Who Can You Sue After a No-Contact Motorcycle Accident in Oregon?

When riders lose control or crash while avoiding dangerous situations, they might suffer injuries. According to the National Highway Traffic Safety Administration, there were 2,495 fatal two-vehicle crashes involving a motorcycle in 2019. But who bears legal responsibility when the other driver didn’t actually hit you?

The answer depends on several factors. At Johnston Law Firm, we have years of experience with motorcycle crashes and can help you with your case. Let’s take a look at how to navigate a no-contact motorcycle crash in Oregon.

What Is a No-Contact Motorcycle Accident?

A no-contact motorcycle accident happens when another vehicle’s actions force you to crash without any physical contact. According to Oregon law, drivers can be held liable for no-contact accidents. This provides important protection for injured motorcyclists.

Common scenarios that lead to these accidents include:

• Drivers who suddenly cut into your lane without checking their blind spots
• Vehicles that run red lights or stop signs, forcing you to take evasive action
• Cars that drift into your path while texting or otherwise distracted
• Drivers who fail to yield the right-of-way when merging or turning
• Vehicles that force you off the road through aggressive or reckless behavior

Who Can You Hold Responsible for Your Crash?

Several parties might be legally responsible when you are forced off the road or crash without contact. Identifying all parties who might be responsible requires a thorough investigation. Experienced personal injury lawyers can use their knowledge of Oregon traffic laws to build your case.

Suing the driver who caused the accident

The most obvious defendant in a no-contact motorcycle accident is the driver whose negligent actions forced you to crash. This could be anyone who created a hazard that left you no choice but to take evasive action.

Proving liability against the at-fault driver requires proving several key elements:

• The driver had a legal obligation to operate his or her vehicle safely around you
• The driver violated traffic laws or drove negligently in a way that endangered others
• The driver’s negligent actions directly forced you to crash or lose control
• You suffered actual injuries and losses as a result of the accident
• A reasonable person would have known his or her actions could cause an accident

Suing trucking companies and their drivers

When commercial vehicles cause no-contact motorcycle accidents, several parties could be to blame. Employers are usually responsible for their employees’ actions during work hours. When trucking companies cut corners, their own records often prove it. 

Important documents that can support your case include:

• Driver training records that show inadequate safety preparation
• Vehicle maintenance logs that reveal skipped or delayed repairs
• Hours of service records that prove drivers worked beyond legal limits
• Safety violation history that shows patterns of dangerous behavior
• Insurance policies that provide substantial coverage for accident claims

Suing cities and state agencies for road problems

Sometimes, no-contact motorcycle accidents result from dangerous road conditions. Government entities might share liability when certain poor conditions cause your accident.

You might be able to file a claim if:

• Potholes or road defects caused you to lose control
• Missing or damaged guardrails failed to protect you
• Inadequate road signage left you unaware of hazards
• Poor lighting made it impossible to see the dangers ahead
• Construction zones lacked proper warning signs or barriers

Damages You Can Get After a No-Contact Crash

The damages available in no-contact motorcycle accident cases are the same as traditional collision claims. Economic damages represent the calculable financial losses resulting from your accident.

Compensation for economic damages

Medical expenses are usually the largest expense after serious motorcycle accidents. Categories of economic damages in no-contact accident claims include:

• Past and future medical treatment costs
• Lost wages during recovery and reduced earning capacity
• Motorcycle repair or replacement costs
• Medical equipment and home modifications
• Travel expenses for treatment and therapy

Compensation for non-economic losses

Beyond financial losses, no-contact accidents cause life disruption. Oregon law recognizes these intangible losses through non-economic damages. 

Non-economic damages include:

• Pain and suffering
• Emotional distress and mental anguish
• Loss of enjoyment in favorite activities
• Permanent disability limitations
• Disfigurement from scars or injuries

Compensation from Insurance When You Can’t Find the Other Driver

Oregon requires all drivers to carry minimum liability coverage. But this only helps if you can identify the at-fault driver.

Can your insurance pay when the other driver disappears?

The answer is yes. Uninsured motorist (UM) coverage protects motorcyclists involved in no-contact accidents. This coverage comes from your own insurance company. It steps in when the at-fault driver can’t be located or lacks proper insurance.

