QuestionAuto vs m/c accident. 17 y/o high school student riding a 1989 Yamaha he had owned for appx 1 week. Boy had some off road experience but little experience in traffic, no licence or m/c training. Parents aware he was riding bike on street and did not object.
Auto driver pulls out from stop sign leaving his residential neighborhood, fails to see m/c which is approaching at 60+ mph in a 50 mph zone. Unknown if this Yamaha had headlight on.
M/C leaves about 55' front wheel skids before it goes down. M/C travelled another 150' after it collided with car. Witnesses don't thik rider hit car but m/c did glance off the rear corner of car as it careened down the street. M/C rider dead at scene.
In evaluating fault, what are the issues. What can an expert such as you add to a jury's understanding of the issues.
AnswerThis is a complex question that may require more than Internet correspondence. (If you want to talk in person, feel free to look up my work phone number at www.motorcyclesafety.org under "contact us".)
Overall, no matter how stupid the rider was (there's no law against being stupid), that particular crash would not have happened if the car driver hadn't violated his right of way.
Many states are now assessing criminal penalties to drivers who do this and cause injury or fatality to another motorist, as you probably well know. I've also heard (rumor, anecdote) that in some states speeding makes you automatically at fault in a crash. You'd know better than I.
However, it is my opinion based on what you've told me that a crash was bound to happen, i.e. "that kid was asking for it." The one that killed him just happened to be somebody else's fault.
17 y/o: high risk statistically for any driving related injuries/fatalities. Motorcycles make this even more so because the rider is so vulnerable.
Owned bike one week: statistically, new bikes or those that are new to a particular owner take time to get used to, and crashes are more frequent in the first 5-6 months.
Dirt bike expereience: off road and on road motorcycling are apples and oranges. True, the balancing of the bike and the controls are pretty much the same, but the strategy, traffic management, traction managment, protective gear needed, and handling skills are entirely different.
No license or training: again, statistically more likely to be involved in a crash. It is generally illegal to operate a motorcycle without a license or permit. Also, having demonstrated basic handling skills to an examiner or instructor (to earn the license or permit) would imply that the rider at least has knowledge of the skills needed to ride safely, though whether the rider has the wherewithal to actually USE them is another matter entirely.
You'd know his parents' obligations, legally, better than I. I think the undertone in this legal system is kids are not able to make decisions for themselves until they're 18.
Auto driver violates motorcycle rider's right of way. Totally the auto drivers' fault. (A smart rider can predict this happening and be prepared, but as I said, there are unfortunately no laws against being an idiot rider.)
Daytime headlight use is not required in all states and certainly doesn't prevent all crashes.
Speeding makes anyone, car or motorcycle, statistically more likely to have a crash. Less time and distance to evaluate and react to road situations. I have never met anyone who was not guilty of speeding at one time or another.
Skid marks: the signature of an untrained, unskilled rider. Proper technique (training) allows the rider to slow the bike rapidly without skidding the tires--this can help prevent the crash or at least buy time to make another decision. Stupid technique immediately locks up the tires and causes the rider to lose control of the speed and direction of the motorcycle. A bike stops a lot faster on its wheels than on its side.
There are lots of cases in which a motorist pulls out in front of a bike and the rider crashes trying to avoid the car by locking up the brakes, many times without ever colliding with the right-of-way violator. This is the classic case of "if someone knew how to control their bike, the crash would probably not have ever occured." This still does not absolve the car driver from causing the crash.
Hope that helps. Sorry to hear that someone lost their boy.
Pat
