A motorcycle accidents lawyer can help you determine fault and pursue compensation if you’ve been in an intersection crash. Intersections are among the most dangerous places for motorcyclists. 27% of traffic fatalities and 41% of serious injuries occurred at Canadian intersections.
Left-turning vehicles, distracted driving, and failure to yield are common causes of severe injuries. Proving fault isn’t always straightforward, as multiple factors can contribute to a crash.
Key Takeaways:
- Intersections are high-risk areas for motorcyclists, with left-turn collisions and failure to yield being common causes of accidents.
- Determining fault in motorcycle crashes depends on right-of-way rules, driver negligence, and available evidence, such as traffic camera footage.
- A motorcycle accidents lawyer gather evidence, negotiate with insurers, and secure fair compensation for injured riders.
Intersections Are High-Risk Zones for Motorcyclists
“Balsam and 4th is a dangerous intersection. People go through the stop sign when they don’t have a good view of traffic going through the light at high speed,” a Redditor shared.
With multiple vehicles crossing paths, sudden stops, and unpredictable movements, riders face a greater risk of serious accidents. Several factors make these areas especially hazardous.
- Limited visibility: Motorcycles are smaller than cars and trucks, so it’s hard for drivers to see, especially in heavy traffic or blind spots.
- Direct exposure: Unlike drivers in enclosed vehicles, motorcyclists have no external protection. This increases the likelihood of severe injuries in a crash.
- Challenging congestion patterns: Left-turning cars, merging lanes, and pedestrians create potential perils requiring quick reactions.
Causes of Intersection Crashes
Motorcycle crashes result from a mix of driver errors, poor judgment, and risky behaviour. Some of the most frequent causes include:
- Failure to Yield: Some drivers disregard right-of-way rules. This leads to dangerous situations for motorcyclists with the legal right to proceed.
- Distracted Driving: Texting, talking on the phone, or any activity that takes attention away from the road can result in a driver missing a motorcycle in their path.
- Speeding: Driving too fast recedes reaction time and increases the risk of collisions at junctions where congestion is unpredictable.
- Improper Lane Changes: Forgetting to check blind spots or signals before changing lanes can put motorcyclists in immediate danger.
- Impaired Driving: Alcohol and drugs affect a driver’s ability to make safe decisions.
Other factors, such as poor weather, sudden stops, and aggressive driving, can increase the chance of junction incidents. Awareness of these hazards helps you stay alert and reduce your risk of an accident.
Intersection Incidents and How to Determine Fault
Understanding different types of crossing collisions and determining liability is necessary when seeking compensation for injuries or damages.
Left-Turn Collisions
Happens when a motorist turning left crosses the path of an oncoming vehicle. This can occur at controlled intersections with traffic lights, stop signs, or uncontrolled intersections.
Who’s at fault? In most cases, the person making the left turn is responsible, as they must yield to oncoming traffic. Liability may shift if the oncoming motorist was speeding or ran a red light.
If making a left turn, make sure there is a safe gap before proceeding. Those approaching an intersection should be mindful of left-turning vehicles and adjust speed accordingly.
Traffic Light Incidents
Signalized junctions control traffic flow. Despite its presence, collisions still occur due to driver inattention, failure to stop, or misjudging another motorist’s movement.
Common scenarios:
A vehicle entering a crossroad against a red signal can cause a severe side-impact or T-bone collision. The individual who disobeyed the signal is generally held accountable.
When one vehicle turns left on a green light while another turns right into the same lane, right-of-way depends on signal indications. If the left-turning vehicle has a green arrow, it has priority. If the arrow is not present, it must yield to those turning right or proceeding straight.
A flashing red requires a full stop while flashing yellow means proceeding with caution. Failing to yield in either case can result in liability for any resulting collision.
Always scan the intersection before proceeding, even when the light is green, to make sure others are following the rules.
Stop Sign Collisions
Intersections controlled by stop signs require drivers to come to a full stop and determine who arrived first before proceeding. When multiple vehicles approach simultaneously, confusion arises.
- Failure to Yield: If one motorist does not stop or improperly assumes the right of way, they are mostly at fault.
- Pedestrian and Cyclist Right-of-Way: Pedestrians have priority in marked crosswalks, and cyclists should be treated as vehicles under traffic laws. Failing to yield can result in liability.
