Yes, there are instances where you would still be able to recover damages even if you were not physically hit by a motorist. A driver of a motor vehicle can be held liable if they were found to have been negligent while traveling on the roadway. For example, a motor vehicle driver could have swerved towards a cyclist, causing the cyclist to also swerve and crash. In this case, the motorist would be found liable and responsible for the damages and injuries sustained in the accident because they were being negligent.
If you have been in a bicycle accident similar to the one described above, contact a Charleston bicycle accident attorney at 1-888-690-0211 to set up a free case evaluation.