At about noon today a 28-year-old motorcycle driver, James Scarbrough from Layton, Utah, was killed and his 31-year-old passenger was sent to the hospital in critical condition. It appears that the motorcycle was traveling in the inside lane when a car in the outside lane stopped to allow another car turn left across the two lanes of traffic. The motorcycle crashed into the driver side of the turning vehicle. Details, video and pictures of the crash can be found on KSL and the Salt Lake Tribune.
This is an accident that will need immediate and thorough investigation. Liability for the accident will almost certainly be found to lie with the turning vehicle. You can also make a good argument that liability should also flow to the driver of the car that stopped allowing, or maybe even encouraging, the other driver to cut across the lanes of traffic. Liability will also tried to be made against the motorcycle driver – to make an argument for comparative negligence.
The insurance policy coverage will also be tough to figure out. For example the injured might be able to get policy limits from both the stopped car and the car that turned. There may also be underinsured insurance coverage on the motorcycle rider's own policies. There might also be a claim by the passenger against the driver of the motorcycle for policy limits. This is a very complicated case that needs the attention of a seasoned motorcycle attorney to analyze the insurance coverage and use experts in determining liability at the scene of the accident. We would also employ a private investigator to interview witnesses while the crash is fresh in their minds.
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