Motorcycle Season: Lane Position, Conspicuity, and Proving the Driver 'Didn't See You'

Published May 25, 2021 · Injury Law Basics

Memorial Day weekend is the unofficial start of riding season in the Miami Valley. Bikes come out of garages, State Route 48 and the back roads of Greene and Warren counties fill up, and drivers who have not had to look for motorcycles since October suddenly need to again.

Every rider knows the crash that follows: a car waiting to turn left, a gap that looks big enough, and a driver who pulls across the lane without seeing the motorcycle. Afterward the driver says, sincerely, "I never saw him." This post is about why that sentence is an admission, not a defense, and how injured riders prove it.

The left-turn crash and the law

Ohio's left-turn statute is straightforward. Under R.C. 4511.42(A), a driver intending to turn left at an intersection, or into an alley, private road, or driveway, must yield the right-of-way to any vehicle approaching from the opposite direction that is in the intersection or so close as to be an immediate hazard. A motorcycle is a vehicle. The rider coming straight through on a green light has the right-of-way, and the turning driver has the duty to wait.

Earlier this month I wrote about a Cleveland case involving a transit bus that turned left across a young motorcyclist's lane when the driver admittedly could not see past an oncoming car's headlights. The appeals court allowed the family's case to go to a jury, noting the transit authority's own training told drivers not to turn when they could not see the oncoming lanes. The same principle applies to every driver: if you cannot see that the lane is clear, you do not turn.

Why "I didn't see you" is an admission

Drivers have a duty to keep a proper lookout. A motorcycle in daylight, with its headlight on, in its own lane, is there to be seen. When a driver says he did not see it, there are only a few possibilities: he did not look, he looked and did not pay attention, or something blocked his view and he turned anyway. Each of those is a failure of the driver's duty, not the rider's.

Insurance adjusters know this, which is why they rarely argue that their driver acted reasonably. Instead, they try to shift fault to the rider. Ohio's comparative fault rules reduce a recovery by the injured person's share of fault and bar it if the rider is found more than half at fault, so every percentage point the adjuster can assign to the rider is money saved.

The rider-blame playbook, and how to answer it

The arguments are predictable. So are the answers, if the evidence is gathered early.

"He was speeding." Speed is the most common accusation and the easiest to make without proof. The answers come from physical evidence: the motorcycle's damage profile, the distance the bike traveled, scene measurements, any onboard data, nearby surveillance or dash-cam video, and independent witnesses who can describe the bike's speed in ordinary terms.

"He was in the wrong part of the lane," or "He was passing." Riders position themselves within a lane to be seen and to avoid hazards. Ohio's keep-to-the-right rule in R.C. 4511.55(A) is written for bicycles, not motorcycles, and R.C. 4511.55(B) allows motorcycles to ride up to two abreast in a single lane. Lane position is a lawful choice, not evidence of fault. Where lane markings are faded or absent, scene measurements and photographs show how wide the road actually is.

"He wasn't visible." Conspicuity evidence answers this. Was the headlight on? Was the rider wearing bright or reflective gear? What did the sightline look like from the driver's seat at that time of day? Photographs taken from the driver's position, with a similar motorcycle in the rider's position, are often the single most persuasive exhibit in the case.

"He wasn't wearing a helmet." Ohio requires helmets only for riders under 18 and riders holding a novice endorsement, under R.C. 4511.53(C)(1). That same division says its helmet provisions, and a violation of them, "shall not be used in the trial of any civil action." Insurers sometimes raise helmet use anyway in an attempt to argue about the extent of injuries. It never changes who caused the crash.

A proof plan that starts at the scene

Motorcycle cases are won with evidence that disappears quickly. If you are able, or if a family member or friend can do it for you:

• Photograph the scene from the driver's point of view. Where was the car waiting? What could the driver see? Was anything blocking the view?
• Photograph the motorcycle before it is repaired or salvaged, including the headlight switch and any lighting modifications.
• Keep your gear. Helmet, jacket, gloves, boots. They show impact points and visibility.
• Get witness names. Other riders, drivers stopped at the light, and nearby residents.
• Look for video. Businesses at intersections, doorbell cameras, and dash cams often capture the turn.
• Request the 911 recordings before they are purged.

Our guide chapter on gathering evidence while it still exists explains how quickly each kind of evidence disappears and how preservation letters protect it.

Bias against riders is real, and it has to be confronted

Many adjusters and some jurors start with the assumption that motorcyclists are reckless. I wrote about that bias years ago in a post on overcoming it, and it has not gone away. The answer is not to ignore it. It is to show the rider for who he or she is: an experienced, careful person with a family and a job, who was doing everything right when a driver turned without looking. Our intersection collisions page discusses how we reconstruct right-of-way disputes.

Coverage questions riders should check now

Motorcycle injuries are often severe, and the at-fault driver may carry only minimum limits. Before you ride this season, check whether your motorcycle policy includes uninsured and underinsured motorist coverage, and at what limits. Ohio insurers may offer it but are not required to include it. Also ask whether your car policy's coverage extends to you while on the bike; many policies exclude vehicles you own but have not listed.

What this means for you

If a driver turned in front of you and says he did not see you, your claim starts with that admission. What wins it is evidence: the scene, the sightlines, the witnesses, and the bike itself, gathered before they are gone. Our motorcycle accident practice represents injured riders and the families of riders who did not come home.