fault party.
Even if it may not seem like it, it may be possible to bring the at-fault driver to justice. All it takes is the help of a legal professional who can negotiate with the insurance provider, build a solid case, and come up with a bullet-proof strategy to ensure maximum compensation.
At Schuerger Shunnarah Trial Attorneys, legal experts go to war for their clients. Its team has former insurance workers on their side, meaning they know all the tricks these companies use to get lower settlements for victims. They can also answer questions such as is lane splitting legal in Texas?
By using this information to help the victim, they may be able to negotiate with their own insurance company (or the at-fault party's) and get the compensation they deserve. Those interested in getting help from an experienced attorney can seek a free consultation with this law firm today.