In the case of a motorcycle accident where there is no impact between a car and a motorcycle, it’s a he-said/she-said. What do you do? How do you prosecute a case like that? How do you win?
You have to show that it is going to be a negligence case. You have to show that the driver did do something, such as potentially not giving enough space of the motorcycle, or something of that nature that may have caused the accident and injuries. You always have to have that space, a safe driving distance between yourself and the other vehicle and be aware of what’s in front of you.
It always depends on the circumstances of the case. If you present facts that show that the driver knew what he was doing up front and stopped short on purpose, I think that would make him negligent.