A weekend motorcycle fatality, in Illinois, highlights an issue that A Brotherhood Aimed Toward Education (ABATE) has been trying to address for several years. An ABATE spokesman says that he tells bikers to drive as though they are invisible.
According to the ABATE spokesman, 75 percent of motorcycle accidents involve at least one other vehicle. Of those, the driver of the other vehicle is cited for a right-of-way violation 60 percent of the time. The rally organizers are hoping that the weekend event will serve as a reminder to motorists to be aware of motorcyclists.
The Illinois State Police report indicated that a woman pulled out in front of a motorcycle heading west on U.S. 6 in Colona. The motorcyclist had no time to stop and crashed into the passenger side of the vehicle. The rider and his passenger were both thrown from the bike. The motorcyclist was declared dead at the scene. His passenger was taken to a nearby hospital and listed in critical condition.
There is no information as to whether the woman driving the car was cited for anything. The family of the man who was killed in the accident might decide to file a wrongful death lawsuit. The family's lawyer might argue that the woman driving the car failed to yield the right-of-way to the motorcyclist.
In cases such as this one, where it may not be clear who is at fault, a lawyer might choose to present evidence in the form of pictures or police reports that support the argument that the driver of the car is to blame. If the evidence is convincing, the judge might be persuaded to award damages to the family.
Source: Quad-City Times, "Rally-goers respond to biker", Barn Ickes, June 15, 2013