In many motorcycle left turn accidents, where the car driver fails to see a motorcycle, insurance companies often resort to a formula that unfairly blames the motorcyclist.
These same carriers then rely on this formula to compensate injured motorcyclists less than they deserve for the emotional hardships and physical suffering that accompany accidents.
How Fault is Determined in Motorcycle Left-Turn Accident Crashes
The formula that insurance carriers use when a left-turn motorcycle collision occurs depends on where the point of impact is situated on the vehicle that was making a left turn. If the point of impact is on the front of the vehicle, carriers routinely admit all or nearly all of the faults to the car’s driver.
The further the point of impact is towards a vehicle’s rear, the more likely that a crash will be found to be a motorcyclist’s fault.
Who Holds the Fault When Cars Turn Left in Front of Motorcycles
If a vehicle performs a left turn in front of a motorcycle, the motorcyclist is seldom found to be at fault. Instead, in these cases, the driver of a vehicle is often found to be 100% at fault for the crash.
Many times, when left-turn crashes occur, motorcyclists strike cars. In fewer cases of crashes, motorcycles are struck first by cars.
Left-turn crashes are the most common type of motorcycle crash. Most motorcycle accident cases involve bikers who strike a car while performing a left-hand turn. The second most common type of motorcycle crash besides left-turn accidents involves motorcyclists who are cut off by cars.
Left-turn accidents are caused by motor vehicle drivers, even in situations where motorcycles strike cars first. Many people are surprised to learn that whether a motorcyclist strikes a car first or if the car’s driver strikes the motorcycle has nothing to do with determining who caused the crash.
Insurance carriers sometimes claim representatives wrongly believe that if motorcyclists strike a car, the motorcyclist is automatically to blame. At Law Office of Cohen & Jaffe, LLP however, we’ve handled countless motorcycle accident cases and appreciate that who is responsible for an accident has nothing to do with it. Even if a motorcyclist strikes a vehicle, the car’s driver is almost always at fault.
Many times, we have successfully obtained summary judgment from the New York Supreme Court ruling that the diver is 100% at fault for an accident. In these situations, juries are never tasked with deciding who is responsible for an accident. Juries are told that a vehicle’s driver was 100% at fault, which entitles parties to receive 9% interest.
Why Drivers Fail to See Motorcycles
Left-turn accidents where cars, SUVs, or trucks make left turns in front of motorcycles occur for several reasons, which include:
- The driver failed to see the motorcycle
- The driver was attempting to beat traffic.
- The driver saw the motorcyclists but believed there was adequate time to turn and now says the motorcycle was speeding.
- The driver thought the motorcyclist would stop in time. Car drivers don’t understand that motorcyclists cannot stop as fast as cars.
In each of these cases, the car violated the biker’s right-of-way. Also in each of these situations, the motorcyclist could not possibly have avoided the accident.
Contact Points Between Motorcycles and Cars and Fault Determinations
Insurance carriers rely on exact formulas to assess which party is responsible for left-turn accidents. These formulas are often wrong, though. Carriers consider the contact point on vehicles where motorcycles are hit. Carriers believe that the closer to the rear of a vehicle a motorcycle is struck, the more likely the accident is the motorcyclist’s fault.
This means that if a motorcycle strikes a front bumper, the car driver is determined to be responsible. This also means that if a motorcycle is struck further toward a car’s door, the insurance carrier will decide the accident is somewhere between 20% and 50% the motorcyclist’s fault.
If a motorcycle collides with a car’s rear, the insurance carrier will decide the accident is the motorcyclist’s fault. This is also an incorrect assumption. Even in situations where a motorcycle collides with the rear of a left-turning vehicle, the driver making a left-hand turn can still be 100% responsible for the collision.
Insurance carriers often ignore basic physics as well as other details. When necessary, our team of accident attorneys is prepared to reconstruct how an accident occurred and provide a detailed report stating exactly how and why the car’s driver was at fault as well as where the motorcycle collided with the car’s rear bumper.
New York Law Addressing Left Turn Accidents
When left-turn accidents occur, the most commonly violated law is New York State Vehicle and Traffic Law § 1141. Section 1141 states that the driver of a vehicle intending to turn left within an intersection, alley, private road, or driveway is required to yield to any approaching vehicle from the opposite direction within the intersection or close enough to represent an immediate hazard. Several other relevant laws might also apply.
Speak with an Accident Attorney Today
Left-turn accidents have caused a large number of accidents over the years and have left countless motorcyclists facing lingering injuries that have lasted years or even a lifetime.
These left-turn accidents have also resulted in countless fatalities. Unfortunately, as we have seen, just because left-hand accidents occur, this does not mean that motorcyclists are automatically to blame.
Instead, motor vehicle drivers are routinely the ones responsible for these accidents. If you or a loved one is the victim of a crash involving a left-hand turn, you should not hesitate to speak with an experienced attorney.
In these situations, you should not hesitate to contact the experienced lawyers at The Law Office of Cohen & Jaffe, LLP today to schedule a free case evaluation. Our team of experienced accidents have the necessary experience and skills to make sure that your case results in the best possible outcome
