Who Struck Who First…

philFrankel…Does it Matter?

Insurance claim representatives sometimes argue that the motorcycle struck the car to show the motorcyclist is at fault or partially at fault. They say the motorcycle was the striking vehicle.
Frequently, motorcyclists who call me mention they hit the car and think that might be considered in determining fault against them.
Which vehicle is the striking vehicle is irrelevant to determine who caused the accident. There are many examples which illustrate why it should never be considered but the following examples make the reason obvious.

In an obvious example, assume that a motorcycle is proceeding straight through an intersection with a green light and, without time to avoid the collision, hits a car which runs a red light. The motorcycle struck the car but the driver of the car is 100% at fault for running a red light.
In another example, which is the most common type of motorcycle accident, assume that a motorcycle is going straight through an intersection when a car coming in the opposite direction is making a left turn. The motorcycle often strikes the car but this is usually 80-100% the fault of the driver of the car.

In a third example a motorcycle is going straight and hits a car coming out of a driveway. This is usually 100% the fault of the driver of the car because of the same reason in most accidents, the driver never saw the motorcycle.

In each of these examples, the motorcycle is the striking vehicle but the driver of the car is at fault for causing the accident.

Claim representatives might argue that the motorcyclist is at fault because the motorcycle is the striking vehicle but using cookie-cutter methodology to determine who was at fault rarely provides a true picture of what really happened.

There are many cases like the above examples where courts have awarded Summary Judgment. This means that the court ruled that the car was 100% at fault for causing the accident even though the motorcycle struck the car. When Summary Judgment is awarded, a jury never gets to decide who is at fault and the defendant’s insurance company is liable to pay 9% interest.
If you have a question for an article, anything else, or would just like to say hello, please call Phil Franckel at 1-800-HURT-911 or send your question to Phil@HURT911.com

Philip L. Frankel Esq. and Rob Plevy, Esq. are attorneys with FRANCKEL & PLEVY, LLP representing people hurt in motorcycle and other accidents.

Disclaimer: This article should be considered advertising to represent people HURT in an accident; is for informational purposes and should not be relied upon because it could contain errors; the correct information may be different for your set of facts even though they seem similar; and is not legal advice which should only be obtained by contacting Phil Franckel, Esq. or Rob Plevy, Esq. for a free consultation to discuss your specific circumstances at 1-800-HURT-911.

See our web sites NYSeriousInjuryAttorneys.com, NYMotorcycleAttorneys.com and LIMotorcycleAttorneys.com. If you have been hurt in a motorcycle accident, speak directly to Phil Franckel 24/7 at 1-800-HURT-911 — 1-800-487-8911.