Hello. I crashed.

[OgreEddy]

So I crashed. We were on both the same lanes coming up on an intersection. There are 2 lanes on the street on both side of the road. We were both on the same right lane, but my right turn way coming up. I used the parallel parking spot lane to prepare for my right turn on the intersection. As I pulled up, I assumed he would go straight since he didn't turn on his signal. When I pulled up right just by the right of his vehicle, without him looking, my left front side of the bike took impact and I flew off. Total loss. Now, I am waiting for the police report to see the official statement to see if I wasn't suppose to be on that lane (parallel parking lane) to make that right on the intersection. I am asking you guys what your opinion is before I take an offer from a liability insurance from their insurance. If you guys don't understand and need a diagram of what happened, I'll provide it. I am worried.

NOTE: California Motorist.

Thank you,

OgreEddy

[rojoracing53]

I think you may have a right and a left mixed up in there or something because I'm not getting it. Did you hit your head by chance

[dfox]

Originally Posted by OgreEddy

I assumed he would go straight since he didn't turn on his signal.

I do not know California laws, I know you guys have that whole legal filtering/splitting thing, but I believe it has to occur between two lanes of travel, not on the shoulder (parallel parking lanes).

Diagrams always help clarify things, but this seems somewhat straightforward.

Ultimately, I'd consider the situation you find yourself in a shared fault with you taking the majority of the fault; but the law might view you 100% fault. The driver of the car in front of you should have their turn signal on in advance of their turn, that's the portion of their fault. You should not have been passing in a non-travel lane, which is your fault.

Good luck, I would not make any admissions or accept any offers without first talking with your insurance company. They know the law better than you, and may be able to get a settlement where you're not 100% responsible.

[EMSRacer07]

One thing I can tell you. Never assume anything especially Cali drivers.

As for the parallel parking line. I dont think that is legal since it would indicate your parking not turning, and I dont think they want ppl driving into those lanes to avoid parking accidents.

[flitecontrol]

Glad you're ok.

Originally Posted by OgreEddy

When I pulled up right just by the left of his vehicle, without him looking, my left front side of the bike took impact and I flew off. OgreEddy

This is the part that's confusing me. I'm assuming you used the parallel parking area to pass him on the right, which I'm pretty sure is a no-no, even in California. Never assume anything except that the driver will do something that may injure you when it comes to another vehicle.

[iamjacob]

Originally Posted by rojoracing53

I think you may have a right and a left mixed up in there or something because I'm not getting it. Did you hit your head by chance

Me too...

When I pulled up right just by the left of his vehicle, without him looking, my left front side of the bike took impact and I flew off.

If you were on his left how did your left get hit?

[OgreEddy]

Here is a diagram I drew. From part 2 of the diagram I am making that right from the moment of impact. Sorry, I am not an artist lol. I hope you guys understand it. And sorry, I meant the right of his vehicle. Also, I did hit my head, but my Shoei helmet save my life.
Thank you!

[Redgeneral]

Sounds like to passed on his right, in his lane. Which is illegal.

Since it's illegal, you'll more than likely be 100% at-fault.

[csmith12]

Sorry bout your crash. Best of luck to you.

Gratz though!

[rojoracing53]

If I remember correctly you can use the bike/parking lane in the last 100' before a right turn, that's why most of them are dotted at the end but theirs a law written that clarifies it. If the driver was moving at speed and not stuff in traffic I'd think you'd have little chance to blame them since you were trying to pass a vehicle at speed which is seen as aggressive. If the van was in stop and go traffic then it could be seen as you were lane sharing and they cut you off with out looking of signaling.

There's no such thing as 50/50 at fault for policy holders if you are both found at fault then your insurance covers your own vehicle under your collision coverage(hope you have this or your screwed) and both party's policies get a rate hike as if your 100% at fault. Insurance companies like going 50/50 because then they both get to raise you rates and make money in the end, especially for small cost repairs.

[Dredgshadow]

Originally Posted by EMSRacer07

One thing I can tell you. Never assume anything especially Cali drivers.

