I was riding on my motorcycle down a major street, 2 lanes traveling in same direction, and after making my way through a few vehicles, which were going roughly 25 to 35 mph, i established myself in the right hand lane going the posted speed limit of 40 mph but no more than a few moments after being in the right lane a truck from the left lane made an unsignaled lane change and hit me with the right side of his bed and rear tire sending me to the ground and eventually the curb. Am i at fault for sharing the lane prior to being hit or is the driver of the truck that hit me at fault
General Practice Lawyer
Wo -- are you hurt? You need a personal injury attorney ASAP. A fault determination cannot be made by any of us on this AVVO board, but your attorney can make sure that the proper investigation is done to perhaps maximize your chances at recovery.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Motorcycle Accident Lawyer
A qualified personal injury attorney can evaluate your claim, request the police report and get you medical treatment even if you don't have health insurance. Do not speak with any insurance company without speaking with an attorney first. Feel free to call our office to discuss your case or any other experienced personal injury attorney.
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Lane splitting or sharing traffic lanes by motorcyclists is legal in California if it is done safely. Thank you for submitting this question. The fact that you were sharing a traffic lane prior to establishing yourself in the right lane does not make you liable for the crash. The truck driver had a responsibility to determine that it was safe to change lanes before doing so. If you were injured in the accident you should contact a personal injury attorney without delay. You will need to discuss securing appropriate medical care, health insurance issues, vehicle liability insurance issues, DMV reporting issues, and your full range of damages. It is important that you contact an attorney before you speak to the insurance companies.
This response applies only to California law, is not intended to be legal advice to any individual and does not create an attorney-client relationship.
Lane splitting is legal in California as long as you didn't do it recklessy. So you are not at fault
Animal Attack and Dog Bite Attorney
If the truck made a lane change and didn't signal and didn't see you, the majority if not all of the fault lies with him. Unsafe lane changes are one of the most common causes of motorcycle accidents on California freeways. If you were injured, you should retain an attorney to fight for you!
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
If you had established your position in the right hand lane and you were proceeding within the speed limit then you would appear to be fault free. Having said that, I can’t make this determination with any certainty without the benefit of the police report which may include other facts that you have left out of your question. Were you using a cell phone at the time of the impact? Had you been drinking? These are additional facts that may affect the liability picture. Assuming you were injured and had liability insurance you should immediately contact an experienced personal injury to fully analyze your case. If you didn’t have liability insurance you can still recover economic damages such as medical bills, property damage, and loss of income. If you had liability insurance you can recover pain and suffering damages in addition to the economic damages. Speak to an attorney before you speak to an insurance adjuster for the truck driver.