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Regardless of the type of personal injury case, one of the primary questions that accident victims have is, "Who can be held responsible for my damages?" The answer to that question is of particular importance to those who have been involved in accidents that did not involve actual physical contact with another vehicle. Many Fort Myers personal injury attorneys will tell you that such accidents often occur with motorcyclists.

In cases that involve actual contact between an automobile and a motorcycle, the answer to the liability question may be pretty straightforward: If the driver of the automobile was negligent when he or she hit the motorcyclist, that individual will likely be found liable for damages. But in cases where there was no contact between the parties, the answer might not be as clear cut.

What is a No-Contact Motorcycle Accident?

There are a number of scenarios that could lead to a no-contact accident for individuals who ride motorcycles on Florida roadways. For instance, let's say that you are out riding your motorcycle one day, and you, as a safe rider, are adhering to all the rules and laws of the road. While riding, you see an automobile that is coming toward you on the opposite side of the road start to swerve into the lane in which you are riding. What do you do? You swerve out of the way in order to avoid crashing with the automobile, but you end up crashing on the side of the road. 

Can you, as the injured party, seek compensation from the automobile driver who swerved into your lane? Many Fort Myers personal injury attorneys would probably say that the motorcyclist would be entitled to seek compensation for any injuries incurred due to an accident of that nature, but a thorough investigation would need to be conducted.

Proving Your Case

Personal injury attorney Randall Spivey stresses the seriousness of motorcycle accidents, and knows that quite often, many accidents can be avoided if automobile drivers simply used more caution when sharing the roadways with motorcyclists and other vehicles. Unfortunately, not all drivers of vehicles are careful drivers; therefore, it is crucial that such drivers be held accountable for their actions and/or inactions that cause accidents.

In order for a motorcyclist to prove that an automobile driver was responsible for causing his or her injuries in a no-contact accident, the motorcyclist will need to prove that the driver was negligent. For example, with respect to the scenario mentioned above, an important question would need to be answered: "Did the automobile driver act as a reasonable person would at the time he or she swerved into your lane?" In general, reasonable people who operate motor vehicles are required and expected to abide by all traffic laws and pay close attention to the road while operating their vehicles. If it can be shown that a reasonable person would have acted differently in the same situation, that driver might be deemed negligent.

When it comes to motorcycle accidents, determining fault will depend greatly on the specific facts of the case. That said, if you or someone you love has been involved in a no-contact motorcycle accident, contact Randall Spivey, your Fort Myers personal injury attorney at The Spivey Law Firm, Personal Injury Attorneys, PA today to discuss the case.