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| *Vultures Knob>>>Street Bike |
Who is at fault? Should any charges be brought up? |
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. 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. This depends upon the speed of the traveling motorcycle. Would a reasonable person stop the van? That is the test for a situation like this. Vehicle is at fault. MC has right of way regardless of speed!! MC's family should sue sue sue!!! 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. 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. 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. |
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