Motorcycle Accidents

Left Turn Accidents – Who is at Fault?

All too often motor vehicles make left turns or fail to yield at intersections causing accidents.

We acknowledge the sensation of coming up to an intersection, seeing a stopped vehicle waiting to make a left turn and then questioning yourself if the driver even notices you or if they will yield to you. Drivers in motor vehicles often cut corners, get waived through intersections by other motorists, or miscalculate motorcyclists’ speed and distance. They might even stop directly in your path of travel.

According to Texas Vehicle Code §545.101, in order “to make a left turn at an intersection, an operator shall: (1) approach the intersection in the extreme left-hand lane lawfully available to a vehicle moving in the direction of the vehicle; and (2) after entering the intersection, turn left, leaving the intersection so as to arrive in a lane lawfully available to traffic moving in the direction of the vehicle on the roadway being entered.”

Now you may think to yourself, "I don't need an attorney; it’s obvious, they turned left in front of me."Since Traffic Collision Reports in Texas are considered hearsay and cannot be admitted into evidence to prove fault, you need to know early on that the determination of fault in a Traffic Collision Report means nothing and does not need to be taken into consideration by an insurance company. This is true even if your Traffic Collision Report says the other driver was at fault.

In some cases, the insurance company and their team of defense attorneys may argue that you, an innocent motorcyclist victim, were riding at an "unsafe rate of speed" or were "negligent."

Remember that insurance companies are not in the business to pay out money to innocent victims. They may do or say almost anything to reduce their insured's liability so they do not have to pay you as much as you deserve.

It is important to note that the insurance company will argue that you were completely or partially at faulting almost every single motorcycle accident case.

Proving liability is a demanding battle even for an experienced motorcycle accident attorney, not to mention by you.

Let Carabin Shaw fight for you. At Carabin Shaw Law Firm, we have successfully handled hundreds of accidents and we can help you. 
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