Motorcycle Accident with Car at Intersection...

by Teresa
(San Jose, CA)

A motorcycle hit me this morning. A car opposite me (facing me in oncoming traffic) at the intersection was turning left and I also needed to turn left. The motorcyclist behind the car facing me drove around the turning car and hit me while I was in the intersection.

Was it legal for this motorcycle to drive around the car in front of it that was turning? Will I be held completely liable for this? Thanks.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Motorcycle Accident with Car at Intersection...":

Teresa (San Jose, CA):

You are in a tenuous legal position. Normally a driver entering an intersection must yield to other drivers. In your case you may have somewhat of a defense.

The difficulty may lie with your insurance company. They first investigate and then evaluate the case. Regrettably, insurance companies more often than not “cut their losses”.

During the evaluation portion of your case the insurance company will determine the “cost” of the case. They will go into a very sophisticated computer program used and improved year after year. Part of the program is dedicated to researching thousands of insurance claims filed under similar circumstances.

The program reviews those similar cases which weren’t settled and which proceeded to trial. The information about the percentage of cases won and lost is weighed as well. Then for those cases lost the program averages the amount of jury verdicts.

The programs also have compiled the names of the attorneys and law firms who represent those injured on various cases. Some attorneys try a sufficient number of cases to form a pattern. Their “winning” percentage is factored into a case when that attorney is noted as the one representing an injured individual.

To tell you whether you will be liable is difficult enough. To tell you if your insurance company will admit liability on your behalf and settle the case is virtually impossible with the limited facts presented.

Don’t feel bad. These decisions are made every day, for hundreds of thousands of people each year in similar circumstances.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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