Who is at Fault When a Car Makes a Left Turn in Front of a Motorcycle in Vermont? Most of the time the driver of the car would be at fault and the motorcycle operator who was hit would be able to pursue a negligence claim against the car driver’s insurance company.
However, if the motorcycle operator was exceeding the speed limit it’s possible she or he might be comparatively negligent.
When someone gets hurt in a car accident, deciding who’s at fault is often a difficult task. Of course, there are some accidents in which it’s pretty obvious where to put the blame, but many times it’s not so clear: enter comparative negligence.
Suppose we have two drivers: Abby and Brian. Abby stops at a stop sign and prepares to turn left onto a busier road with no stop sign. She looks both ways multiple times, and decides to make her turn when the road seems to be clear. Meanwhile, Brian barrels down the road 20 miles per hour over the speed limit. He’s unable to slow down and slams into Abby’s car.
Here, both parties share some of the fault: Brian definitely should not have been speeding, but Abby should have been a bit more attentive and cautious before making her turn. So who is responsible?
Vermont follows the modified comparative fault model, which follows the 51 percent bar rule. In states adhering to the 51 percent rule, a party may not recover if he or she is 51 percent at fault.
So who is at fault in this car versus motorcycle crash that happened on Fort Bridgman Road in Vernon, Vermont? The Vermont State Police are still investigating so it remains to be seen who is at fault. If you, a family member or a friend are injured in a car accident please David Polow seven days a week at 802-888-7707 for a free consultation about your car accident.
August 22, 2020
Westminster Barracks / Motor Vehicle Crash with Injury
STATE OF VERMONT
DEPARTMENT OF PUBLIC SAFETY
VERMONT STATE POLICE
MOTOR VEHICLE CRASH
RANK/TROOPER FULL NAME: Trooper Alexander Sidor
DATE/TIME: August 22, 2020 at 11:58 A.M.
STREET: Fort Bridgman Road
LANDMARK AND/OR CROSS STREETS: Tyler Hill Road
ROAD CONDITIONS: Dry
OPERATOR: Jaclyn Root
SEAT BELT? Yes
CITY, STATE OF RESIDENCE: Guilford, Vermont
VEHICLE YEAR: 2020
VEHICLE MAKE: Jeep
VEHICLE MODEL: Cherokee
DAMAGE TO VEHICLE #1: Passenger side rear tire and rim. Vehicle is operable.
OPERATOR: Robert Mosgrove
SEAT BELT? No, Motorcycle
CITY, STATE OF RESIDENCE: Marlboro, Vermont
VEHICLE YEAR: 2012
VEHICLE MAKE: Harley Davidson
VEHICLE MODEL: XL1200C Motorcycle
DAMAGE TO VEHICLE #2: Left side- scrapes to the leather seat, gas tank, gear
shift lever, and handle bars.
INJURIES: Laceration to the head, several broken ribs, and several other non life threatening injuries.
HOSPITAL: Dartmouth Hitchcock Medical Center, Lebanon, NH.
SUMMARY OF CRASH:
On 08/22/2020 at approximately 11:58 a.m. Vermont State Police received a report
of a motor vehicle crash involving two vehicles in Vernon.
Upon arrival, Troopers discovered a motorcycle (vehicle #2) and Jeep Cherokee
(vehicle #1) were the two vehicles involved in the crash.
Vehicle #1 was attempting to turn left onto Tyler Hill Road from Fort Bridgman
Road and Vehicle #2 was traveling south bound on Fort Bridgman Road when the two
Vehicle #2 struck the rear passenger side of Vehicle #1. The operator of the
motorcycle sustained multiple incapacitating injuries and was transported by
ambulance to the Brattleboro Memorial Hospital and then taken by DHART
helicopter to Dartmouth Hitchcock Medical Center.
The State Police were assisted at the scene by the Vernon and Guilford Fire
Departments, and Rescue Inc.
There is an ongoing investigation into how this crash occurred. Anyone with
information regarding the crash is encouraged to call the Vermont State Police
barracks in Westminster.
at 8/22/2020 04:15:00 PM
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