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How would you treat this accident and why
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<blockquote data-quote="tieguy" data-source="post: 93952" data-attributes="member: 1912"><p>Not enough detail in the article to render a decision Danny. This is actually a great example of the avoidability determination. At this point we have seen quite a few responses on this thread where posters offer their opinion on the avoidability determination and also motorcylists in general. </p><p></p><p>contact with the very rear of what is a fairly slow moving vehicle like a package car would seem to be a strong indication that the motorcyclist may have been at fault. </p><p></p><p>Items missing from this article would be </p><p>a) position of motorcycle in his passing lane.</p><p>b) Where the motorcycle was in relation to the package car when the pkg car driver started his turn. If he is close to center line then he is more visible then if he was more to his left line. </p><p>c) speed of motorcycle. </p><p>d) efforts made by either the motorcyclists or pkg driver if any to avoid the accident. </p><p></p><p>This clearly appears to be a scenario where another motorist is passing us as we start to make a left turn:</p><p></p><p>1) In that scenario our driver should clear his mirrors prior to starting his turn. </p><p></p><p>2) In this scenario the state police may assign fault to the motorcyclist since he should only pass another vehicle when safe to do so. </p><p></p><p>3) In this scenario the driver is responsibile for clearing his mirrors prior to starting his turn. If we are able to assess the position of both vehicles and determine the driver could have seen the passing motorist prior to starting his turn then our driver gets charged with an avoidable accident. </p><p></p><p>So in this scenario its possible that fault goes to the passing motorist while our driver is charged with an avoidable accident.</p></blockquote><p></p>
[QUOTE="tieguy, post: 93952, member: 1912"] Not enough detail in the article to render a decision Danny. This is actually a great example of the avoidability determination. At this point we have seen quite a few responses on this thread where posters offer their opinion on the avoidability determination and also motorcylists in general. contact with the very rear of what is a fairly slow moving vehicle like a package car would seem to be a strong indication that the motorcyclist may have been at fault. Items missing from this article would be a) position of motorcycle in his passing lane. b) Where the motorcycle was in relation to the package car when the pkg car driver started his turn. If he is close to center line then he is more visible then if he was more to his left line. c) speed of motorcycle. d) efforts made by either the motorcyclists or pkg driver if any to avoid the accident. This clearly appears to be a scenario where another motorist is passing us as we start to make a left turn: 1) In that scenario our driver should clear his mirrors prior to starting his turn. 2) In this scenario the state police may assign fault to the motorcyclist since he should only pass another vehicle when safe to do so. 3) In this scenario the driver is responsibile for clearing his mirrors prior to starting his turn. If we are able to assess the position of both vehicles and determine the driver could have seen the passing motorist prior to starting his turn then our driver gets charged with an avoidable accident. So in this scenario its possible that fault goes to the passing motorist while our driver is charged with an avoidable accident. [/QUOTE]
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How would you treat this accident and why
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