My question involves an injury that occurred in the state of: Arizona
I ride a motorcycle. Was turning left into a parking lot entrance, from a designated left turn lane, unregulated intersection. Two lanes of traffic were stopped for hundreds of feet before intersection, and for hundreds of feet after intersection. (it was rush hour, near an interstate junction). The stopped traffic was blocking my entrance. As I came to a stop, a couple cars scooted up. I rolled a little forward. Another car, reflexively?, started to roll into the gap. I stopped in front of his bumper, for a pause and a look. I got under way to complete the left turn. Unobserved by me, taking a long time to complete the left turn, another driver farther back in line had jumped out of line, to pass on the right in a bicycle lane. My cycle fully emerged from my gap, smash, driver's car hit me square.
Ok. I've got injuries, smashed right foot, bike is totaled. She has a crushed bumper. I estimate she was going 30 mph, by distance me and bike were thrown.
Both of us were cited. Me for 'failure to yield", her for using a bike lane.
Accident report had a witness describe her, "speeding", and "trying to make the light" far ahead.
We both have the same large, nationwide chain insurance company.
Before accident report was issued, adjuster set liability at 70 my fault, 30 other driver. I thought that was irresponsible and not correct.
After accident report, adjuster revised it to 40 my fault and 60 for other driver. (so paying 60% of my bills for ER visit, and 60% of value of motorcycle?) I'm still not happy. I have 5 x the health and property claims as other driver (she is claiming she was injured, which is b.s. Her front end had about 2k in damage) so think insurance company is angling it down. I consider the last revision to be an 'offer' of settlement.
Understanding the nature of 'failure to yield', I think I have some things in my favor. (i'm an experienced driver/rider of 30 years. This lane situation, was novel to me) She was speeding, and she was passing on the right in an illegal lane/shoulder/bus lane/bike lane (solid white the whole way. no sharing symbols, no dotted lines ANYWHERE, ahead or behind.) I didn't even know her lane existed, all I saw was two lanes stopped. I think I used reasonable caution and could not expect the other driver to emerge from traffic and bear down on my, while I was delayed and picking my way through opening.
I think 80-20 would be fair. I would settle the case for 75-25. What are my chances of pushing the insurance company into seeing it that way?
If I retained a lawyer and took the whole situation to court, could I get a jury, instead of a judge? I think they would be sympathetic with further details that I don't want to bore you guys with. Do you think a favorable jury would settle on 80-20? 100 liability for the other driver?
I ride a motorcycle. Was turning left into a parking lot entrance, from a designated left turn lane, unregulated intersection. Two lanes of traffic were stopped for hundreds of feet before intersection, and for hundreds of feet after intersection. (it was rush hour, near an interstate junction). The stopped traffic was blocking my entrance. As I came to a stop, a couple cars scooted up. I rolled a little forward. Another car, reflexively?, started to roll into the gap. I stopped in front of his bumper, for a pause and a look. I got under way to complete the left turn. Unobserved by me, taking a long time to complete the left turn, another driver farther back in line had jumped out of line, to pass on the right in a bicycle lane. My cycle fully emerged from my gap, smash, driver's car hit me square.
Ok. I've got injuries, smashed right foot, bike is totaled. She has a crushed bumper. I estimate she was going 30 mph, by distance me and bike were thrown.
Both of us were cited. Me for 'failure to yield", her for using a bike lane.
Accident report had a witness describe her, "speeding", and "trying to make the light" far ahead.
We both have the same large, nationwide chain insurance company.
Before accident report was issued, adjuster set liability at 70 my fault, 30 other driver. I thought that was irresponsible and not correct.
After accident report, adjuster revised it to 40 my fault and 60 for other driver. (so paying 60% of my bills for ER visit, and 60% of value of motorcycle?) I'm still not happy. I have 5 x the health and property claims as other driver (she is claiming she was injured, which is b.s. Her front end had about 2k in damage) so think insurance company is angling it down. I consider the last revision to be an 'offer' of settlement.
Understanding the nature of 'failure to yield', I think I have some things in my favor. (i'm an experienced driver/rider of 30 years. This lane situation, was novel to me) She was speeding, and she was passing on the right in an illegal lane/shoulder/bus lane/bike lane (solid white the whole way. no sharing symbols, no dotted lines ANYWHERE, ahead or behind.) I didn't even know her lane existed, all I saw was two lanes stopped. I think I used reasonable caution and could not expect the other driver to emerge from traffic and bear down on my, while I was delayed and picking my way through opening.
I think 80-20 would be fair. I would settle the case for 75-25. What are my chances of pushing the insurance company into seeing it that way?
If I retained a lawyer and took the whole situation to court, could I get a jury, instead of a judge? I think they would be sympathetic with further details that I don't want to bore you guys with. Do you think a favorable jury would settle on 80-20? 100 liability for the other driver?
Traffic Accidents: Both Drivers Cited- What Percent of Liability
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