Who is at fault speeding biker of left hand turner?

by tom » Mon Sep 14, 2009 01:15 am
Posts: 1
Joined: 14 Sep 2009

My wife was making a left turn on to a 4 lane devided city road speed limit 45mph, she had stoped for traffic to clear and proceeded from west to north. North of this intersection 250 feet is a signaled intesection. A motorcycle coming from the north at excessive speed 65 MPH "as per witness" colided with the rear quarter of her ford expidition spining it 90 degrees and beding axel and magling the body. The biker made no atempt to stop, slow, or manuver. His injures are critical.

Total Comments: 3

Posted: Mon Sep 14, 2009 05:55 am Post Subject:

No way to tell from your limited description... statements of both drivers would be needed as well as from the witnesses. But I think it's safe to say that both parties probably have some degree of fault.

Posted: Mon Sep 14, 2009 06:07 am Post Subject:

I have a feeling that there's something wrong with this biker. But what's important is what the police report and the witnesses say. Otherwise it's truly difficult to determine the extent of fault.

North of this intersection 250 feet is a signaled intesection.


How were the signalling conditions at the previous intersection? Pinkfloydfan

Posted: Mon Sep 14, 2009 11:08 am Post Subject:

T, of course is correct, there isn't enough info without us t/w the other driver, and biker. I will say that it boads well for your wife, that he hit her toward the rear of her vehicle, (indicating she had nearly cleared the intersection). Further, if witnesses indicate the bike was speeding that will also help her. If your state is a PURE comparative negligence state, then (with the minimal info) I could see 60/40 (your wife) to 40/60 decision being made. From where your wife was, could see clearly see this other intersection? Did she see the bike coming, and assume he was going the speed limit? or not see him at all?

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