General Category > General Discussion
NGC - Common traffic collision question
yogidozer:
I agree with what Dan said. I would also check to see if the motorcyclist was on drugs, or had stolen the bike.
Going 120/80 through traffic? It's one thing to speed in an isolated area, might hit a deer or bear, but in traffic?
That efin crazy.
Ncdan:
--- Quote from: Scout63 on January 21, 2022, 04:23:17 PM ---I think it was David Hough in Proficient Motorcycling who would characterize the Rider as “dead right” if she/he weren’t at fault. Personally, I think the car operator would be at fault if he/she could reasonably have seen the bike and judged it’s speed and still turned into traffic.
--- End quote ---
In the scenario you just described for the operator of the car would be an intentional act, which would be a murder rap. To say if someone did or did not see an oncoming vehicle is an impossible feat for an investigating traffic officer and would be immediately exposed as speculation in a court of law.
SmithSwede:
What is the speed differential for the motorcycle? He was going 80 mph in what—a 65 mph roadway? Or 35 mph?
If the differential is big enough, I’d say all fault is on the motorcyclist. An average left turning motorist is entitled to presume that oncoming traffic is not going insanely over the speed limit.
If the question were put to a jury in a negligence action I’m pretty confident the motorcyclist would get 100% blame, assuming the left turning motorist was Joe Normal (not drunk, paying attention, etc.)
nc43bsa:
What I saw was a bike grossly speeding while lane-splitting, so it is entirely possible it was impossible for the car driver to have even seen the bike before he/she started turning.
Has anyone determined whether the car had a protected left-turn light? That would put a completely different spin on the liability issue. What I saw was a car turning left in front of two lines of cars (and the bike in question) that were not proceeding as if they had a green light.
wymple:
Any jury who watches the video puts it 100% on the idiot on the bike.
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