Here’s how UM coverage works in no-contact accidents:

• Coverage applies when phantom vehicles cause crashes without contact
• Coverage requires reporting the accident to the police within 72 hours to qualify
• Coverage needs witness testimony or physical evidence to establish the phantom vehicle’s existence
• Coverage limits match your liability coverage unless you purchase higher amounts
• Coverage allows your insurance company to stand in for the unknown at-fault driver

When the other driver doesn’t have enough insurance

Even when you identify the driver who caused your no-contact accident, their insurance might not fully cover your damages. Underinsured motorist (UIM) coverage fills this gap. It adds more compensation when the at-fault driver’s policy isn’t enough.

This becomes especially important for serious injuries that result in:

• Extensive medical treatment
• Lost wages or earning potential
• Long-term disability

How Insurance Companies Try to Avoid Paying You

Insurance companies and defense attorneys use strategies to avoid liability in no-contact motorcycle accident cases. The unique nature of no-contact accidents gives defendants several arguments they commonly raise. However, each argument can be fought with proper preparation and evidence.

When you are accused of lying about the other driver

After a phantom accident, you need to brace yourself. The defense might accuse you of making up the other driver to avoid responsibility for single-vehicle accidents. 

Frustrating as that may be, you can fight this accusation by:

• Presenting multiple witness accounts that support your version
• Using physical evidence like skid marks that show evasive action
• Showing your riding experience and safety record
• Proving the absence of mechanical problems or rider impairment
• Establishing that the defendant’s vehicle was in the area through surveillance or cell phone data

When you are blamed for the crash

Oregon’s shared blame system allows defendants to reduce their liability by proving they share the blame for the accident. In no-contact cases, the defense may argue that your actions were careless. 

The defense might argue that:

• You were speeding or driving below the speed limit
• You ignored traffic signals or road signs before the accident
• You rode too close to other vehicles on the roadway
• You made unsafe lane changes that contributed to the crash
• You were distracted or not paying attention while riding

Insurance companies hire experts to second-guess split-second decisions made under extreme stress. But Oregon law recognizes the “emergency doctrine.” This protects drivers forced to make instant decisions when confronted with unexpected hazards.

How to Build a Strong Case When No Vehicles Hit Each Other

Successfully suing after a no-contact motorcycle accident requires thorough preparation and strategy. Lack of physical contact between vehicles creates a unique situation when collecting evidence.

Essential evidence for building strong no-contact accident cases includes:

• Witness statements from drivers or pedestrians who saw the incident 
• Traffic cameras or security footage from nearby businesses 
• Skid marks or debris patterns showing evasive maneuvers
• Photos of the accident scene and surrounding conditions
• Police report documenting the incident and any citations issued

Collecting evidence as soon as possible is crucial. After an accident, memories fade, and physical evidence disappears quickly. Without vehicle damage showing impact points or paint transfer, proving what happened will be tough.

How Long You Have to File Your Lawsuit

Oregon law sets strict deadlines for filing motorcycle accident lawsuits. Oregon’s statute of limitations gives you 2 years to file, starting from the date of the accident.

Missing this deadline typically means losing your right to seek compensation forever. The 2-year limit starts immediately after your accident. It doesn’t matter when you discover how badly you’re hurt.

Some special situations can change these deadlines. For example, mental health issues caused by the crash may pause the time limit until you recover.

Government cases have much shorter deadlines, sometimes only 180 days. Building a strong case can take months. It’s important to talk to a motorcycle accident lawyer right away.

Why You Need a Lawyer for No-Contact Crashes

Handling a no-contact motorcycle accident claim without legal assistance puts you at a disadvantage. Experienced motorcycle accident lawyers can help you by:

• Building strong liability arguments without evidence of contact
• Sending investigators to the accident scenes quickly
• Handling complex discovery and legal processes
• Working with expert witnesses to strengthen cases

Contact an Experienced Motorcycle Accident Lawyer Today

If you’ve been injured in a no-contact motorcycle accident in Oregon, the parties you can sue depend on your unique case. They might include negligent drivers, commercial vehicle operators, government entities, or product manufacturers. Whoever may be at fault, Johnston Personal Injury Law Firm’s legal team can help you hold them responsible.

The Johnston Law Firm brings decades of experience to Oregon’s injured motorcyclists. We have helped riders recover full compensation after all types of accidents. We are ready to use our experience to help you, too. Contact our firm today for a free consultation.