Can I Sue After a No-Contact Motorcycle Accident?
You can sue after a no-contact motorcycle accident. A vehicle does not have to strike your motorcycle physically to be liable for the crash. A Las Vegas no-contact motorcycle accident occurs when one vehicle causes another to crash, but without actually contacting that vehicle. Motorcycles are especially prone to these types of accidents, but proving the other vehicle is responsible when they did not contact your bike can be complex.
You must prove the driver was acting negligently and that your actions did not contribute to the accident or that you were not the one acting negligently on the road. Fortunately, our Nevada personal injury lawyer can help you prove liability if you file a lawsuit against the negligent driver. We will also represent you in court to ensure your rights are protected throughout the lawsuit process.
Causes of No-Contact Motorcycle Accidents Lead to Lawsuits
People in a no-contact motorcycle accident may wonder if they can sue for damages. The answer is that it depends on the circumstances of the accident and whether someone was at fault.
No-contact motorcycle accidents can happen in several ways, such as:
- A driver pulls out from behind another vehicle and does not see a motorcyclist until it is too late
- A driver turns left in front of a motorcyclist who has the right-of-way
- A driver fails to signal their intent to turn or change lanes
- A car changes lanes without using its turn signal or signaling appropriately
- Failure to yield the right-of-way or failure to negotiate an intersection safely
These scenarios can lead to serious injuries for the motorcyclist who loses control and falls off the bike. It’s important for the victim to understand their legal rights and when they should consider hiring an attorney.
When Do No-Contact Motorcycle Accidents Lead to Lawsuits?
No-contact motorcycle accidents can lead to lawsuits. When they happen under the following scenarios, they may lead to a personal injury lawsuit against the liable parties.
- Failure to signal: Failure to signal properly can lead to an accident as it makes it difficult for other drivers on the road to predict your actions.
- Distracted driving: Distracted driving is another common cause of no-contact motorcycle accidents.
- Failure to yield the right-of-way: Failure to yield right-of-way is another common cause of no-contact motorcycle accidents, as well as many other types of accidents involving motor vehicles on busy roads or highways.
- Speed: Speed limits are set according to weather conditions, traffic density, and road conditions, among others. Failure to obey speed limits may cause such accidents.
- Driving under the influence (DUI): Driving while under the influence of drugs or alcohol impairs clear judgment, which may cause accidents.
If you were involved in an accident under such scenarios, you may be entitled to damages. Under such circumstances, you may file a lawsuit against the liable party for negligence and wrongful death.
Negligence is when someone blatantly disregards the safety of others. This is based on the reasonable actions of others in similar situations. For example, a driver was talking on their phone and did not see you on your motorcycle. To avoid a collision, you had to swerve, which caused an accident. Because the driver of the other vehicle was talking on their phone and not paying attention to the road, they were acting negligently. In such cases, it becomes the negligent driver’s responsibility to pay the damages. Our Las Vegas personal injury lawyer will help prove negligence on the part of the at-fault party/parties.
The Driver’s Responsibility
All drivers must follow the rules of the road when operating a motor vehicle in Nevada. If they break the law, they are acting negligently. Drivers must also be on the lookout for objects on the road as well as motorcycles. If a driver fails to notice these things or responds to them appropriately when they are noticed, they are likely to be found negligent, and therefore, they are responsible for your injuries or property damage.
Witnesses Are Key in No-Contact Motorcycle Accident Cases
In these types of accidents, a corroborating witness is important. It often comes down to your word against the other driver’s. Proving that the driver was negligent or caused your no-contact accident can be challenging because there may be limited evidence. A witness, however, could help establish the other driver’s actions. For example, if the driver who was talking on the cell phone had passengers who also stated she was on the phone rather than paying attention to the road, this would help prove she was negligent and caused your no-contact motorcycle crash.
Identifying the Other Driver
Often in a Las Vegas no contact motorcycle accident, the other driver may not realize they caused an accident; therefore, they may not stop. Unless you get identifying information about that driver, you may not be able to hold them liable for your injuries. In these situations, it would be treated as a hit and run until the driver could be found – but that also means that your own insurance company will have to pick up the tab on the damages until the liable party is located. In this case, an attorney can help you file a claim with your insurer.
How Long Do I Have to Sue for a No-Contact Motorcycle Accident?
If you’ve been injured in a motorcycle accident, you must file a lawsuit within two years of the date of the accident, per NRS § 11.190. If you miss this deadline, you will lose your right to sue and cannot submit your case to the court system for personal injury and wrongful death.
Some lawsuits are not resolved until they go through the court system. If your case goes to trial, it’s important to remember that Nevada has an “open discovery” rule that allows both sides access to all evidence at any time during the discovery process. Information about witnesses or evidence can be disclosed at any point, even if neither party previously knew about it.
Plaintiffs in personal injury cases must exercise caution when communicating with third parties about the details of their claim until after they’ve filed suit against their insurance company or another party liable for their injuries. Our attorney can help guide you through this process and ensure your rights are protected.
Speak with an Attorney at De Castroverde Accident & Injury Lawyers
If you have been injured in a no-contact motorcycle accident, you can reach out to our Las Vegas personal injury attorney. This is because you can sue after a non-contact motorcycle accident. These types of cases are extremely complex and will require the assistance of someone who understands the law as well as hit and run accidents. De Castroverde Accident & Injury Lawyers can help. Schedule a consultation or fill out an online contact form with your legal questions.