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  1. #11
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    Oct 2016
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    4,301

    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    There are two possibilities here.

    1. The OP was, in fact, lane-splitting which is illegal in NY (and most other states). The OP admits he is the drive that initiated the lane splitting. The OP is at fault.

    2 The OP was not lane-splitting but simply very close to the rear of the car ahead. In that case, he is guilty of following to close. Again it is his fault.


    LawLearner, you are lucky you aren't dead. You broke a number of the primary rules of motorcycle safety. If your bike was damaged don't get it fixed and if you do take a rider safety course and don't ride again until you have learned how fracking stupid your act was.

  2. #12
    Join Date
    Sep 2016
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    26

    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    Quote Quoting Harold99
    View Post
    Hey, that 's a classic Jack. Now you are saying that it's ok to hit people in your blind spot where "you have every right to expect no one to be." OMG! What are you going to say next to make these folks feel guilty?

    Lawlearner,
    You are correct in that the motorist unsafely changed lanes/direction in front of you without checking his rear view mirrors first. The fact that you were in his blind spot shows his negligence of lack of view. If he cannot see in his blind spot then he is to look over his shoulder before changing lanes. Blind spots are no excuse to hit someone.

    As an avid cyclist I can say that your accident is very common with bikes. It is the #1 muncher of bikes...cars divebombing into parking spaces and driveways.

    The big determiner might be the cars speed while turning in front of you. What was it?
    Was his blinker on?
    Were his brake lights on?
    Was there ample room on his right side to ride...like where a bike would legally ride?

    Bikes legally overtake cars on the right everyday. This reasonably makes where you were riding a 'lane' for bikes. The fact that your cycle had a motor shouldn't go against you.

    Also FYI: If it is your fault and a lot of damage was done to the car, your car insurance will not cover it. They likely will not even speak to the other insurance co for you. But your homeowner's policy will pay for the damage. They may even defend/represent you against the other insurance co. Definitely try it.
    I was actually riding an electric bike, but it is faster than a normal electric bike so I just said motorcycle to simplify things.

    I have a dash cam recording but unfortunately my stupid thing stopped recording the first few minutes of each ride for some reason so I lost the video.

    I think he just dive bombed the turn at the last minute, but I was riding along side of him for a few seconds on his right before he turned in front of me. I turned with him to try and avoid him and fell into his car sideways. My rear hit his car and bent my footpeg bracket, not that big of a deal.

    If he slowed up to turn then I would have probably not hit him, he really just dive bombed into the driveway probably at the last second.

  3. #13
    Join Date
    Sep 2010
    Posts
    19,891

    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    It doesn't matter. A driver in the right-most lane (well the only lane in this case) isn't under any obligation not to turn right. You were either illegally passing him on the right or just following too close when he slowed or turned. Either way I'm not seeing this as 100% your fault.

    Even if you were on an old-fashioned pedal it yourself bike you are to blame.

  4. #14
    Join Date
    Feb 2020
    Posts
    734

    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    Quote Quoting LawLearner
    View Post
    I was actually riding an electric bike, but it is faster than a normal electric bike so I just said motorcycle to simplify things.

    I have a dash cam recording but unfortunately my stupid thing stopped recording the first few minutes of each ride for some reason so I lost the video.

    I think he just dive bombed the turn at the last minute, but I was riding along side of him for a few seconds on his right before he turned in front of me. I turned with him to try and avoid him and fell into his car sideways. My rear hit his car and bent my footpeg bracket, not that big of a deal.

    If he slowed up to turn then I would have probably not hit him, he really just dive bombed into the driveway probably at the last second.
    If you have been on this site since 2016 you will know that these guys like to scare people and tell them they are at fault and have no chance of ever winning in court, even though most of them have never seen the inside of a courtroom.

    What you describe is what scares the hell out of me when I'm riding. A car can do that turn without using blinkers, brakes or even slowing down first, which are indicators that they are about to 'dive-bomb.' I almost takes a psychic ability see something like that before it happens.

    Let's see if these guy's opinion changes when they see you were actually on a bike. I bet it won't change their opinion. They will just say you at fault for some other reason.

    If you were driving the car, they'd say it was your fault. If you were riding the bike, they'd say it was your fault. Nice bunch of guys here, huh?

    Quote Quoting flyingron
    View Post
    It doesn't matter. A driver in the right-most lane (well the only lane in this case) isn't under any obligation not to turn right. You were either illegally passing him on the right or just following too close when he slowed or turned. Either way I'm not seeing this as 100% your fault.

    Even if you were on an old-fashioned pedal it yourself bike you are to blame.
    Bikes regularly travel between traffic and parked cars. It is where we ride. Cars cannot legally, abruptly change lanes without a blinker and mow down bikes where they legally ride... and legally leave them for dead. Being in a car's blind spot does not make the bike at fault. It makes the car MORE at fault for not looking over his shoulder before executing a turn.

  5. #15
    Join Date
    Sep 2016
    Posts
    26

    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    Harold: Yes I am very aware that many people on the forums are 100% wrong when it comes to accident cases.

    I had a lawsuit which got me 6 figures because someone chased me into a public area. Yes, I was riding an illegal electric bike. Yes, I was not suppose to even go into that area with my bike. Yes, I was riding in a prohibited area and with a bike that should have been registered. Yes, I was running from this guy who was chasing me. It all did not matter one bit in the lawsuit and I got over $200,000 dollars.

