What constitutes reckless driving on a motorcycle?

Hello All,

I'm wondering if I can get a feel for what constitutes reckless driving on a motorcycle ..say if you were to be in a motorcycle accident with a cage?


Scenerio #1 A cage turns left in front you. The cage sees you a ways away and thinks they have time to turn. Obviously this is a judgment call for the cage driver. Also say the motorcycle is going 30+ mph over the speed limit in a 35mph zone. (and the cycle is coming over a rise so the cage definitely has limited vision) Being a motorcycle it is difficult for the cage to get a good depth perception of your speed.

Who is @ fault?

What constitutes reckless driving on the cycle riders part?

Why do you think we have speed limits in residential areas?

I say both are at fault if not more so the motorcycle rider... riding way over the speed limit.. too fast to stop in conditions of children running out? Cars pulling out? After all this is a residential area with a speed limit clearly posted.

 

I am guessing a bike hit you in your cage?

 

Not me...my 3rd Gen is still mint.

but yes.. I know of an incident...

The details are irrelevant at this time. Do you have any comments on the scenario?

 

All a bit too vague for me. Plus, you really need the opinion of someone who matters, like a cop, judge, or a lawyer. Seek that advice out and you'll be way better off than getting opinions from people that don't really matter.

Good luck...I hope whatever-it-is works out ok.

 

To Vague?

I'm specifically looking for the point of view of an honest fellow VFR rider?

What constitutes reckless driving of a motorcycle?

I know what the law says. The left turn law is pretty clear... but there is room for variations. I think a cycle speeding twice the limit in a residential area has a fault in the scenario too? What do you think?

 

Consider this all a hypothetical.

 

In cases I've heard of it is always the person in the most wrong who is charged. In this particular case the cage would not be at fault simply because they acted on an assumed speed of all traffic on the road. Had the cyclist not been speeding the incident would not have occurred. Same thing with drunk driving, the drunk always assumes liability even if they were not the direct "cause" of the incident. So when grossly speeding, whatever happens is the speeders fault, even if totally out of their control. If they were going say 5 over, there would be leeway cause that could be considered reasonable. Another example- a motorist is driving the speed limit but it is raining. They hydroplane and crash, "too fast for conditions" and possibly a wreckless driving charge. People don't understand the risk they assume when operating a vehicle on public roads. And unfortunately they drive that way too.

 

If the bike is traveling at 35mph, he's got a hella better chance of stopping/avoidance than at 65mps. So yes, the motorcycle rider is partially at fault, IMO.

 

Is 30mph over the posted limit "reckless driving?" IMO it is in any residential area.

 

I for one don't mind taking a stand...

My personal feeling is that the motorcycle rider has WAY more fault here. The cager made a judgement call to make a left turn most likely based on his experience on how fast it typically takes a vehicle to get from where the motorcycle was spotted to where the cage is. He probably KNEW he had plenty of time. When a vehicle is coming "toward" you, you don't have a good concept of how fast the vehicle is going until they are pretty darn close... especially when the vehicle is as small as a motorcycle. I have experienced this myself, as I'm sure you all have. So, the guy made his turn with a certain understanding of when the motorcycle would reach his area, based on FACTS he knows to be true. The motorcycle rider was riding in such a way to skew those facts, unbeknownst to the cager. Now, a more cautious person may have decided to wait just because it IS a motorcycle and not have a desire to take a chance, but I don't think a cager should take full blame when a motorcyclist decides to break the law to his own detriment. Does it constitute wrecless driving? I don't know that answer, but I DO feel the motorcyclist needs to accept some of the responsibility on something like that.

 

Yes.. finally some reasonable comments.. Thank YOU!

I agree.. the cycle speeding is partly at fault. IMHO.

 

why wouldn't the motorcycle just use some evassive manuvers since this is "hypothetical" reckless driving is a judgement call for the officer involved. i have gotten reckless driving tickets for 20 over and not gotten them for 35 over. so it's a judgement call for the officer and judge.

 

Ok. My opinion? I think both would end up with a citation. But, it really doesn't matter what we think or you think...it matters what a cop thinks. And then it matters what the judge thinks. And what the insurance company thinks.

I hope it all works out ok.

 

the rider is at fault for being a squid and probably wearing flip flops while riding out of their abilities.

 

I am sorry you had to wait a smidge over one and a half hours on a Monday morning to get your answer. I didn't realize you wanted your opinion parroted back to you. I mistakenly thought you were truly interested in what others had to say about your issue.

 

In this case the rider was in full gear. Being... a squid... that is likely...

I agree this is all up to the courts... and in this case... I say the cage driver should have had a good attorney. Because clearly this is reckless driving on the cycles part.

This all assumes that both drivers were not under the influence of anything @ the time.

 

wrong!!!!!!!!!! cage fualt any vehicle crossing another lane does not have right of way;;; unless there is a green arrow................................................but the motorcyclist must always consider that the cage wins every time..

 

I was thinking the same thing... an experienced rider would have seen the guy getting ready to pull out and would have most likely slowed way down ahead of time. If not, they would have pulled a wheelie and just jumped over the car, no problem. This guy was obviously a squid who had no clue and just wanted to feel cool. Hope his road rash wasn't too bad.

 

You are correct... by law...

but the courts can determine the other way I believe based on certain criteria? Witnesses of excessive speeding by the cycle etc? at least I would hope that would be the case???

Again.. I am just a 3rd party.. I have no connection with this scenario.. but I think it is an EXCELLENT topic to discuss and get the opinions of HONEST cycle riders.

 

No worries mate....