Who is liable for a left-turn motorcycle accident?
Liability in a left-turn motorcycle accident can depend on many factors, but relies most strongly on which vehicle had the right-of-way. Both parties can be at fault for the accident, which is why it is important to have a Pennsylvania motorcycle accident lawyer on your side.
Pennsylvania Code Regarding Left Turns and Right-of-WayPennsylvania Code Title 75 - Vehicle §3322 dictates who has the right-of-way in a situation where a vehicle is making a left turn. According to the code, a driver of any motor vehicle, "shall yield the right-of-way to any vehicle approaching from the opposite direction which is so close as to constitute a hazard."
Accident Caused by a Left-Turning VehicleIn every case, a vehicle -- whether it is a motorcycle or car -- has an obligation to check for traffic proceeding straight through the intersection. In most cases, the motorist is liable in a left-turn motorcycle accident because he did not check carefully enough before proceeding through the intersection. Motorcycles, because of their smaller size, are much more difficult to see which means that drivers must double check for motorcycles before turning left.
Shared Liability in a Left-Turn Motorcycle AccidentEven if the operator of the car hit the motorcyclist when turning left, he might not be totally at fault. If the motorcyclist ran a red light or was speeding through the intersection, an investigation may find that he is totally or partially at fault for the accident.
Remember that to recover damages in a Pennsylvania accident case, you must be able to prove that the other driver contributed to the accident more than you did. Under Pennsylvania law, you are still able to recover compensation if you were 50 percent or less responsible.
For example, if the investigation finds you were 40 percent at-fault for the accident, you will still be eligible to recover compensation; however, your percentage of fault will affect how much compensation you are eligible to receive.
Evidence to Prove Liability for a Left-Turn Motorcycle AccidentIf you are a motorcyclist who sustained injuries in a left-turn crash, you will need to prove that the other driver was behaving negligently by turning in front of you when you had the right-of-way. Liability in left-turn cases relies on eyewitness accounts of the accident, examination of the accident scene, police reports, and photos and video of the crash.