But I Didn’t Even See You!
Whether you hear these words directly from a driver while you are still on Bruce R. Watkins Drive after a crash or they are later told to you by your attorney or insurance adjuster, they may come as a shock! What is the other driver talking about and can it really prevent you from making a fair recovery?
Why Some Motorists May Not See Motorcyclists
A recent study published in the journal Attention, Perception, and Psychophysics found that drivers often look out for the vehicles that they see most often on the roads. For many drivers, this means that they look out for cars and trucks and do not account for smaller vehicles such as motorcycles. Accordingly, they may be telling the truth when they say that they didn’t see a motorcycle on Bruce R. Watkins Drive. However, while they may honestly have not seen the motorcycle they still had an obligation to watch for potential motorcyclists and to act with reasonable care to avoid a motorcycle accident.
Why “I Didn’t See You” May Not Be a Motorcycle Accident Defense
Simply put, “I didn’t see you” is no defense when a driver had a duty of care to watch for motorcyclists and other drivers. Accordingly, it is important to consult with an experienced lawyer if another driver admits to not seeing you. It may be a significant piece of evidence in your recovery.
For more information about how to protect your rights when another driver claims not to have seen you and asserts that as a motorcycle accident defense, please read our FREE KC Biker’s Bible. You can also watch our free videos to learn more about how motorcycle accident cases and recoveries work in Missouri and how to protect yourself during this difficult time.