When a left-turn motorcycle accident happens, the turning driver is often at fault because they didn’t yield to the oncoming traffic. But proving fault can be complicated, especially when you need to show evidence that the driver was negligent or misjudged the speed or distance of the motorcycle. The best thing that you can do is hire an experienced accident attorney who can help with building the case and get you the settlement you deserve.
Unfortunately, these left-turn accidents are quite common and often cause deadly results for motorcyclists. In this guide, we are looking at motorcycle accident liability and what you need to know in order to receive fair compensation after the accident.
Why Left-Turn Accidents Are So Dangerous for Motorcyclists
By law, a left-turning driver is required to yield to all oncoming traffic, and it’s a traffic violation if they fail to yield in this situation. Most drivers know this, but the problem occurs because motorcycles are harder to see than larger passenger vehicles. Also, it’s common for left-turn drivers to misjudge the motorcycle’s speed and distance as they are approaching the intersection.
As you look at the physics of a left-turn collision, the impact force is centered on the motorcycle driver. The person(s) on the motorcycle is exposed since there is no protection from a vehicle structure.
Other common causes of motorcycle accidents in intersections might include distracted driving or failing to check blind spots before turning.
Who Is at Fault in a Left-Turn Motorcycle Accident?
When a left-turn motorcycle accident occurs, the turning driver is always assumed to be at fault since they failed to yield to the right of way from the oncoming traffic. In most of these accidents, this liability claim is supported by the traffic violation that is documented in the police report.
But the at-fault driver might try to shift the blame by saying that the motorcyclist was speeding or lane splitting. These arguments are an attempt to share liability, and physical evidence is essential to prove liability and maximize available compensation.
You need an experienced attorney to help with building the case, especially since comparative fault rules apply here in the state of Texas. This means that if the motorcyclist is found partially responsible for the accident, then their compensation is reduced according to their fault.
How to Prove Fault in Motorcycle Accident Claims
One of the biggest mistakes you will make is trying to pursue a motorcycle accident claim without legal representation. Instead of trying to figure out how to prove fault in a motorcycle accident on your own, it’s better to call an experienced attorney for legal representation. We can help you build a solid case with evidence that will hold up in negotiations and the courtroom:
- Police Accident Report: This police report is the official record of what happened at the scene. You can also find additional helpful information in this report, such as witness statements and citations issued to the at-fault driver.
- Video Footage: There might be video footage captured through traffic or security cameras in the area, including dashcam videos. Our legal team will check for intersection cameras and nearby businesses that might be able to share footage.
- Scene Evidence: It’s critical to examine the scene right away before evidence is removed. For example, skid marks and debris patterns can indicate vehicle positions and where the impact occurred.
- Witnesses: People who saw the accident can corroborate what the motorcycle and at-fault driver say about the circumstances of the accident.
- Accident Reconstruction: Sometimes it makes sense to hire an accident reconstruction expert who can evaluate the vehicle speeds, sight distances, and timing of the accident. The goal is to determine if the at-fault driver had time to yield.
- Other Evidence: Gather other types of evidence that can strengthen your left-turn accident injury claim, including photos taken at the scene, medical records, injury documentation, expert testimony, and the driver’s cell phone records (if distracted driving played a role in the accident).
Challenges Drivers Face in Motorcycle Accident Compensation
The unfortunate reality is that there is a jury bias against motorcyclists, and insurers try to leverage stereotypes to minimize the liability and compensation that needs to be paid. Since these challenges are present, motorcycle accident victims need to take a proactive approach to hire legal support immediately and preserve evidence whenever possible. Not only do the skid marks and physical markers disappear quickly, but it becomes harder to build a solid case the longer you wait to move forward.
One of the common tactics that insurance companies use is to offer a lowball settlement before information is available about the full extent of the injuries. Never accept the first settlement that comes through. Every accident victim deserves legal representation to ensure they are receiving a fair settlement for their injuries.
Also, be proactive about following through with medical evaluations and treatments. If there are any gaps in the treatment schedule, the insurer might use this information to argue that the injuries were not serious. Or they might look for ways to prove that the injuries were not caused by the accident.
FAQ
Who is usually at fault in a left-turn motorcycle accident?
The turning driver is usually at fault because they failed to yield to the oncoming traffic that has the right of way.
Can a motorcyclist be partially at fault in a left-turn accident?
Yes, it’s possible for the motorcycle driver to be found partially at fault, especially if they were speeding or driving recklessly. In this situation, comparative fault rules could reduce the amount of compensation that is received.
How long do I have to file a motorcycle accident claim?
The statute of limitations for motorcycle accidents in the state of Texas is two years. But it’s important that you contact a motorcycle accident lawyer as soon as possible to preserve available evidence and meet all necessary filing deadlines.
Protect Your Rights After a Left-Turn Motorcycle Accident
If you’ve been in a left-turn motorcycle accident, then it’s time to reach out to our legal team for assistance with proving liability in the case. The Green Law Firm is always just a phone call away. Contact us for a free, no-obligation consultation: (956) 542-7000.
