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A motorcycle rider rides on an undivided highway -one lane one way, one way the other way. double yellow line in the middle. Traffic going between 55 to 70 mph. He plans to make a left turn into a side road that is a little ways ahead forming a T intersection with the highway. Motorcycle hugs the center line and when the side road comes up he slows down for the turn and makes a fluent left turn. There is a break in the double yellow line just at the level of that side road. Thats when he sees a car going about 40 mph (out of that side road that has a speed limit of 25 mph) past the stop sign. Motorcycle rider slams the brakes. Rear wheel goes up in the air. The car has too much speed to come to a complete halt and hits the bike. It cant lose all of its speed and hits the bike almost just before it comes to a full stop. Bike and the rider go down onto the pavement.
Location of the point of collision from bikes point of view:
-On the left 15 feet from the edge of the road.
-15 to 20 feet before the stop sign.
- About 20 to 25 feet on the right from the edge of the road.
- and about 20 feet behind the bike is the edge of the highway.

From the cars point of view:
15 to 20 feet past the stop sign.
There is no white line at the stop sign.

Police report as to who was at fault read:
- car: -driver inattention
- motorcycle: - improper left turn ( without further explanation)

Car's insurance refuses to accept car drivers fault and refuses to pay for damages to the motorcycle.
The motorcycle insurance say the motorcycle was not at fault and and refuses to pay for minor damage to the car.

I am looking for your opinions as to who you think was at fault and suggestions on how the party who was wronged should go about getting a fair decision.


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