What percentage would you put on each driver?

[DGUtley]

The statute of limitations just ran on this and the motorcyclist did not bring suit. We are bickering here in the office. (We have the car with the blinker on) What percentage would you put on the car and on the motorcyclist?

• The car was turning into a fruit stand.
• This was in Amish country.
• The reconstructionist put the motorcyclist at 93 mph at impact.
• The motorcyclist lived.
• If the motorcyclist is 50.1% or greater he recovers nothing in Ohio.

[Chris]

Motorcyclist > 90%. Perhaps the car driver could have noticed him--was the motorcycle headlight on?

[DGUtley]

Motorcyclist > 90%. Perhaps the car driver could have noticed him--was the motorcycle headlight on?

I don't recall. He's traveling 136 feet per second. So the driver looks back, doesn't see him and begins to move over. That's 2-3 seconds - he's 500 feet away, and if you watch the video, he may have been on the berm b/c the truck goes around the buggy.

[Collateral Damage]

95% motorcycle. Between speed, passing and apparently not planning for the possibility of something in that lane.

[LWW]

100%.

The bike also was also in the passing lane.

[Cletus]

All on the motorcyclist. The car driver signaled for the lane change. If the motorcyclist had been traveling within the posted speed limit, he would have had more than enough time from 500 feet back to react to car entering his lane.

[DGUtley]

All on the motorcyclist. The car driver signaled for the lane change. If the motorcyclist had been traveling within the posted speed limit, he would have had more than enough time from 500 feet back to react to car entering his lane.

Remember, at a slower speed, he's further away. At 55 mph, he's traveling at 81 fps. So, he's not even on the scene yet - and if he was, you are correct - he'd have had enough time to react.

[carolina73]

Maybe I am making a wrong assumption based on the solid yellow line in the beginning of the video but isn't that a two way road? I can't see another side of the highway.

If it is then what possible reason could the car driver have for being in the wrong lane other than the intent to block the motorcycle? This actually looks intentional.

[Collateral Damage]

About 2-3 years ago, I was cutting up the back alley's to residential roads (speed limit 30) to avoid traffic on the main road. I live (work flop house) about 7 blocks away. I looked both ways multiple times before turning left onto the residential road, and was a good 30 feet down the road when I hear a whump and saw a body fly past my passenger window.

I stopped, and there was a guy in the ditch with his motorcycle. And a homeowner was standing in his driveway videoing the guy in the ditch. I guess he called 911, because a cop showed up about 6-7 minutes later. Meanwhile, the biker was yelling at me that I should look both ways, and I told him I did. There was a slight rise in the road about 150 feet before the alley to the right. If he was crouched down over the motorcycle, it's possible to not see him BUT he said that he hit the brakes, fishtailed, hit the brakes again, and bounced off the car into the ditch a good 20 feet before he landed, and said this to the cop. He also said he had just spent 4 months getting the bike to run, and now it was wrecked. That told me, and likely the cop, that he was going over the speed limit when he came over the rise and did not have time to stop.

Since my car was just scuffed, and the bike was mangled, the cop called it even and followed the guy back to his house to make sure he made it. Even though it was not my fault, I am thankful the guy wasn't anymore hurt then he was. I don't think I could have handled worse on my conscience.

That all said, motorcycles are dangerous. There isn't enough material surrounding the driver (and or passengers) to provide any amount of safety, and for some the stupidity that can go with both the OP's video and my situation can be fatal.

[Standing Wolf]

Maybe I am making a wrong assumption based on the solid yellow line in the beginning of the video but isn't that a two way road? I can't see another side of the highway.

If it is then what possible reason could the car driver have for being in the wrong lane other than the intent to block the motorcycle? This actually looks intentional.

I was also under the impression that it was a two-way road. The solid yellow line sort of gives that away. So the motorcycle being in that lane, even aside from the fact that he was traveling at an incredibly unsafe speed, is against him.

I don't agree, however, that the driver of the car would have intentionally pulled in front of a fast-moving motorcycle. I find that to be highly unlikely. Sure, some people like to play traffic enforcement cop and get in front of folks they see speeding, but the driver of that car would have had to be certifiable to pull that in this case.

I'm in agreement with everybody else who has posted. 100% on the biker and he's incredibly fortunate to be alive.