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?

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4 Lawyer Answers

Steven M. Sweat

PREMIUM
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

Answered
  • Riverside, 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

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

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...

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