A vehicle exiting a private business complex turning left onto public street with oncoming traffic (a parked van obstructing view) said both directions were clear and continued w/ turn. After clearing van noticed motorcycle approachimg fast and stopped his vehicle in street. Motorcycle hit brakes immediatlely,went down,bike and rider separated shortly before both collided w/ stopped vehicle. Driver of MC dies.
2006-07-01 10:09:53 · 14 answers · asked by DONNA B 1 in Cars & Transportation ➔ Other - Cars & Transportation
The vehicle that pulled out in front of the motorcycle is clearly at fault, and being that the motorcycle rider has died as a result, vehicular manslaughter charges can be brought against the driver and the victims family can file civil charges as well.
2006-07-15 09:24:25 · answer #1 · answered by bobby 6 · 0⤊ 0⤋
My own personal opinion is that the person who parked the van to block the view is at fault. I've often wondered why the laws don't back up my opinion. It's quite obvious the person in the vehicle panicked and is the reason for stopping. Having been a motorcycle rider for most of my life, I know the hazards of riding. It's also obvious that the motorcycle rider panicked instead of taking appropriate measures. While riding a motorcycle it is absolutely imperative to drive for everybody on the rode and to always be on the lookout for exactly this type of thing and to always keep a cool head. I put probably 50,000 miles a year on my scooter and rode all over this country. I only went down one time. The accident you describe was a little bit every bodies fault and no one particular. It was just an accident.
2006-07-01 17:31:08 · answer #2 · answered by oldman 7 · 0⤊ 0⤋
No the parked vehicle isn't at fault and unless one could prove the motorcycle was going at some excessive speed (not easy to prove) the guilt obviously lies with the vehicle exiting the parking lot IMO. A driver must be in control of his vehicle at all times and must yield right of way. The MC had the right of way. Vehicle driver was careless in exiting, regardless of the visual obstacle. Only hope for the vehicle driver is to prove the MC was going at a dangerous speed, possibly with witnesses. Even then, the fault would be split. I can't see the vehicle driver held blameless under any circumstance.
2006-07-01 17:37:42 · answer #3 · answered by Anonymous · 0⤊ 0⤋
person entering into traffic is responsible - MC hit brakes immediately yhen you can measure how fast he was going but the driver of the van is still not allowed to effect the path of the MC. Van driver is liable and will be charged. I've been on the MC end of this except when I got off the bike I missed the car - little road rash some bruised pride - a totaled Kawasaki .
2006-07-11 21:52:45 · answer #4 · answered by Norman 7 · 0⤊ 0⤋
If they live in a no fault state both share the blame for the accident. Law says one must be in control of their vehicle at all times. In a non no fault state the motorcycle driver in this case would be to blame. Of course the family of the motorcylce driver will no doubt get a lawyer and try to pull everyone into a law suit. The lawyer will attach a libility suit to the driver of the van, the owner of the parked car, the company who owns the parking lot, you name it. Now you have a idea as to why insurance cost so much.
2006-07-15 14:04:29 · answer #5 · answered by The Mick "7" 7 · 0⤊ 0⤋
obviously both ways were not clear, there is no mention of time as a factor but if car driver could have found reverse, motorcyclist would probably still live. did the police bring charges to car driver? a wrongful death suit could probably happen in united states anyway.. did the bike have a loud exhaust? could the car driver have been distracted by cellphone or excessively loud radio? i digress, but loud exhaust on motorcycles saves lives; even if you don't see them you know when one is in the area.one last note cyclist was in street he/she had the right of way over anyone entering the street. may we all become the vigilant drivers we tell ourselves that we already are.
2006-07-01 17:38:15 · answer #6 · answered by hobbabob 6 · 0⤊ 0⤋
i have been in this kind of spot befor with luck i only had a few injurys my uncle how ever broke his back riding a soft tail one year but the laws in my state would be very strict and would work infavor of mc people should be on the look out for them and as far as the van goes did the cops do any thing about it
2006-07-15 13:16:50 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Would a reasonable person stop the van? That is the test for a situation like this.
2006-07-01 17:14:50 · answer #8 · answered by Anonymous · 0⤊ 0⤋
the van went cause it was clear, at first. May be the mc was goning too fast and at first he wasn't in view but then BAM! he was right there.
2006-07-14 23:25:04 · answer #9 · answered by Anonymous · 0⤊ 0⤋
well the driver of the mc is dead so charges cant be brought up to them but in my opinion nobody is a fault it was just an accident and that stuff happens it doesnt have to be anyones fault but if somone must be blamed..blame the dead guy he cant argue.
2006-07-10 14:50:28 · answer #10 · answered by serenitylemon 2 · 0⤊ 0⤋