Can I Be Sued for this Accident?

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fritz

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I was recently involved in an accident. I was almost finished making a left turn while there was a break in traffic - I had seen a car approaching from the other direction, but I had plenty of time to make the turn. Apparently. a motorcycle came from behind the oncoming car to pass on the right and laid the bike down (I never saw the motorcycle). The rider of the motorcycle was seriously injured and died a few days following the accident.

The police report and witness statements state that the motorcylcist was driving erratically and at 20 mph over the speed limit. The exact wording from the report narrative states:

"Unit One [motorcycle] was traveling southbound on [Main Street]. Unit Two [me] was making a left turn from [Main Street] onto [Elm Street]. Witnesses and evidence at the scene suggest that Unit One was traveling well above the posted speed limit. As Unit Two made the left turn onto [Elm Street], Unit One attempted to lay down his motorcycle. The driver of Unit One became separated from the motorcycle and struck the right rear tire of Unit Two."

The officer who reconstructed and investigated the crash later called me and personally told me I was not at fault (which I knew), and that the DA was not charging me with anything. I did not receive a citation.

I know that I did not do anything to cause this accident, but it has still been very traumatic. Can a civil suit be filed against me in this situation? I know that many times the person turning left is always considered to be at fault.

What are the possibilities? If a suit was filed against me, would there be a strong case against me, or do the evidence and witness statements make it less of a case? I am insured up to $100k for bodily injury liability.

Thanks for your thoughts.
 
Anybody can sue for anything, but from what you have described they would not win the case. Just the fact that the police investigation has stated that yo are not at fault pretty much blows that case out of the water.

Aside from that there is something called contributory negligence, and in this case it will protect you. This varies in a couple ways from state to state, but in your case it's full contributory negligence. What this means is that if the victim did something that was even just 0.01% to blame for the accident they cannot collect from you. The fact that he was passing when it was unsafe might be borderline, but the fact that he was driving erratically and well over the speed limit seals the deal.

So to answer your question directly, they can sue, but they will never win. Chances are they would never sue in the first place because any lawyer they hire would fill them in on the fact that it's a loosing proposition for them.
 
Thank you, tpajet. Your feedback is reassuring. This whole incident has been overwhelming. Even though I was not at fault, it is still traumatic due to a life being lost.
 
If you think to yourself that you are not at fault, don't be afraid to fight for your rights. Always the truth will prevail.
 
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