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CA Motorcycle accident: Who is at fault?

Sacramento, CA |

I was in a college parkinglot and was struck by a van while on my motorcycle. Here is a 2-part diagram of what happened: http://i43.tinypic.com/20i752d.jpg

The van was waiting in a long line of traffic to get out of the parkinglot. I attempted to make a right turn down one of the parking isles and head for the other, less crowded exit. When I was near, the lady in the van made a sudden jump out of line without signalling in an attempt to head down the same isle and struck me from the side.

Who is at fault here? I was told I could be at fault for "passing on the right". I agree that passing on the right is a bad thing to do, but I do not see my maneuver as "passing". I was just turning down the isle.

Attorney Answers 4

Posted

Your diagram was pretty cool. Unfortunately, I am willing to bet that if you had 100 lawyers vote on this one, half would be for you, and half would be against you. Differences of opinion is what makes horse races, and why we have courts. For me, I like your chances. Good luck.

The author of this post is licensed to practice law in the District of Columbia, Maryland, and Virginia. This post is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.

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Posted

I would vote for you. Even if you and she are both at fault to a certain extent, it does not prevent you from suing for your damages. They may be reduced by the percentage of your fault, but you should still recover something.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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Posted

Hello.

You are most likely not at fault. This would not be considered passing as you were simply making a turn. Further, the other driver had a duty to (1) warn other drivers of her moving to the right and (2) checking the mirrors and all around her that her going right would be safe.

Thanks,

Arkady Itkin
Sacramento Accident Injury Lawyer

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Posted

You are not at fault. Give me a call for a free consultation at 800-816-1529 or go to www.bikerlawyer.net

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