Make eye contact with other road users when determining right-of-way and avoid assumptions about another person’s intentions.
Uncontrolled Crossing Incidents
The lack of signals or stop signs requires road users to follow general right-of-way rules. So, who has priority? The first vehicle to arrive has the right of way. If two arrive simultaneously, the one on the right proceeds first.
Anyone who enters an intersection without yielding is responsible for any resulting collision. So, you better approach with caution, slow down, and be prepared to stop if another vehicle fails to yield.
T-Intersection Incidents
T-intersections occur where one road ends at another. This requires vehicles from the terminating road to turn left or right. Based on the right-of-way rules, motorists on the continuing road have priority. The person entering from the terminating road must yield.
Those crossing the street at a marked or unmarked crosswalk have the right of way. Not checking blind spots can result in liability for injuries. Like always, perform a full scan before turning, especially in areas with high pedestrians or cyclists.
Establishing Fault in Intersection Collisions
Determining liability in intersection-related crashes depends on traffic laws, right-of-way rules, and evidence gathered from the scene. While drivers are accountable, other parties may share responsibility, including:
| Municipalities | Poorly designed intersections, malfunctioning signals, or inadequate signage can contribute to crashes. |
| Vehicle Manufacturers or Mechanics | Faulty brakes, steering malfunctions, or other mechanical failures could shift liability. |
Does Contributory Negligence Apply?
The motorcycle accident law recognizes contributory negligence. But this depends on the strength of the evidence.
For example, in the Seich v. Tobin case, the plaintiff (Seich) was riding his motorcycle when he collided with a vehicle operated by the defendant (Tobin). The Court determined that both individuals were negligent—the plaintiff for speeding and the defendant for entering the intersection without sufficient caution. As a result, liability for the crash was shared equally between them.
Pursuing this can be tricky, so getting help from an experienced motorcycle accident lawyer in Edmonton is a good move to support your motorcycle accident claim
Collecting Evidence to Prove Fault
After a crossing collision, strong evidence is important to build a case. Key forms of documentation include:- Police Reports: Official documentation of the incident (including citations issued).
- Photos and Videos: Capturing vehicle positions, road conditions, traffic signals, and any visible damage.
- Witness Statements: Third-party accounts that support claims of negligence.
- Traffic Camera Footage: If available, footage can confirm traffic signal compliance and vehicle movements.
- Electronic Data: Dashcam recordings, GPS logs, and security footage provide additional proof.
What’s Next? Hire an Edmonton Motorcycle Accident Lawyer
If you’re involved in a motor vehicle accident, seek medical help and legal representation. Determining fault can be tricky, and proving who’s responsible can be intricate. With the help of Sidhu Personal Injury Lawyers Edmonton, you can easily deal with the insurance company and get the maximum compensation for your personal injury claim. Schedule your free initial consultation today.
Frequently Asked Questions
What are the common motorcycle accident injuries?
Motorcycle crashes result in minor to catastrophic injuries due to minimal protection. Common injuries include:
- Brain and Head injuries: Even with a helmet, riders can suffer concussion or traumatic brain injury.
- Spinal cord damage: Severe impacts may lead to partial or complete paralysis.
- Broken bones: Impact on arms, legs, ribs, and collarbones.
- Road rash: Sliding on pavement can cause deep skin abrasions.
- Internal injuries: Blunt force trauma can damage organs and can cause life-threatening conditions.
While some injuries can be minor, there are damage that require extensive medical treatment. You can factor this into your motorcycle accident claim and let a dedicated legal team of personal injury lawyers pursue fair compensation.
What happens if there are conflicting accounts of the crash?
When Edmonton motorcycle accident victims, drivers and witnesses provide different versions of events, it complicates fault determination. Like other personal injury cases, this requires additional evidence, such as camera footage or expert analysis, so motorcycle accident lawyers can work the case.
Is it safe to ride motorcycles in Canada?
Motorcycling in Canada can be safe with the right precautions. While motorcycles make up only about 3% of registered vehicles, they account for 10% of road fatalities, according to Transport Canada.
Riders must wear proper safety gear, take defensive riding courses, and follow traffic laws to minimize risks. Road conditions, weather, and visibility also affect motorcycle safety. All road users share the responsibility of keeping the roads safe.