In a motor vehicle accident in Florida where a driver, occupant, motorcyclist and/or bicyclist (also, motor scooter, moped and e-scooter operator or rider) was in a serious crash but the other driver did not make contact with them, the questions are: can the other driver be at fault, and can the victim pursue a claim?
The answer is yes to both. HOWEVER, in a no-contact vehicle accident, you will need independent witnesses and/or or evidence to prove it!
If you take evasive action to avoid a collision and end up crashing, you may still be able to recover, even without an impact, if the other driver’s negligent actions are the cause of your injury or damages. The question under Florida Law is not whether the vehicles made contact, but rather, if the other driver placed you in a “foreseeable zone of risk” which means that the other driver’s actions negligently placed you in immediate risk of physical harm and was a danger which a reasonable person should anticipate as the result from his/her actions.
This situation happens quite often to smaller cars versus big trucks, or motorcycles, motor scooters, e-scooters, mopeds, and bicycles versus an automobile. Normally, this situation occurs when a driver does not see the other smaller vehicle and pulls out right in front of them from a driveway or parking lot. It also commonly happens when drivers run stop signs or make left turns without seeing them. This forces the smaller vehicle to make a split-second decision to either deflect (often hitting a curb or other object) or stop suddenly or whatever other evasive action to avoid an accident as well as impact and thereby gets injured or sustains damages.
Another common example seen in these circumstances is when cars or vehicles pass too closely. There should be sufficient space between vehicles. In specific, motorcyclists, mopeds, scooters, or cyclists know that many drivers do not give them at least three feet or car length. When this scenario occurs, the drivers or operators of the smaller vehicles may have insufficient space and time to react properly or may even be forced off the roadway.
If the foregoing happens, it is important to get as much information you can about the other driver and the car. You will want to report it to the police as soon as you are able to allow them to begin an investigation. Finally, you will want to check if there are any witnesses who can confirm details about the accident or surveillance cameras, which documented the incident.
Just because there was no contact, does not mean there can be no claim. You may still be able to recover so long as the other driver’s lack of care is the cause or reason for your injuries and/or damages.