    Everyone who heard the story told me I was 100% at fault also. The lawyer on my case was the only one who told me I had a good case and that "nobody can cause you an accident". He used a story about if I was throwing rocks through someones window and then the guy chases me and I get hurt, I could sue him because he had no right to case me and cause an accident by being negligent.

    This is why I don't think the guy should not have turned in front of me like that on my bike. It was so quick and he obviously did not look or slow down, I doubt he even used his blinkers because I would have seen that.

    Its crazy how the law actually works in these situations but it surely doesn't matter about the rules of the road 100% of the time. It matters about common sense. You simply do not turn in front of someone, it doesn't matter if the other person is doing something illegally. It is common sense to always check to the right of your car before turning, there could always be someone there and you have a duty to check.

    The biggest thing is that if the driver who turned in front of me said he did not see me to his right then he was not aware of his surrounding. So the guy loses, you have to remember he turned in front of me, something you should not do if someone is directly beside you.

    Imagine if the law was that you could do anything you want if the other person is doing something illegal. That would mean I could just rear end someone if they are in the wrong place or don't have a license plate.

    It is so true that so many people are wrong on this forum. I remember I had a case where I got a ticket for failure to yield to a pedestrian. I was told by everyone I would never win the case even though I showed the video from a dash cam and said that I really didn't cross in front of him. I actually won that case in traffic court.

    I still ask my questions to hunt for ideas and different perspectives, and it is useful to still ask. Most people have to be careful though because I have personally found that I am usually given wrong advice.

  6. #16
    Join Date
    Jul 2018
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    2,730

    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    Quote Quoting flyingron
    View Post
    Either way I'm not seeing this as 100% your fault.
    I think this is exactly the opposite of what you intended to write.

  7. #17
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    Oct 2016
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    4,301

    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    LawNOTLearner,

    If you were beside the car how do you know if the driver did or did not have his turn signal on?

    And if you have such a great lawyer give him a call and stop wasting the time of people you say are 100% wrong.

    You and Harold make a great couple. You two should hang out.

  8. #18
    Join Date
    Jul 2018
    Posts
    2,730

    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    Quote Quoting LawLearner
    View Post
    The one thing that I'm curious about is that even if someone does something stupid, you shouldn't turn in front of them. You should also be in control of your car at all times.
    That's true. That's why I asked, "Do you have any reason to believe that this person knew you were riding 'close to his right side'?" Unfortunately, you chose not to answer that question.


    Quote Quoting LawLearner
    View Post
    just wondering how fault would be determined in this situation.
    Most likely by negotiation between your liability insurer and the other driver's liability insurer.

    Quote Quoting adjusterjack
    View Post
    You rode right up into his blind spot
    That's not a reasonable inference from what the OP wrote.

  9. #19
    Join Date
    Feb 2020
    Posts
    734

    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    Quote Quoting LawLearner
    View Post
    Harold: Yes I am very aware that many people on the forums are 100% wrong when it comes to accident cases.

    I had a lawsuit which got me 6 figures because someone chased me into a public area. Yes, I was riding an illegal electric bike. Yes, I was not suppose to even go into that area with my bike. Yes, I was riding in a prohibited area and with a bike that should have been registered. Yes, I was running from this guy who was chasing me. It all did not matter one bit in the lawsuit and I got over $200,000 dollars.

    Everyone who heard the story told me I was 100% at fault also. The lawyer on my case was the only one who told me I had a good case and that "nobody can cause you an accident". He used a story about if I was throwing rocks through someones window and then the guy chases me and I get hurt, I could sue him because he had no right to case me and cause an accident by being negligent.

    This is why I don't think the guy should not have turned in front of me like that on my bike. It was so quick and he obviously did not look or slow down, I doubt he even used his blinkers because I would have seen that.

    Its crazy how the law actually works in these situations but it surely doesn't matter about the rules of the road 100% of the time. It matters about common sense. You simply do not turn in front of someone, it doesn't matter if the other person is doing something illegally. It is common sense to always check to the right of your car before turning, there could always be someone there and you have a duty to check.

    The biggest thing is that if the driver who turned in front of me said he did not see me to his right then he was not aware of his surrounding. So the guy loses, you have to remember he turned in front of me, something you should not do if someone is directly beside you.

    Imagine if the law was that you could do anything you want if the other person is doing something illegal. That would mean I could just rear end someone if they are in the wrong place or don't have a license plate.

    It is so true that so many people are wrong on this forum. I remember I had a case where I got a ticket for failure to yield to a pedestrian. I was told by everyone I would never win the case even though I showed the video from a dash cam and said that I really didn't cross in front of him. I actually won that case in traffic court.

    I still ask my questions to hunt for ideas and different perspectives, and it is useful to still ask. Most people have to be careful though because I have personally found that I am usually given wrong advice.
    Outstanding post!!! Too bad it will likely fall on deaf ears.

  10. #20
    Join Date
    Mar 2013
    Posts
    18,308

    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    Quote Quoting PayrolGuy
    View Post


    You and Harold make a great couple. You two should hang out.

    And start a support group.

    Idiots Anonymous.

    "Hi, I'm Harold, I've been an idiot all my life."
    "Hi, Harold."
    "It's been 3 minutes since I last said something stupid."
    "Oooh, Harold, please tell us about it."

    Made myself laugh there.

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