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Motorcycle “no collision” negligence claims

On Behalf of | Jul 27, 2018 | Car accidents

The legal team at Cromartie Law understands that motorcycle accidents in Georgia happen for many of the same reasons that car and truck accidents occur. However, without the safety features of an enclosed vehicle such as airbags, seat belts and a durable metal frame, the crash impact can be devastating for the rider. If you have been in a “no collision” accident, the driver of a car or truck can be held liable for any injuries you incurred.

According to Findlaw, the motor vehicle statutes of “fault” are the basis for identifying the responsible party in an accident. While many of the statutes are versions of common law, others result from legislation. Negligence, as defined by common law, is codified and the basis for claims in motor vehicle accidents.

Negligence is an inadvertent or careless action that results in damage. Establishing fault when a driver engages in reckless misconduct is rarely questioned. Determining negligence in no collision accidents can be more complicated. The failure to exercise reasonable care must be proven using the four elements of negligence.

For example, the driver of a vehicle and a motorcyclist are driving parallel to each other and the car suddenly changes lanes cutting in front of the motorcycle. The motorcyclist must act quickly to prevent a collision. Swerving suddenly at high speeds can result in veering into a ditch, which can cause serious injury. Forcefully applying the brakes may cause the rider to flip over the handlebars, landing in the road. Broken bones, spinal injury and head trauma are likely.

Taking a motorcycle accident to court in a no collision negligence claim can be challenging. Many jurists are not riders and must learn how it adversely affects a motorcyclist’s right to use the road. Visit our webpage for more information about this topic.

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