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Tony Denena
Board Certified Personal Injury Trial Lawyer, One of Founding Partners, Denena & Points, PC

Blog Category:
8/20/2011
Tony Denena
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Legal Right of Way vs. Actual Right of Way in a Motorcycle Accident

Pearland, TX motorcycle accident lawyers ask:

How many times have you held the legal right of way (either as a pedestrian or a driver), yet you knew that if you tried to exercise that right at that particular moment, you would probably be hit by an impatient driver?
I would guess that most of us have had to hold back and wait, even though we possessed the legal right of way, for an aggressive and inconsiderate driver before we could proceed.

Just because the law says you have the right of way doesn't mean that you are actually going to get it. So be careful as you drive. Be aware that some drivers are willing to risk everything (including your life) to avoid yielding a right of way.

A couple of recent motorcycle accidents made the news where car drivers failed to recognize the legal right of way of motorcyclists. The car drivers' stubbornness or failure to see the bikes hospitalized 2 and killed 2 other motorcyclists. An SUV driver received a ticket for failure to yield in the injury accident. If either of the injured bikers dies from the motorcycle accident, the driver could well face more serious charges. Authorities are still investigating the other accident.

When you ride your bike, you should remember that drivers of bigger vehicles don't always notice your smaller vehicle. And some of those that do know that their vehicle is sturdier than yours and they don't have to worry much if there's a motorcycle accident. So take care as you drive. Yield your own right of way if necessary to save your life and avoid a motorcycle accident. The law may say you have the right of way. But other drivers may refuse you that right. Think about it: if people obeyed all the laws, we wouldn't need much of a justice system, would we?

 



Category: Motorcycle Crashes



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