Left Turn Collisions
It is not uncommon for cars to fail to yield when making left turns. Sometimes drivers fail to notice a smaller vehicle, such as a motorcycle in a blind spot or in oncoming lanes. In some cases, a driver may also miscalculate a motorcycle's speed. If you have been hurt in a left turn collision in Dallas or the surrounding area, the motorcycle accident lawyers at Feizy Law Office may be able to help.Holding Negligent Drivers Accountable after a Left Turn Collision
Negligence may occur when someone fails to exercise a reasonable degree of care to minimize a risk of harm to someone else. If you are trying to prove a driver was negligent in a left turn collision, you would need to prove the driver's duty of care to you, his or her breach of duty, causation, and actual damages.
Texas Vehicle Code §545.101 requires a driver making a left turn to approach the intersection in the extreme left hand lane and, after entering the intersection, to turn left as soon as possible so that the intersection is clear and the driver is in the lawful lane moving in the direction of the vehicles on the road that is being entered. If a driver stays too long in an intersection, waiting to make the turn, and crashes into the motorcyclist, or if a driver tries to make the turn from a middle lane instead of an extreme left lane, he or she may be cited for a traffic violation. A citation for a traffic violation may make the driver liable under the theory of negligence per se, or it may just be evidence of a breach of duty.
In Texas, proving liability can be difficult in a motorcycle accident case. In many cases, the insurer of the larger vehicle will try to cast blame on the motorcyclist. Texas follows the doctrine of modified comparative negligence. In Texas, a motorcyclist would not be able to recover for his or her injuries if he or she was 51% or more at fault. Assuming he or she is 50% or less at fault, however, the total damages are reduced by the motorcyclist's percentage of fault.
For example, a motorcyclist may be in the middle of an intersection clearly turning left at a light. If he fails to signal his turn, and a speeding car runs through a light turning red and hits him, there may be some degree of negligence attributed to both the motorcyclist and the driver. If the jury determines that the damages are $200,000 and assigns the motorcyclist 30% fault for the accident, he would be able to recover up to $140,000 from the driver.Discuss Your Injury Claim with a Dallas Lawyer
A left turn collision on a motorcycle may be significantly more serious than the same accident would be if it involved two cars. A motorcyclist has little protection against the impact of the collision and may suffer catastrophic harm, even if the speeds involved in the accident were relatively low. An experienced injury attorney can help riders in Dallas and elsewhere in Texas seek compensation for their losses. Call Feizy Law Office at (214) 651-8686 or contact us via our online form to arrange a free consultation. We represent accident victims in Garland, Fort Worth, Arlington, Irving, and Plano, among other cities.