My question involves a traffic accident in the State of: WA
I was on a motorcycle following a minivan for at least 5 minutes. The weather was sunny, the road was dry. Since there was no center line or no signs prohibiting passing, I decided to pass the minivan that I was following. I think the speed limit was 15mph, and we were driving at 10mph.
I checked the left rear view mirror, I shoulder checked to the left, I activated the turn signal to the left, I turned the high beam on, I checked the left rear view mirror again, I shoulder checked to the left again, I honked, then I started passing the minivan. The minivan made a left turn into a driveway while I was passing, we collided. I was riding at around 20mph as I was trying to pass her. I did not see the minivan signaling to the left nor its brake lights lit. After I came back to the scene, I learned that there's a bush on left side of the road, that's why I never knew there was a drive way coming up.
The minivan driver and passenger(s) came out to check on me, and she called 911. An ambulance and police officer came to the accident site. I was taken to a clinic, and was discharged about an hour later after seeing a doctor.
My motorcycle received damage mainly on its right side, from front end to rear end. The minivan received damaged on its left front fender.
I did not receive any tickets, I do not believe minivan driver received any, either.
The police officer in the report states that I'm at fault, because there were speed bumps right before the accident scene, and there were 'slow-children at play' signs. Initially, insurance companies determined that was 100% my fault. However, after they interviewed both parties, it's currently sitting at 75% my fault.
I'm going to send a dispute to other driver's insurance company on police report. The report says that the minivan driver said she was never aware that I was following her at all. That indicates she never paid any attention to mirrors at least for 5 minutes prior to the accident. I also disputed officer's determination of who's at fault, because passing is still permitted at accident site: no center line, no 'no passing' signs. Speed bumps and 'slow-children at play' don't prohibit passing.
The Washington RCW 46.61.110 Overtaking on the left, it states '(3) Except when overtaking and passing on the right is permitted, OVERTAKEN traffic shall GIVE WAY to the right IN FAVOR OF AN OVERTAKING VEHICLE on audible signal and shall not increase speed until completely passed by the overtaking vehicle'.
It seems like I had a right-of-way.
The repair estimate for my bike is around $9,500 and for the minivan is over $3,000. Do you think I can further reduce my fault from current 75%?