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  1. #1
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    Default While Driving My Motorcycle Someone Turned in Front of Me

    My question involves an injury that occurred in the state of: New York

    OK, here is the story. I'm just wondering who was at fault.

    I am riding a small motorcycle down a one lane street. I decided to ride close to his right side for a few seconds, kind of like passing him on his right side to avoid being seen by someone in another car in the opposite lane.

    While doing this he decides to turn into a drive way, therefore cutting me off. I rammed into the side of his car, probably square in the middle as I turned right also to avoid him. SO the side of my bike hit his side.

    There were no injuries, my left shoulder does hurt a bit as I guess I hit my shoulder into the side of his car but I think it will be fine. My left foot peg was completely bent down as I guess my foot peg must have went right into his door.

    Am I at fault because I decided to ride on his right side? I probably would have eventually passed him on the right.

    Is he at fault because he should not have turned in front of me, even though I was directly to the right of his car in a one lane street?

    Would I be responsible for any of his damage to his car in this case?



    Thanks.

  2. #2
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    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    To be clear, you were riding to the right of a car in a one lane street? In their lane, next to them? That's a pretty dangerous place to be, especially since it sounds like you crept up on them from behind. I say this as an experienced cyclist and as a biker. I'd also say that this is one that will be parsed out by the insurance companies with the other guy's saying that you're guilty and yours (you do have insurance, right?) saying that they are guilty and they would both be right...sort of. If you squint a bit and look at this mess sideways.
    "Where do those stairs go?"
    "They go up!"

  3. #3
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    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    Quote Quoting LawLearner
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    I am riding a small motorcycle down a one lane street. I decided to ride close to his right side for a few seconds, kind of like passing him on his right side to avoid being seen by someone in another car in the opposite lane.
    To whom does "him" and "his" refer? What was this person driving? Also, the way you wrote this is confusing. If this were "a one lane street," there would be no "opposite lane," so I assume this was actually a two-lane street, with one lane in each direction. Correct? Where exactly on "his" right were you riding? Do you have any reason to believe that this person knew you were riding "close to his right side"? Also, why would you be driving in a way as "to avoid being seen by someone in another car in the opposite lane"?


    Quote Quoting LawLearner
    View Post
    Am I at fault because I decided to ride on his right side? I probably would have eventually passed him on the right.

    Is he at fault because he should not have turned in front of me, even though I was directly to the right of his car in a one lane street?

    Would I be responsible for any of his damage to his car in this case?
    You obviously bear some of the fault because you clearly were not riding your motorcycle in a safe manner. How much depends on how you answered the questions I asked.

  4. #4
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    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    I can't cite the exact section, but if memory serves me correctly, New York prohibits lane splitting (two vehicles sharing the same lane).

    If you puled up from behind and were riding adjacent, in the same lane, on his right and in his blind spot, you are definatly at fault.

  5. #5
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    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    Quote Quoting LawLearner
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    Would I be responsible for any of his damage to his car in this case?
    Yes. 100%

    See NY Vehicle and Traffic Section 1123:

    S 1123. When overtaking on the right is permitted. (a) The driver of a
    vehicle may overtake and pass upon the right of another vehicle only
    under the following conditions:
    1. When the vehicle overtaken is making or about to make a left turn;
    2. Upon a street or highway with unobstructed pavement not occupied by
    parked vehicles of sufficient width for two or more lines of moving
    vehicles in each direction;
    3. Upon a one-way street, or upon any roadway on which traffic is
    restricted to one direction of movement, where the roadway is free from
    obstructions and of sufficient width for two or more lines of moving
    vehicles.
    (b) The driver of a vehicle may overtake and pass another vehicle upon
    the right only under conditions permitting such movement in safety.
    Such movement shall not be made by driving off the pavement or
    main-traveled portion of the roadway, except as permitted by section
    eleven hundred thirty-one of this article.

  6. #6
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    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    Yes this is a two lane, one lane going in each direction. I said one lane because my side only had one lane and to avoid confusion if he turned into my lane.

    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.

    I'm saying this because, if I see someone driving illegally, I just can't cut him off and cause him to have an accident. This car should have looked and made sure it was clear before turning into a driveway on his right and cutting me off. You have to be aware at all times, especially when turning.



    I'm not saying that I'm not wrong and I could be, just wondering how fault would be determined in this situation.

  7. #7
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    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    The issue here is one of reasonableness.

    If the law prohibits lane splitting, it's not reasonable for someone to expect they might be sharing their lane with someone else when there is a single lane going in one direction. Similarly, it is equally unreasonable to expect them to see someone who is in their blind spot, which based on your description (right rear), you were.

    I'll give you points for creativity, but you're not going to win this one.

  8. #8
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    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    Quote Quoting LawLearner
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    I'm saying this because, if I see someone driving illegally, I just can't cut him off and cause him to have an accident. This car should have looked and made sure it was clear before turning into a driveway on his right and cutting me off. You have to be aware at all times, especially when turning.
    You rode right up into his blind spot where he had every right to expect no one to be.

    Quote Quoting LawLearner
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    I'm not saying that I'm not wrong and I could be, just wondering how fault would be determined in this situation.
    100% on you.

    I can see that you don't like reading that. Didn't you have liability insurance?

  9. #9
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    Default Re: While Driving My Motorcycle Someone Turned in Front of Me

    Quote Quoting adjusterjack
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    You rode right up into his blind spot where he had every right to expect no one to be.

    100% on you.

    I can see that you don't like reading that. Didn't you have liability insurance?
    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.

  10. #10
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    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.
    Again, you aren't reading carefully! The op was not on a bicycle, they were on a motorcycle!

    The OP was lane splitting. He was overtaking the car from the rear, on the right, in the cars lane.

    While the OP doesn't state it, it's unlikely he was in a position to see the turn or brake indicators given the description. Since the OP was in the blind spot the driver of the car would not have seen the OP if he did check them. As he prepared to make a right turn. In the single lane of travel. That he was occupying.

    I recall from Driver's Ed, long, long ago, in the before time, that occupying a drivers blindspot is incredibly dangerous. I know from practice, on motorcycles and bicycles, that occupying the blind spot is dangerous.

    Again, because you like to shape the OP's narrative for your own purposes: Motorcycles ARE NOT bicycles!

    The OP was attempting to pass (or hide) on the right, not because they couldn't do it legally on the left, but because they wanted to hide from another driver.

    motorcycles are not bicycles. Just in case you missed it.

    If you think bicycles are not to blame for when they overtake cars on the right and then plow into turning or parking vehicle you'd best think again. If you like, I have a few cyclist friends you can ask about that.

    FYI, the leading cause of accidents on bicycles is inattention, on either the driver's part or the cyclist .

    Again, given the OP's description this could be a bit murky but only a bit. so, to recap, OP, you were on a MOTORCYCLE and lane splitting on the right. You were in the driver's blindspot. Knowingly. What I see here is careless operating. ON A MOTORCYCLE, NOT A BICYCLE!
    "Where do those stairs go?"
    "They go up!"

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