After a motorcycle crash, a driver may say, “I just didn’t see the motorcycle.” But does that explanation excuse them from responsibility? In Virginia, simply failing to notice a motorcycle does not automatically eliminate negligence. Drivers have a responsibility to stay alert, which includes using reasonable care to watch traffic and respond to hazards.
James H. Shoemaker, Jr., Attorney at Law, brings decades of litigation experience to complex legal matters in Virginia. Jamie has practiced with Patten, Wornom, Hatten & Diamonstein since 1993 and has been a partner since 1996, representing clients in significant cases in Virginia and beyond.
Drivers Have a Duty to See What Is Reasonably Visible
Virginia courts have long recognized that keeping a proper lookout involves more than simply turning your head or glancing in a mirror. A driver must use ordinary care to observe vehicles and conditions that could affect their driving, see what a reasonable person would have seen, and respond appropriately to avoid a collision.
That means a statement such as “I looked, but I didn’t see the motorcycle” may actually raise questions about whether the driver looked carefully enough. Virginia case law has held that a motorist who looks but fails to see something a reasonably prudent driver should have seen may still be considered negligent.
Why Motorcycles Can Be Overlooked
Since motorcycles are much smaller than passenger vehicles, they become harder to notice in heavy traffic. Blind spots, other vehicles, road features, or poor visibility may temporarily hide them.
Those circumstances matter when determining fault, but they do not automatically excuse a driver. Investigators and attorneys may examine where each vehicle was positioned, whether the motorcycle was visible, traffic signals, turning movements, witness accounts, photographs, and other evidence.
Liability ultimately depends on the specific facts of the collision, including whether either party failed to exercise reasonable care.
Protect Your Right to Pursue a Motorcycle Accident Claim in Newport News, VA
If a driver claims they never saw your motorcycle, that statement does not necessarily end your case. Understanding whether the driver maintained a proper lookout can be an important part of evaluating a motorcycle accident claim in Newport News, VA. Call 757-223-4580 to schedule a consultation with James H. Shoemaker, Jr., Attorney at Law, and discuss the circumstances surrounding your collision.