Fremont, CA asked in Personal Injury for California

Q: On the highway a motorcycle in front of me wiped out

- a truck pulled in front of him and the bike swerved and went out under the guy - i hit his bike - am I at fault in any way here?

Related Topics:
4 Lawyer Answers
Steven M. Sweat
PREMIUM
Steven M. Sweat pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Los Angeles, CA
  • Licensed in California

A: Possibly. From what you describe, it would appear that the majority of fault lies with the truck driver who pulled out and caused the initial collision in violation of California Vehicle Code 21804. However, there MAY be some fault attributable to you for either following too closely (California Vehicle Code 21703) and/or traveling at an unsafe speed (California Vehicle Code 22350). Report this to your auto insurance carrier immediately if you haven't already done so and let them sort this out.

William John Light agrees with this answer

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Doesn't sound like it, but notify your insurance company of the incident in case the biker makes a claim for the reasons identified by Mr. Sweat. You may have a claim against the truck driver for property damage, but it is usually faster to go through your own collision insurance.

Dale S. Gribow
Dale S. Gribow
Answered
  • Palm Desert, CA
  • Licensed in California

A: MORE INFO NEEDED.

IT SOUNDS LIKE THE OTHER VEHICLE IS PRIMARILY AT FAULT BUT IF THEY CAN SUCCESSFULLY ARGUE YOU WERE FOLLOWING TO CLOSE OR SPEEDING YOU MAY HAVE TROUBLE.

IN ANY EVENT REPORT IT TO YOUR INS CO ASAP

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Sacramento, CA
  • Licensed in California

A: It's very hard to analyze your situation from the brief facts you present. Technically you are always suppose to drive at a speed that is safe for the conditions and even if someone stops for no reason in front of you then you should be able to stop in time based on your speed. Its hard to tell from your question exactly what happened. You might sit down for a consultation with an attorney but most likely the better route would be to submit it to your own insurance company and they will work it out. If your insurance carrier raises your rates for a claim then shop around for another carrier...

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.