How To Prove Fault in a San Diego No-Contact Motorcycle Accident

It’s an unfortunate fact that motorcyclists experience both injury-causing and fatal accidents at a dramatically higher rate than drivers of cars. Although efforts to improve motorcycle safety and awareness continue, tens of thousands of people experience serious accidents on their bikes every year. However, not every incident involves a car physically striking a motorcyclist and his or her vehicle.

So-called “phantom” crashes occur when a motorcyclist must maneuver severely to avoid a much more serious collision. For example, a driver may merge into a biker’s lane without warning, causing them to swerve out of the way, lose control, and wreck. How can you prove that another driver was at fault if there was no physical collision? There are several steps you should take as soon as possible. 

Call Police Immediately After the Accident

As soon as you’ve determined that you are okay, call the authorities. If you have been hurt or have lost your cell phone in the accident, ask anyone nearby to call 911 for help — especially if the other driver does not stay on the scene. Wait for the police to arrive and give your account of the accident, being as detailed as possible. Avoid confrontations with the car driver and do not make a statement that could be construed as placing yourself at fault. The police report will be very important in proving fault later.

Gather Evidence

Note the license plate number of the vehicle involved in the accident if possible. Some motorcyclists choose to use specialized dash camera installations or use a helmet-mounted camera to take a video of all their rides to provide a visual record should another drive negatively impact them. Although they can require an investment to get started, using such systems can provide you with invaluable evidence, and clear proof of another’s driver fault.

Seek Statements From Nearby Witnesses

If there are any eyewitnesses to the accident who remained on the scene, gather their contact information to provide to a motorcycle accident attorney in the future. Check with any nearby businesses to see if anyone inside saw the accident occur and can attest that the other driver’s actions caused you to lose control. These statements can provide additional weight to other evidence such as the police report and be very important in showing that the driver at fault violated the rules of the road in a way that caused your accident.

What Happens if the Other Driver Flees the Scene?

Hit and run accidents are one of the biggest challenging types of no-contact accidents. In some cases, a driver may not even realize that they caused you to wreck. In others, a panicked driver may deliberately flee. In these cases, do not chase after the individual and potentially spark a road rage incident. As before, call the police immediately and leave the detective work to the detectives. If you have the license plate number, locating the driver won’t take long.

Rely on an Experienced Legal Professional To Build Your Case

While you focus on your recovery, leave your case in the hands of a legal team with in-depth experience of motorcycle accidents. The complexities of no-contact accidents make them a challenge. Instead of shouldering that stress yourself, take the facts of your case and the evidence you’ve gathered and contact a trusted local legal team such as HHJ Trial Attorneys. Together, you and your lawyer can prove fault and seek the compensation you deserve for the incident.

Related resources: How To File a Successful Motorcycle Accident Claim

Testimonial from Rachel, a car accident victim in California

I am extremely grateful to have worked with Adam Hepburn after I was seriously injured in a car accident. As my physical injury attorney, Adam took care of everything for me so I could focus on my recovery and getting back to work. He was able to get the best settlement I could receive, negotiate down my medical bills, and resolve my case in a timely manner. Because of his help I have been able to move forward after my accident.

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