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Who’s Liable for a No-Contact Motorcycle Accident?

Legal Team

In no-contact accidents, there is no direct physical contact between the motorcycle and another vehicle. As a result, determining liability can be complex and requires careful examination of the circumstances and applicable traffic laws. 

Liability in No-Contact Motorcycle Accidents

In a no-contact accident, liability can still be attributed to a party, even if there was no physical contact with the motorcycle. This often occurs when another driver’s negligent actions lead to the motorcycle rider taking evasive maneuvers, resulting in a subsequent crash. Therefore, if a motorcyclist can locate or identify the at-fault driver, they can file a claim against their insurer or sue the driver personally for their losses. 

How To Prove Liability in a No-Contact Motorcycle Accident

Proving liability in a no-contact motorcycle accident can be challenging, but it’s not impossible. Here are steps and strategies that can help establish who is at fault:

Document the Scene

Take photographs or videos of the accident scene, including any skid marks, debris, traffic signs, and the positions of vehicles. This visual evidence can be crucial in reconstructing the events leading up to the accident.

Gather Witness Statements

If there were any eyewitnesses to the accident, obtain their contact information and statements. Their accounts can provide valuable objective testimony regarding what transpired.

Contact Law Enforcement

Report the accident to the police and ensure that an official report is filed. This report can be critical in establishing liability for an insurance claim. 

Seek Medical Attention

It is vital to get a medical evaluation as soon as possible after leaving the scene. Prompt medical attention establishes a link between the accident and any injuries sustained.

Document Injuries and Damages

Keep detailed records of all injuries, medical bills, and related expenses. This documentation helps establish the extent of your losses incurred due to the accident.

Maintain a Detailed Timeline

Create a chronological record of events leading up to, during, and after the accident.

Speak to an Attorney

Seek advice and representation from an experienced Albuquerque Motorcycle Accident Lawyer. They can provide guidance on the legal process, and help you gather critical evidence such as traffic camera footage, witness statements, expert testimony, and more. They will advocate for your rights and ensure you recover the compensation you deserve. 

What Happens if the Driver Doesn’t Stop?

If a driver doesn’t stop after a no-contact motorcycle accident, it can complicate the situation for both parties involved. The driver who leaves the scene without stopping or providing necessary information is committing a hit-and-run offense. This is a serious legal violation. If identified, the driver may face criminal charges, including fines, probation, and even imprisonment, depending on the severity of the collision. The driver may also still be held financially liable even if they flee the scene. However, if the police cannot find the at-fault driver, you may have to rely on your own insurer for coverage or pay out-of-pocket. 

Uninsured/Underinsured Motorist Coverage (UM/UIM)

UM/UIM is an optional form of motorist coverage, but if you carry it, you can file a claim with your insurer to pay for medical expenses and property damage. 

Collision Coverage

Collision coverage is another optional type of motorist coverage that provides financial protection for your motorcycle in the event of an accident, regardless of who was at fault. 

These are not part of New Mexico’s insurance requirements, which is limited to liability, so you should evaluate your own coverage before proceeding.

If you have been involved in a no-contact accident, it is critical to speak to a trusted Albuquerque Motorcycle Accident Lawyer as soon as possible. They can help you recover the compensation you are entitled to and deserve. 

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