GET YOUR FREE CONSULTATION

Determining Negligence in No Contact Motorcycle Accidents

Frank • March 26, 2015

Motorcycle Accident Prone Area — Roseville, CA — Frank Penney Injury Lawyers

Read the blog from Frank Penney Injury Lawyers in Roseville, CA below.

Not every motorcycle accident is a contact crash. An automobile driver can be liable for a motorcyclist’s injuries and property damage even when they have not physically touched the motorcycle rider. The question is whether the driver was negligent.

Determining Negligence

Negligence is failing to exercise reasonable care. If a reasonable person would have behaved a certain way, failure to do so is considered negligence. Conversely, if the person would not have behaved a certain way, behaving in such a manner can also be considered negligent.

The four elements of negligence are:

Duty: The average reasonable person owes other people the duty of due care.
Breach: When the average reasonable person fails to exercise due care, they are said to have breached that duty.
Causation: The breach must be the actual and proximate cause of damage.
Damage: There must actually be damages to the party to whom a duty was owed.

Examples of No Contact Motorcycle Accidents

WHEN THE RIDER IS PARALLEL WITH THE DRIVER

A car and a motorcycle are both traveling parallel to each other, obeying all safety and traffic rules. Suddenly, the car driver changes lanes moving in front of the motorcycle. This causes the motorcycle rider to brake forcefully, flip over his handlebars landing in the road, and causing injury.

In this situation, the car driver is negligent because they switched lanes suddenly and without warning. Had the car driver been aware of his surroundings, they would have noticed the motorcycle and not cut in front of it.

Applying the factors above, the driver owed the motorcycle rider a duty to exercise reasonable care while driving. When the driver suddenly moved lanes in front of the motorcycle, he breached his duty. This breach was the cause of the motorcycle rider’s damages which, in this case, would likely be personal injury and some property damage at a minimum.

WHEN THE RIDER IS BEHIND THE DRIVER

Another example is a car traveling with a motorcycle rider behind them. Distracted by radio or text messages, the car driver fails to notice that traffic ahead was slowing to a stop. Suddenly the car driver slams on the brakes to avoid hitting the car in front. When the motorcycle rider sees the sudden brake lights, he must veer off the road into a ditch, causing significant injury.

In this case, the car driver owed the rider a duty of reasonable care. But the motorcycle rider also had a duty to be aware of his surroundings. This is a situation in which both parties can be equally responsible for the damages that occurred; however, from a liability standpoint, the motorcycle rider should have been more observant in order to see the car slowing ahead.

You can see that a “no contact” motorcycle accident may still give rise to liability just like any other kind of car accident. The determining factor is not whether there was a collision but whether either party (or both) was negligent. If a negligent driver causes a “no contact” accident, whether they are the vehicle driver or the motorcycle rider does not matter.

If a negligent driver caused damages to you as a motorcycle rider, whether or not there was a collision, you should contact a reputable motorcycle accident lawyer with experience determining negligence in no-contact accidents.

< Older Post

Newer Post >

No Fee Guarantee!

Our legal team understands that life can be very stressful after an accident of any type. The financial costs of your accident can add to that stress. When you are asking for help, this should make your life easier – not more difficult. That is why you do not have to worry about any upfront legal fees and expenses when you hire Frank Penney Injury Lawyers to handle your California personal injury case.

At Frank Penney Injury Lawyers, Frank Penney and his staff work on a contingency basis. This means you only have to pay a fee if you win your case. We will never charge a fee unless we obtain a settlement on your behalf. No win. No fee. Case closed.

This means there is no risk in asking Frank Penney Injury Lawyers for help. You get to benefit from Frank Penney’s years of experience, knowledge, and success without needing to stress about the cost. Call today to set up a free initial case assessment or to learn more.

When I first contacted the Law Offices of Frank D. Penney after my accident, I was frustrated with car insurance companies, and medical insurance companies; after all, I was in pain. He and his staff put me at ease instantly! It was such a relief to have someone working on MY BEHALF! They were able to settle my case for more than I initially thought it was worth. THANKS AGAIN!!!

- KRISTA H.

Why Choose Us?

If You Don’t Win, You Don’t Pay
Free Case Evaluations
Over 25 Years of Experience

Compassionate and Caring
Highly Rated Reviews
Proven Track Record

24/7 Availability
Quick Response Time
And More

Our Recent Blog Posts

Deadly Hit-and-Run in Sacramento: DUI Suspected in Fatal Crash

By Frank Penney • February 20, 2025

A tragic hit-and-run crash in Sacramento left a woman dead Wednesday night, and police believe intoxication played a role in the accident. Officers with the Sacramento Police Department responded to the scene on North B Street near Dos Rios Street just before 8 p.m., where they found the woman had died from her injuries. Not long after the crash, an officer spotted a truck matching the suspect vehicle’s description and conducted a traffic stop at Fifth and I streets. The driver was detained as part of the investigation. By Thursday, authorities confirmed the arrest of 62-year-old Steve Read of Sacramento. He now faces felony charges for hit-and-run resulting in death and driving under the influence. Police are urging drivers to avoid the area and find alternate routes as the investigation continues. Experience unparalleled legal representation with Frank Penney Injury Law, the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

Driver in Critical Condition After Driving Off Overpass in Sacramento, California

By Frank Penney • February 20, 2025

A vehicle plunged off an overpass onto Interstate 5 in Sacramento’s Natomas area on Monday afternoon, leaving the driver in critical condition. The California Highway Patrol responded to the scene around 12:52 p.m., near the offramp for West El Camino Avenue. The crash occurred while Kyman Jeung was driving northbound on I-5, heading home. He said the incident unfolded in what felt like slow motion, with the vehicle and debris falling onto the freeway just seconds ahead of him. Jeung had little time to react as he quickly maneuvered through the debris, including tree parts scattered across the road. Hours after the crash, locals noticed remnants of debris still on the overpass and in nearby tree branches. Sacramento Police confirmed the driver who fell from the overpass was the only person taken to the hospital. West El Camino Avenue was closed temporarily between Gateway Oaks Drive and Azevedo Drive while emergency crews worked at the scene. The road fully reopened around 3:15 p.m. Thankfully, no other drivers were injured, though Jeung expressed how fortunate he and others were that the vehicle didn’t land on them. Experience unparalleled legal representation with Frank Penney Injury Law , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

Fatal Crash in Carmichael, California After Driver Runs Red Light

By Frank Penney • February 19, 2025

A man was killed on Saturday in Carmichael after running a red light and colliding with another vehicle. According to the California Highway Patrol, the accident occurred around 3:30 p.m. at the intersection of Manzanita Avenue and Madison Avenue. The driver, a man in his 30s, was behind the wheel of a sedan when he failed to stop at the red light. The sedan then collided with a van driven by a man in his 20s. On Sunday, the Sacramento County Coroner's Office identified the driver of the sedan as 37-year-old Masoud Esmailpour of Carmichael. The van driver was treated for minor injuries after being taken to the hospital. Experience unparalleled legal representation with Frank Penney Injury Lawy , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

24/7 Availability – Reach Us by Phone, Email, Chat and More!

If you are involved in any type of personal injury due to the fault of someone else, our experienced team at Frank Penney Injury Lawyers in Roseville, CA can help. We are available to anyone in Northern California 24/7! Give us a call today to learn more at 888-888-0566. We will fight for your rights!