Far too often do motorcyclists get blamed for crashes they are involved in. There are thousands of accidents involving motorcycles every year, and it seems as if the individuals driving the motorcycles are always to blame. This is due to the wild and reckless stigma that surrounds motorcyclists and is often untrue. When a motorcycle collides with a van, truck, car, or any other motor vehicle there is usually enough evidence to prove who is at fault. With the many festivals and events surrounding the motorcycle community in Myrtle Beach, there are bound to be accidents, and it is not always the motorcyclist's fault.
It’s unfortunate, but due to the stigma surrounding motorcyclists, many do not receive the full amount of compensation they deserve as many insurance companies and courts unjustly place partial blame on the driver of the motorcycle. Unfortunately, in no-contact motorcycle accidents, the stigma behind motorcyclists often wins and the blame is unfairly placed on the driver of the motorcycle. That is why Myrtle beach motorcycle accident lawyers are here to protect the rights of motorcyclists. They understand that not everyone who drives a motorcycle does so in a brash and reckless manner, therefore, they want to fight for the rights of a motorcyclist who has been in a no-contact crash. If they are not at fault, they deserve compensation for damages.
What Is A No-Contact Motorcycle Accident?
The name explains itself. These types of accidents occur when the vehicles involved don’t actually touch each other. Another name for these types of accidents is “Phantom Driver accidents”. There are a myriad of variables that can cause a no-contact motorcycle accident. We often see no contact motorcycle accidents occur when the driver of a passenger vehicle cuts off a motorcyclist, resulting in them having to swerve or maneuver to avoid hitting the car that cut them off. Many times this will result in the motorcyclist crashing or falling off their bike. This is considered a no-contact accident.
No contact accidents can happen to any type of vehicle, but it is most often seen with motorcycles. This is because drivers often:
-
Fail to look properly when changing lanes
-
Drive under the influence
-
Drive distracted
-
Drive recklessly by speeding or swerving between lanes
-
Fail to stop at red lights
-
Fail to use their blinker
Even if there isn’t a collision, negligent drivers can be held responsible for causing crashes involving motorcyclists.
Determining Fault in a No-Contact Motorcycle Accident
The best way to determine who is at fault in a no-contact motorcycle accident is to imagine or set up a scenario where the two vehicles did come into contact. The same factors used in determining fault for motor vehicle crashes are the same factors used to determine fault in no-contact accidents. When examining these types of crashes closely, fault can be determined. No-contact motorcycle accidents are unique, but that does not change how liability is established. Every driver on the road, no matter what they are driving, has a duty to drive reasonably and responsibly. If a driver does something irresponsible or reckless, and that causes the motorcyclist to lay their bike down or crash, the at-fault driver can still be held responsible.
South Carolina is a state where the fault can be split between the parties involved in the crash. Far too often are motorcyclists assigned fault in accidents, when they truly did nothing to cause the accident. This is where an experienced Myrtle Beach motorcycle accident lawyer comes in handy. They will not let the stigmas surrounding motorcyclists get in the way of receiving fair and full compensation.
In many cases, the driver of the vehicle that caused the accident either does not know they caused the accident, or they flee the scene to avoid being held responsible. It complicates the investigation of how and who will pay for damages when a driver leaves a no-contact accident without swapping information with the driver of the motorcycle. We know it can be difficult, but we recommend trying to get as much information on the vehicle as possible to report to the police such as:
-
Make and model of the vehicle
-
Color of the vehicle
-
License plate number
-
Identifiable features such as scratches, bumper stickers, etc.
-
Which direction the vehicle was headed when they left the scene
If a motorcyclist has been in a no-contact accident we recommend calling the police immediately to relay the information about the vehicle that left and to document the accident. If they are identified, then they can be held liable for any damages including repair or replacement of the bike, and compensation for any injuries sustained.
If the other driver cannot be identified then the motorcyclist will have to turn to their own uninsured driver coverage. If anyone stops to help it is important to ask them if they saw anything, record details, and their contact information. Even if the driver is not caught, they can provide testimony that the motorcyclist did not cause the accident.
How A Myrtle Beach Motorcycle Accident Attorney Can Help
If you or a loved one were injured or wrongfully killed in a no-contact motorcycle accident, there are likely medical bills piling up, lost wages, and pain and suffering. A victim of a no-contact motorcycle accident in Myrtle Beach may have the right to request compensation for these damages. These cases can be challenging, and that is why an experienced motorcycle accident attorney is necessary to receive the compensation you deserve, understand your rights, and help you build your case. They will not let stigmas or adverse views on motorcycle riders get in the way of obtaining the compensation and justice you deserve.
