Under California Vehicle Code § 21801 (a) The driver of a vehicle intending to turn to the left or to complete a U-turn . . . shall yield the right-of-way to all vehicles approaching from the opposite direction which are close enough to constitute a hazard at any time during the turning movement, and shall continue to yield the right-of-way to the approaching vehicles until the left turn or U-turn can be made with reasonable safety.
According to California Civil Jury Instructions (CACI) a “hazard” exists if: “any approaching vehicle is so near or is approaching so fast that a reasonably careful person would realize that there is a danger of a collision [or accident].”
In other words, the driver who is attempting to make a left turn must ensure that no oncoming vehicles are close enough to be a hazard before he or she proceeds across each lane the driver of a vehicle will yield the right of way, until the turn may be made with reasonable safety.
Before we dive into determining fault in a left turn motorcycle collision, it is important to understand the term “Negligence“, which is a term used to characterize conduct that creates an unreasonable risk of harm to others. In order to prove negligence you must prove:
In theory both a rider and the motorist can potentially be partially responsible for causing the left turn collision. For instance under the comparative negligence theory a party may contribute to an act of negligence or be comparatively negligent for his or her own injuries. However, it is important to remember that recovery for damages will be reduced by the percentage of fault associated with that matter. For instance, if you were found 20% at fault for causing the accident, your settlement and or judgement will be reduced by 20% of the entire dollar amount settled or awarded.
There are several problems with this. First off, even if there is a traffic collision report, stating that the driver of the car was at fault, the traffic collision report is hearsay. As a matter of fact, it cannot get admitted as evidence to prove the dynamics of the motorcycle accident. Also, the insurance company also doesn’t have to consider this as proof of fault.
The insurance company attorneys not having to consider the traffic accident report, will begin placing blame on the innocent victim. They might claim, the rider wasn’t being inattentive. Or they may say you weren’t riding at a safe speed during the collision. Then again, they might claim the rider should have yielded.
The Endless Insurance Company Excuses. They can also claim the motorcyclist was not wearing bright enough clothing or anything else. Hence they may argue the motorcyclist at fault instead of the insured auto driver. So besides being worried about getting your bike fixed and custom motorcycle parts, now you have to PROVE it was not your fault.
Negligence determines who was at fault and their degree of the blame. Both a rider and the motorist can be partially responsible. The biker can still recover money. Some of these accidents take place due to the motorcyclist passing a larger vehicle in the same travel lane. In fact, that could have obscured him from an oncoming vehicle turning left.
The other motorist usually fails to have enough reaction time to complete the left turn safely. This makes the car into a wall of steel, ejecting the rider from their bike. The rider may have been reckless. So starting a motorcycle lawsuit is not always the answer. A unique factor to consider remains that most insurance companies refuse to pay money after a rider gets smacked down.
We provide 24/7 motorcycle accident hot line available for victims involved in motorcycle accidents. Speak to a Los Angeles motorcycle accident attorney today. Our motorcycle accident lawyers charge our clients’ zero upfront legal fees. You pay nothing until and unless we successfully secure a settlement or judgement.
Experienced and inexperienced riders must be ready to deal with every roadside contingency in as little as microseconds. Motorcycle accidents normally occur blue and are totally unpredictable. Only sturdy boots, helmets and other gear reduce harm. But when coupled with training and muscle memory it can prevent harm.
We provide 24/7 motorcycle accident hotline available for victims involved in motorcycle accidents. Speak to a Los Angeles motorcycle accident attorney today. Our attorneys speak English, Spanish, Russian, Armenian, and French.
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