Some crashes occur for reasons other than one driver striking another. Many injuries happen due to “near miss” situations, such as a motorcyclist taking evasive action to avoid a crash. In these kinds of no-contact crashes, bikers may have trouble collecting compensation from an at fault driver.
Injury Liability After “Laying Down” a Bike
"Laying down" a motorcycle is a desperate maneuver used only as a last resort. It may allow the rider to avoid impact with an object, but it almost always results in injury to him or her. And since the rider wasn't actually struck by another driver, it can affect liability in his injury case.
In order to get compensation, a rider who lays down a bike has to prove that:
- An accident was unavoidable. Bikers usually only lay down a bike if there's no other option. A recreation of the scene of the crash can be used to show that the biker was paced in an impossible position, such as either being struck by an oncoming car or steering the bike off of the road.
- The other party was negligent. Just because a biker is injured doesn't necessarily mean a driver is to blame. The rider must show that he or she was acting responsibly and was forced to lay down the bike because of another party’s actions. A driver who was texting and drifted into the motorcyclist’s path or a municipality that allowed bushes to obstruct the view on a steep curve could be held liable for negligence.
- The other party was primarily at fault. A motorcyclist can be found partially at fault for an accident and still recover compensation. However, the other party must have a larger portion of blame than the biker, and the biker’s recovery will be reduced in proportion to the amount of fault he or she shares for the crash.
These kinds of accidents typically involve long and frustrating recoveries, significant medical expenses, and an inability to earn a living. If someone else’s negligence resulted in your suffering, we can help you collect the compensation you deserve. Simply fill out the form on this page today to schedule your free case evaluation with one of our experienced injury attorneys.