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Don’t Take His Word for it: Know the Truth About Your Rights When a Driver Backs Out of a Driveway and Causes a Motorcycle Crash

As you lay on the road, wondering how hurt you were, another driver was yelling at you.

“You hit me!” he claimed.

“This is all your fault!” he accused.

While you waited for the police and ambulance to arrive, you couldn’t help but wonder…

Could This Guy Be Right?

You were riding your motorcycle on a public street, at or around the posted speed limit. The driver who accused you of causing the accident backed out of his private driveway and onto the public street immediately in front of you. With no time to react; you had no place to go but into his vehicle.

You may have been the one to strike his vehicle. However, according to Illinois law, you may not be the one who is at fault. Section 11-906 of the Illinois Vehicle Code provides that the driver of a vehicle that is about to enter a highway from a private driveway shall yield the right-of-way to all vehicles that are on the road.

It is no defense for the driver of the car who hit you to claim that he didn’t see you because you were on a motorcycle. It is no defense for the driver of the car to claim that he had an obstructed view. Instead, it was his responsibility to wait to enter the road until it was safe to do so.

Be Careful How You React

The time to point out that the other driver is wrong in his assessment of the crash is not while you are splayed on the ground waiting for the paramedics. Instead of talking directly with the other driver or his insurer—neither of whom have your best interests in mind—it is important for you learn more about protecting your rights and about using the legal system to recover damages. Please browse our related articles or start a Live Chat with us now to learn more.

Jason F. Abraham
Managing Partner, Hupy and Abraham
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