As for the parallel parking line. I dont think that is legal since it would indicate your parking not turning, and I dont think they want ppl driving into those lanes to avoid parking accidents.

You are exactly right. It's so natural to assume things because it is human nature, but you just can't ever trust anyone to do anything. I've seen people do things in cars that is crazier than seeing bigfoot.

[Motofool]

Originally Posted by OgreEddy

Here is a diagram I drew. From part 2 of the diagram I am making that right from the moment of impact..........

I am very sorry about your accident.
You have been riding only for two months.
Yours has been a very common error of new riders.

How close to the corner those parking spaces go?

Just for future reference:

Every time that you put yourself in the potential path of a four-wheel vehicle, you multiply the danger of street-riding a motorcycle several times.

Add the effect of driver's blind spots and that move becomes a potentially suicidal traffic move.

[Finesse]

https://www.youtube.com/watch?v=511SLUHPmRw

At least you weren't riding someone else's Panigale.

Glad you're okay, now use your insurance money (you DO have insurance!?) to get a new bike!

[ForceofWill]

The person leaving their lane of travel is the give way vessel. If you're allowed to use that portion of the parking lane before the turn, id say its gonna be his fault.

[redbike2]

what happened with driving defensively - as if the motorist is sure to engage in exactly the action most pernicious to your safety?

glad to hear that you are ok.

[ez12a]

i'm not familiar with that area, but does parking really go to the edge of the block?

maybe the street names would help, i'm sure it can be spotted on google maps.

[jeffb502]

Here is one vehicle code section about passing on the right:

Originally Posted by leginfo.ca.gov

21754. The driver of a vehicle may overtake and pass to the right of another vehicle only under the following conditions:

(a) When the vehicle overtaken is making or about to make a left turn.

(b) Upon a highway within a business or residence district with unobstructed pavement of sufficient width for two or more lines of moving vehicles in the direction of travel.

(c) Upon any highway outside of a business or residence district with unobstructed pavement of sufficient width and clearly marked for two or more lines of moving traffic in the direction of travel.

(d) Upon a one-way street.

(e) Upon a highway divided into two roadways where traffic is restricted to one direction upon each of such roadways.

This means

(b) if you're in a business or residence district, you can pass on the right even if there are not multiple marked lanes, as long as there is enough space for you to do so.

(c) If you are not in a business or residence district, you can pass on the right as long as there are multiple marked lanes.

I'm guessing you were within a business district considered there is a marked parallel parking area.

I agree with others that the street names would be useful so we can look it up on Google street view.

Rojoracing is correct about the bike lane. If there is a marked bike lane you are actually REQUIRED (in most situations) by two separate vehicle code sections to merge into the bike lane before making your right turn.

Originally Posted by www.leginfo.ca.gov

22100. Except as provided in Section 22100.5 or 22101, the driver of any vehicle intending to turn upon a highway shall do so as follows:

(a) Right Turns. Both the approach for a right-hand turn and a right-hand turn shall be made as close as practicable to the right-hand curb or edge of the roadway (continued with exceptions, none of which mentions a parallel parking lane)

21209. (a) No person shall drive a motor vehicle in a bicycle lane established on a roadway pursuant to Section 21207 except as follows:

(1) To park where parking is permitted.

(2) To enter or leave the roadway.

(3) To prepare for a turn within a distance of 200 feet from the intersection.

(b) This section does not prohibit the use of a motorized bicycle in a bicycle lane, pursuant to Section 21207.5, at a speed no greater than is reasonable or prudent, having due regard for visibility, traffic conditions, and the condition of the roadway surface of the bicycle lane, and in a manner which does not endanger the safety of bicyclists.

So the two sections above combine to say "You are required to begin a right turn as close as practicable to the right hand curb or edge of the roadway" and "You are permitted to enter a bike lane within 200 feet of your turn" which means you have to enter the bike lane before you begin your right turn. It doesn't matter if the bike lane has a dashed or solid line. The California Combined MUTCD recommends the dashed line to encourage drivers to make proper turning movements.

I can't find a vehicle code section that talks about "parallel parking lanes." If it's a shoulder it's illegal to use it.

