Auto Insurance Claims: Failure to yield liability, solar glare, sun glare


Question
Your question was

I was pulling out of a parking lot.  I looked left (west) into the sun and saw nothing, I looked right, nothing, back to left and pulled out.  About 3 feet into the intersection, coming out of the glare, I saw a motorcycle.  I stopped.  he stopped.  But he lost control and fell off of his bike. (Our vehicles did not touch. He later told me he was signaling me forward.  He suffered a separated shoulder and some minor damage to his bike.  I now find out he has hired an attorney.
I was later cited with failure to yield.  Should I fight that?  Does the solar glare and his statement that he was motioning me forward help me out?  As he had room to go around me, but lost control of his bike mean anything?  Or am I simply at fault and need to pay up?

Answer
I need a little more information.  Specifically about how he fell.  Did he come to a complete stop, put his feet down, and then fall over?  Or did he fall over as he was making an emergency stop?  If it was the former, I would say he is somewhat negligent.  If it was the latter, I would say he is negligence free and this is all on you.

The sun glare is irrelevant.  As a motorist, you need to deal with all conditions and make sure you only pull out when safe.

It also depends on the law where the loss occurred.  Is this a comparative or contributory negligence state?  If you don't know, tell me the state and I can check into it.

What has your insurance company determined?