If a motorcyclist swerves to keep from hitting a car and ends up in a crash, then the car driver could be held responsible. This is true even if the car never made impact with the motorcycle. If a motorcyclist can demonstrate that the other driver was negligent, then that driver could be on the hook for the motorcyclist's medical treatment, vehicle repair, and perhaps more.

What these types of cases have in common with all other accidents is that the crux of the injury claim will be whether or not someone was negligent. After all, it is possible for no one to be at fault, such as in bad weather. Or someone other than a driver can be at fault if a city is responsible for keeping bad roads open or if an auto manufacturer made a defective car or motorcycle part. In whatever form it takes, negligence is something that no reasonable person would have done in those circumstances. Another way of looking at negligence is that it means someone has breached their duty of care.

What does it look like to have a motorist fail in their duty of care? A responsible and reasonable driver will follow the laws of traffic; it is obvious that a driver was negligent if they caused a crash by running through a red light. A driver also has the duty to be alert to the presence of other cars and vehicles, to be aware of pedestrians, traffic signs, and more. So if a driver does not make the appropriate action to avoid others on the road, either by failing to see them or by failing to get out of the way, they were probably negligent.

To get to specifics, in what type of scenario could a car driver be responsible for a "no contact" crash with a motorcyclist? We could take the instance of a motorcycle and car going down the same two-lane street, each vehicle getting its own lane. Now if the car is just a little bit in front of the motorcycle, and the driver makes a sudden lane change, giving no heads up or even a turn signal to the motorcyclist, the motorcyclist could be forced to veer out of the way, getting into an accident. Even though the car did not clip the motorcycle, the car driver was responsible for the crash. They did not see the motorcycle or use a turn signal.

Now as a different illustration, if a motorcycle and car are in the same lane, and the car decelerates in front of the motorcycle, the motorcycle rider might not realize this. If taken entirely by surprise, the motorcyclist may have to swerve away or lay down the bike to keep from hitting the car. Even though there was no impact, this would be treated much the same as a rear-end accident. In these collisions, the motorist who is behind the other is entirely at fault for not paying proper attention and not slowing or stopping in time. Unfortunately for the motorcyclist, the car driver would not be liable for this accident.

Of course, in many accidents, more than one person is at fault. But these cases illustrate how even though there may have been no actual collision, the rules of liability are the same as in any other vehicle accident. If you were in an accident caused by another driver or operator's negligence, then you could be entitled to compensation to cover your medical bills, vehicle repair, lost income and more. Learn how much your claim could be worth when you contact a skilled car accident attorney on our directory today!