Originally Posted by leginfo.ca.gov

21755. (a) The driver of a vehicle may overtake and pass another
vehicle upon the right only under conditions permitting that movement
in safety. In no event shall that movement be made by driving off
the paved or main-traveled portion of the roadway.
(b) This section does not prohibit the use of a bicycle in a
bicycle lane or on a shoulder.

Here's a link to a person that passed on the right through designated parallel parking spaces, was cited for unsafe passing on the shoulder, fought the ticket, and won (since parking spaces are not a shoulder):

http://forum.woodenboat.com/showthre...fought-the-law

Here's an informal interview with a CHP officer about using the shoulder to pass on the right before making a right turn:

http://www.santacruzlive.com/streets...a-right-turns/

[greenaero]

OgreEddie, Sorry to hear about your collision. I'm glad you weren't badly hurt. From what I understand from your post it sounds like you pulled out of your lane and the other driver thought you were pulling off to park. He passed you and then turned right as you were also making the right turn and you struck his vehicle. As I see it, you would likely be viewed at fault as you let him pass you, giving him the right of way to make his right turn. Your actions would be viewed as trying to pass on the shoulder of the road; an illegal act. Good luck , I hope it all works out OK.

[ForceofWill]

Originally Posted by greenaero

OgreEddie, Sorry to hear about your collision. I'm glad you weren't badly hurt. From what I understand from your post it sounds like you pulled out of your lane and the other driver thought you were pulling off to park. He passed you and then turned right as you were also making the right turn and you struck his vehicle. As I see it, you would likely be viewed at fault as you let him pass you, giving him the right of way to make his right turn. Your actions would be viewed as trying to pass on the shoulder of the road; an illegal act. Good luck , I hope it all works out OK.

Not true. Post before yours has applicable statutes. Plus, again, the person departing their lane of travel must yield right of way. Even if that weren't the case the person on the right has the right of way. He had both. I can't see how this would hold up as your fault in court.

[greenaero]

^ He left his traffic lane , therefore he gave up his right of way. The driver/rider moving from a parking area must yield to traffic already in a lane. I hope the OP is not found at fault but the circumstances as described sure seem to make it so.

[ForceofWill]

Originally Posted by greenaero

^ He left his traffic lane , therefore he gave up his right of way. The driver/rider moving from a parking area must yield to traffic already in a lane. I hope the OP is not found at fault but the circumstances as described sure seem to make it so.

The way I understand it is he moved over first to get ready to turn. And then the other person merged over and hit him.

It is a little unclear though.

[jeffb502]

Here's a quote from the CHP officer in the article I linked

Originally Posted by CHP Officer Sarah Jackson

“As long as the driver gives a continuous turn signal or 100 feet prior, and ensures that the movement can be made safely, vehicles can enter the bicycle lane or right hand shoulder prior to making a right turn” Jackson explained. “However, if they begin passing other moving vehicles still in the lane or if the shoulder/bicycle lane driving is for a protracted length, they may be cited for shoulder passing – section 21755.”

If it was a marked shoulder then this CHP officer says it would be ok as long as all of the vehicles being passed were already stopped and the shoulder driving wasn't for a "protracted length" (codified as 200 feet for a bicycle lane, so we can assume she means the same length for a shoulder). Still don't have any pictures or distances so it's hard for us to be making judgments with only a blurb from the OP.

From the OP's diagram, it looks like the driver of the pickup truck "right hooked" the motorcyclist at the corner. If it was legal to be driving where the OP was driving, the pickup truck driver failed to initiate his turn from "as close as practicable to the right hand curb or edge of the roadway" and is 100% at fault. If it was illegal to drive where the OP was driving, the OP is at fault.

I learned from my bicycle riding days (it's always legal for a bicycle to ride on a shoulder, but not required) that riding to the right of vehicles approaching an intersection was always a bad spot to be. If I was going straight approaching an intersection I would pull out of the bike lane/shoulder and pass any slow moving vehicles that may turn right on their left side. This worked especially well when drivers that were planning to turn right merged right into the bike lane before initiating their turning movement. I could lane share with them on their left as they made their right turn, making things safer for everybody.