According to a story in KSL.com, a man is dead in South Jordan, Utah, after his motorcycle collided with a car near the intersection of 11800 South and 4000 West. The motorcycle accident happened around 11:30 in the morning on December 1, 2008, when a car traveling in the opposite direction turned left onto 4000 West and struck the motorcycle. Emergency crews tried to revive the man with CPR but were unsuccessful. Police say the crash is under investigation.
Video Courtesy of KSL.com
I’m not sure how much investigation they need to conduct. If the facts of this story are true, it sounds like the other driver failed to yield the right away and struck the other vehicle. Under Utah law, the driver of a vehicle making a left hand turn has the duty to make sure the coast is clear before they start their left-hand turn. Motorcycles are designed to travel with their headlight on. From this story, it sounds like the motorcycle was there to be seen and the other driver was negligent in not seeing him.
As I see it, the family of the motorcycle accident victim has a “wrongful death” claim against the person who made the left-hand turn. If that person had insurance, then they can possibly resolve the claim against that insurance company and then make a claim against the motorcyclist’s own “under-insured” auto policy. It is likely that there will insufficient insurance money to cover this preventable and tragic loss. This being the case, the family may be able to resolve the claim without getting an attorney involved.
Ron Kramer is a Utah personal injury attorney practicing in Salt Lake County, specializing in auto/motorcycle accident cases.
Published by: Ron Kramer
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