A no-contact motorcycle accident is when a motorcyclist has to swerve to avoid an accident due to another driver’s negligence. Even though the motorcycle didn’t physically hit another vehicle, the biker can still hold accountable the driver who almost caused an accident.
Our motorcycle accident lawyers in Phoenix at Zanes Law explain what you need to know about no-contact motorcycle accidents. Read on to learn about no-contact motorcycle accidents and how we can help you if you’ve been in this type of accident.
If There’s No Accident, How Can You Identify the Liable Parties in a No-Contact Motorcycle Accident?
In this type of accident, the liable party is often called a phantom driver. This driver causes you, as the motorcyclist, to lay down your bike or swerve and injure yourself to avoid an accident.
The lack of an actual collision can make it difficult to identify the liable party. However, our team of Motorcycle accident attorneys in Phoenix are experienced with this type of accident. To determine who the phantom driver was, we will:
- Interview you extensively about the events leading up to your crash.
- Canvass the crash scene for eyewitnesses who may have seen dangerous driving by other motorists around the time of your accident.
- Obtain any emergency response audio and video, CCTV footage, or traffic cameras that could reveal vehicles in the vicinity when your crash occurred.
- Hire an accident reconstructionist to analyze the damage to your bike, evidence at the crash site, and details you provide to establish the most likely scenario that led to your accident.
- Conduct investigative research on typical traffic patterns on your route to help identify vehicles likely to have been nearby.
- Check records for prior insurance claims or other collisions reported near where you crashed in case the unsafe driver has a history.
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How Much Time do You Have to File a Personal Injury Claim in Arizona?
According to A.R.S. §12-542, you have two years from your injury to file a personal injury claim. Within this timeframe, you must file a court complaint to preserve your legal rights to compensation. Missing this deadline means you cannot pursue damages through a personal injury lawsuit.
The clock starts ticking on the day of your accident or when your injury is discovered. For example, if you suffered back injuries but were not diagnosed until six months later, the two-year period would begin on the date of diagnosis rather than the accident. You should consult with a motorcycle accident attorney as soon as possible to determine the exact date that triggered the statute of limitations for your unique circumstances.
Arizona law provides exceptions in some rare situations that stop the limitations period from expiring. For example, if your injuries hinder you, you may receive additional time beyond two years to file your claim once those conditions end. An experienced motorcycle accident attorney in Phoenix can advise if any exceptions apply in your case to provide more time for legal action if needed.
What Causes a No-Contact Motorcycle Accident in Phoenix?
Many actions that the phantom driver does can cause a no-contact motorcycle accident. Here are the most common ways these accidents happen:
- Changing lanes or merging without signaling
- Drifting out of their lane
- Braking suddenly without reason
- Turning without ensuring the way is clear
- Backing up or entering the roadway mindlessly
- Distracted by electronic devices
- Distracted by passengers or radio
- Impaired by alcohol or drugs and driving erratically
- Fatigued and not fully aware of their surroundings
- Rushing to make a turn or exit
- Driving aggressively and speeding
- Following too closely and not allowing room to maneuver
It isn’t uncommon for no-contact motorcycle crashes to occur in construction zones. If you must swerve out of the way in a construction zone, our accident lawyers can help you with your claim.
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Damages You Can Recover from a Phantom Driver After an Accident
The damages you’re eligible to recover vary when you’re forced to avoid an accident due to another driver’s negligence. For example, you may not be able to recover damages for property damages because another driver didn’t physically hit your bike.
Another damage our motorcycle accident lawyers in Phoenix might have a harder time recovering for you is pain and suffering. We understand how frightening it can be to avoid an accident and the trauma it can cause. However, insurance companies will likely be even more skeptical of giving you this damage.
Otherwise, you can still recover most economic and non-economic damages you would in a regular accident. Our Phoenix motorcycle accident lawyer can help you recover damages like:
- Medical expenses cover the cost of medications, physical therapy, surgeries, and emergency transportation.
- Lost wages to cover the paychecks you miss due to your inability to return to work.
- Loss of consortium to help you and your spouse cope with the loss of intimacy, support, and affection due to your injury.
- Loss of enjoyment of life to account for your inability to participate in hobbies and activities you enjoyed before your accident.
Even though it will be harder to recover damages, especially pain and suffering and property damage, our team at Zanes Law is ready to work hard to fight for all the damages you’re eligible for.
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Learn More About How We Can Help After a Phantom Driver Hits You
At Zanes Law, our team of Phoenix motorcycle accident lawyers is here to help you build a strong case after you suffer injuries in a no-contact motorcycle accident. We’ll be there for you from the beginning of your case until you get your settlement.
Contact us to learn more about no-contact motorcycle accidents.