At the Ehline Law Firm more than half of the motorcycle accident cases we take, involve motor vehicles at intersections failing to yield, or that are making left hand turns. Most experienced motorcycle riders taste the fear of what can happen at an intersection, when approaching even the most innocent looking roadway traffic.
When there is a driver that is making a left-hand turn, who cuts off the rider, it could mean curtains. The situational awareness of motorists is not always up to par to avoid cutting off a biker. Sometimes a driver yields to their right of way.
But there is also the driver that speeds up. They may be thinking they have time to turn before the motorcyclist is in their path. Or they mercilessly stop directly in the path of the helmeted biker and boom.
Bikers Often Lose Even If It Wasn’t Their Fault.
Assumptions made by even an experienced rider can lead to problems. Motorists don’t always treat bikers properly, and the biker almost always comes out on the losing end of the bargain.
A motorcycle lawyer is almost always beneficial in these cases. The mechanism of injury is much different than in typical passenger car collisions. These conveyances have roll cages and seat belts. When bikers get hit, they get no protection other than their riding gear.
They walloped the pavement, and are at the mercy of mother nature. You have a vastly better chance with a champion in your corner who knows the rules of the game.Ehline Law has an award winning law firm, with millions recovered in traffic collisions. This web page will help you understand why you should give us a chance.
Determining Who is at Fault in a Left Turn Motorcycle Crash.
There are motorcycle riders who believe they are protected by California Vehicle Code § 21801. That section states that the driver of a vehicle will yield the right of way, until the turn may be made with reasonable safety.
The motorcyclist in a left turn collision might believe they do not need the representation of a lawyer since it appears like it is clear who is at fault. But avoiding motorcycle injuries is not always possible, and neither is determining fault as easy as reading the CVC.
The Traffic Report is Hearsay Evidence.
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.
The Despicable Insurer.
Their attorneys do what they can to backup the despicable insurance company. Their goal is to reduce the liability of their insured driver. So this means they can pay less to the innocent or injured victim. As a matter of fact, it becomes a windfall to the large corporation. And they treated the rider like a stooge.
When a motorcycle collides at a high rate of speed, the insurance company will try to place complete or at least partial fault on the motorcyclist. They will say improving rider safety could become strengthened. That way the cyclist can be more attentive, etc. Also, this remains why the rider needs the experienced motorcycle accident lawyer. Someone must fight for their rights. Only a pro can prove liability after a collision.
Typical scenarios include:
- A rider is passing a vehicle that had blocked him from view
- The rider driving towards an intersection
- A rider overtaking the biker and cuts left in from on him, sideswiping the rider, etc.
Let’s face it; motorcycles have a low, narrow nomenclature. Many motorists simply don’t see the bike until it is too late. Situational awareness on the open road is a key factor in avoidance of vehicle accidents. Many drivers traversing down the highway are inattentive. This egregious behavior makes the offending motorists liable for the rider’s torment and costs of convalescence.
Experienced and inexperienced riders must be ready to deal with every roadside contingency in just microseconds. Accidents normally come from out of the 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.
The bottom line is that even an acrobat driving head-on into the side of the car is going to get hurt. But there are some things riders can do.
At the outset, a car operator needs to not be a jerk and pay attention. This elementary action will save lives and on trips to the courthouse. Below is a checklist for all road users. Also, it should help riders and other motorists understand the rules of the road. That way maybe they can exercise some basic civility too.
- Always utilize your turn signal when approaching the turn. Slow the vehicle down and give yourself time to scan the road at least 70 or so feet in front of yourself.
- Don’t jump lanes. Assure that you are actually in the correct lane and don’t make unsafe, last minute lane changes when approaching the turn.
- Exercise extreme care when at the intersection. Stay idle until safe to move. You must have optimum situational awareness before turning.
- The law requires that you give the right of way to pedestrians and oncoming traffic.
- Negotiate the turn by staying right of the center line divider, and don’t jump lanes. Stay in your same predesignated lane. This means stay in the inner lane. The outside lane is designated for motorists who are negotiating right-hand turns.
- Always look left and right and in both rear view mirrors immediately before making the maneuver.
- Do not speed, especially at a four-way intersection. You may not have enough time to slow and avoid a head on hazard as you head towards the lights.
Retaining Experienced Counsel.
When you want answers to frequently asked questions of motorcycle lawyers, Ehline Law Firm provides them. Also, we offer the best representation in a left turn or failure to yield collision. Ehline’s track record is proven with left turn and failure to yield collision victims. Check out our motorcycle lawyers online to learn more about our impressive reputation.