[Content Updated 04/14/2021] 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 can taste adrenaline’s fear when they approach even innocent-looking roadway traffic. Veteran riders know most deadly motorcycle wrecks happen at roadway crossings.
When a driver makes 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.”
True story. 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.
There are motorcycle riders who believe they are protected by California Vehicle Code § 21801. That section states that a vehicle’s driver will yield the right of way until you can make the turn with reasonable safety. Your lawyer can establish the defendant’s negligence by proving the other motorist failed to exercise due care. In other words, the careless person who hit you failed to behave like a similarly situated driver who was exercising reasonable care under the same circumstances.
Factors that contribute to left-hand turn negligence can include:
Our USMC veteran-run Los Angeles personal injury attorney has relationships with the most esteemed, vaunted experts in the field. Our diligent staff will carefully review the facts of your potential case and give you an honest assessment of how you can potentially identify any potential negligence liability and damages to help bolster your future lawsuit or settlement.
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.
There are several problems with this. Even if there is a traffic collision report stating that the driver of the car was at fault, the traffic collision report is hearsay. And hearsay is inadmissible as evidence to prove the dynamics of the motorcycle accident. Also, the insurance company doesn’t have to consider this as proof of fault.
The insurance company attorneys, not considering the traffic accident report, will begin blaming 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.
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 blame. Both a rider and the motorist can be partially responsible. The biker can still recover money. Some of these accidents occur due to the motorcyclist passing a larger vehicle in the same travel lane. That could have obscured him from an oncoming car turning left.
The other motorist usually fails to have enough reaction time to complete the left turn safely. So this makes the car into a wall of steel, ejecting the rider from their bike and throwing the occupants into the other driver’s windshield or hard, fixed objects.
But 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.
Their attorneys do what they can to back up 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. It becomes a windfall for large corporations. And they treated the rider like a stooge.
When a motorcycle collides at a high-speed rate, 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 an experienced motorcycle accident lawyer. Someone must fight for their rights. Only a pro can prove liability after a collision.
Let’s face it; motorcycles have a low, narrow nomenclature. Many motorists don’t see the bike until it is too late. Situational awareness on the open road is a critical factor in the 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 typically come from out of the blue and are unpredictable. Only sturdy boots, helmets, and other gear reduce harm. But when coupled with training and muscle memory, it can prevent damage.
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 to avoid injuries at thoroughfares.
We are glad you asked that question. The answer to your question depends on many factors discussed here. At the outset, a car operator needs not to be a jerk and pay attention. This elementary action will save lives and on trips to the courthouse. Keep in mind that riding straight into a four-way intersection is considered the most dangerous maneuver for motorcyclists. And roughly the same number of collisions take place on rural and urban roadways.
According to statistics, at least half of left-hand turn accidents happen with the rider or other vehicle’s view remains obstructed by oncoming vehicle headlights or the sun’s glare. Many autoists don’t want to admit that distraction played a role in collisions. But when they admit they “never saw his motorcycle,” that is an admission of negligence. They should have paid more attention to the road.
But feigning ignorance does not allow someone, anyone, to escape legal liability under CVC § 21801. 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.
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 proven track record with left turn and failure to yield collision victims is second to none. Check out our motorcycle lawyers online to learn more about our impressive reputation. If you or your loved one wants a free case review and free consultation with a motorcycle lawyer today, feel free to call us at (213) 596-9642 or use our convenient online contact form today. An aggressive Los Angeles personal injury lawyer is standing by to receive your call or email!
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