What is a Motorcycle Right of Way Violation?
Motorcycle right of way violation occurs when a driver fails to yield to a motorcyclist where required, potentially leading to collisions. Common scenarios include failing to stop at red lights or stop signs, not yielding at crosswalks or intersections, and ignoring signals from other drivers. The consequences of a right of way violation can be severe, especially for motorcyclists, who are more vulnerable to injury or death in accidents.
The most typical automobile-motorcycle collision occurs when an automobile maneuvers into the path of an approaching motorcycle by violating the motorcycle’s right of way. It is important for all drivers, including motorcyclists, to obey traffic laws and be aware of their surroundings to prevent accidents and protect everyone who shares the roads.
The severity of injuries resulting from right of way violations can vary greatly depending on factors such as the speed of the vehicles involved, the angle of impact, and the use of safety equipment like seat belts or helmets. Injuries can range from minor cuts and bruises to fractures, spinal cord injuries, traumatic brain injuries, or even fatalities.
Right of Way Violations in California
Right of way violations are a leading cause of traffic accidents in California. According to the California Highway Patrol (CHP), automobile right-of-way violations were the top factor for fatal and serious injury collisions in 2020. Improper turning was the next significant factor, with the Wrong Side of the Road, Unsafe Speed, and Traffic Signals and Signs as other notable contribution factors. Here are some statistics on right of way violations in California:
- In 2020, there were over 1 million right of way violations reported to the CHP.
- Right of way violations accounted for over 20% of all fatal and serious injury collisions in California.
- The most common right of way violations involved drivers failing to yield to pedestrians, cyclists, and other vehicles.
- Right of way violations are more likely to occur at intersections, driveways, and crosswalks.
Right of way violations can have serious consequences. They can lead to accidents that result in injuries or death. They can also result in property damage and financial losses. If you have been injured in a right of way violation accident, you may be entitled to compensation. You should speak to an experienced personal injury attorney to discuss your legal options.
What to Do If Involved in a Motorcycle Right of Way Violation Accident?
In California, motorcycles are generally entitled to the same rights and are subject to the same responsibilities as other vehicles on the road. Right-of-way violations involving motorcycles are taken seriously, and if you witness such a violation, you can take the following steps:
- Ensure safety: As mentioned earlier, prioritize safety and move to a safe location away from traffic if you are directly involved in the situation.
- Gather information: Collect relevant details about the incident, including the date, time, and location. Note down the license plate number and make and model of the vehicles involved. If possible, take photographs or video footage of the incident.
- Note witnesses: Identify any witnesses who observed the violation. Obtain their contact information, as their statements may support your case or provide additional information.
- Report the incident: Contact local law enforcement to report the violation. You can either call the non-emergency police number or visit the local police station to file a report. Provide them with all the information you have gathered, including witness statements and any supporting evidence.
- Cooperate with authorities: If the authorities investigate the incident, provide them with your statement and any evidence you have collected. Be cooperative and provide accurate information to assist their investigation.
It’s important to note that specific laws and procedures may vary, so it’s advisable to consult with local authorities or legal professionals for precise information regarding motorcycle right of way violations in California.
California Laws on Motorcycle Right of Way Violation Accidents
In California, motorcycle riders have the same rights and responsibilities as other motorists on the road. In cases of motorcycle right-of-way violation accidents, several claims and rights may come into play. Here are some key points to consider:
- Negligence claims: If a motorist fails to yield the right of way to a motorcycle and causes an accident, the injured motorcyclist may have the right to pursue a negligence claim against the at-fault driver. To establish a successful negligence claim, the injured party generally needs to prove that the driver owed a duty of care, breached that duty, and the breach directly caused their injuries.
- Comparative negligence: California follows a comparative negligence system, which means that fault can be divided among the parties involved in an accident. The injured motorcyclist’s compensation may be reduced based on the percentage of fault. For example, if it is determined that the motorcyclist was 20% at fault for the accident, their compensation would be reduced by that percentage.
- Right-of-way laws in California: California has specific right-of-way laws that govern the interactions between vehicles, including motorcycles. California Vehicle Code (CVC) section 21800 outlines general right-of-way rules, while other sections address specific situations such as left turns, intersections, and pedestrian crossings. Violating these laws can result in legal consequences for the at-fault driver.
- Insurance coverage: In California, motorists are required to carry liability insurance that provides coverage for bodily injury and property damage. If a motorcyclist is injured in a right-of-way violation accident, they may be entitled to compensation from the at-fault driver’s insurance company. Additionally, the injured motorcyclist may have their own insurance policies, such as uninsured/underinsured motorist coverage, that can provide additional compensation.
Right-of-way laws vary by jurisdiction, but generally, motorcycles have the same rights and responsibilities as other vehicles on the road. However, due to their smaller size and increased vulnerability, it’s crucial for motorists to be aware of and respect the rights of motorcycles.
Pacific Attorney Group Can Help You
If you have been involved in a motorcycle accident due to a right-of-way violation in California, consult with our right of way violation motorcycle accident lawyer who has knowledge about California’s traffic laws. They can provide guidance on your specific situation, evaluate potential claims, and help protect your rights throughout the legal process. Speak with our attorney to get accurate and up-to-date information regarding your rights and potential claims in motorcycle right-of-way violation accidents in California.