USA- Nolo.com writes that just because a driver does not actually crash into a motorcyclist, does not mean that the motorist is not at fault for causing a crash.
Drivers may cut into the path of a motorcycle for a number of reasons. In many cases, a person operating a car may fail to notice a motorcycle because it is smaller or falls into the car’s blind spot. In those situations, motorcyclists may find themselves without any good options. In an attempt to prevent an all-out collision, the biker may lay their bike down or have to choose between a crash with a car and one with something else. The decision will have to be made in a split second.
In these cases, the driver, while he or she may not have made contact with the bike, can still be found liable for causing the crash and the motorcyclist’s injuries.
In such incidents, the driver will be judged based on whether he or she was negligent. A person who did not behave reasonably, or as someone reasonable would in the same set of circumstances, will be considered legally negligent.
Driving requires caution and attention to a person’s surroundings. Motorcyclists have as much of a right to the road as cars do, and motorists are obligated to keep an eye out for them, as well as for cyclists, pedestrians or others who may be nearby.
One example of a no-contact motorcycle crash where a driver would still be liable is if a driver made a left turn and cut into the bath of the motorcycle. If the motorcycle was traveling straight through the intersection, and the driver did not have a green turn arrow, then the motorcycle had the right of way. If swerving or laying down the motorcycle leads to a crash and injuries, the driver could be found liable for negligently cutting into the right-of-way of the biker.
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