Not all motorcycle accidents are a contact crash as such. An auto driver can be legally responsible for the injuries of a motorcyclist and property damage resulting from it even when he or she has not come into contact with the motorcycle rider. The question, in this scenario, is whether the automobile driver was negligent.
Negligence in this legal context is failing to adhere to a duty of care. It refers to an obligation enforced on the person necessitating adherence to reasonable care while doing something that could harm others. This could actually be failing to behave in a certain way or behaving in such a way that equals to the contrary by a reasonable person.
The four elements of negligence are:
- The Duty of Care: The average reasonable individual owes others this duty.
- Breach of Duty: When the person fails to exercise it, he or she is said to have violated the duty.
- Causation: The breach as such has to be the proximate and actual cause of damage.
- Damage:There have to be damages to the person to whom such kind of duty was owed.
Let us expand on these matters with an example.
When the Motorcycle Rider is Parallel with the Auto Driver
Assume that a motorcycle and car are traveling parallel to one another, obeying traffic and safety rules. The car’s driver changes lanes all of a sudden moving in front of the motorcycle rider. This then causes the rider to forcefully brake, flip over his or her handlebars, and land on the road, and in turn, get injured.
In this scenario, the driver of the car is negligent since the person switched lanes all of a sudden and with no warning. Had the driver of the car been aware of his or her surroundings, the driver would have seen the motorcycle, and thereby, avoided cutting in front of it.
Applying the above-mentioned elements, the driver of the car owed a duty to motorcycle rider to exercise reasonable care. When he or she suddenly switched lanes in front of it, the driver breached this duty. It was the reason behind the rider’s damages, which would likely be property damage and personal injury related ones at a minimum.
No matter whether there was a collision or not, if a negligent car driver caused you damages, you have to contact an experienced motorcycle accident attorney who is known for determining it in “no-contact” cases. That way, you can rest assured that you will get the right compensation for the losses incurred.