Can someone explain how this happened?

[Ddlord11]

Scenario:

I'm in an intersection making a right turn, after checking if the box is clear, I go ahead and turn, just as I'm about to complete my turn, meaning I'm nearly parallel to the road, a bike comes zooming in from the through road and hits me at my left fender at an almost parallel angle..

Then he proceeds to fall to the right...

I was expecting him to fall left since he claims I up and hit him and I came from his right side thus it would make sense if I shoved him to fall on his left, but his bike fell to the right.

The only reason I can think of is that he was moving right and trying to cut into my lane.

I'd appreciate your thoughts..

[yebo]

your fault still, wherever he falls. you were the one making a turn. he was going straight. he had the right of way. di porke nauna ka ng 100 meters or even more or di mo siya nakita e lusot ka na. the bike was in the lane before you made the turn no matter what you say it was clear.

the bike was speeding? true or not it is a separate offense and does not exonerate you from your fault.

[Dkamb88]

Dashcam would've helped a lot in your case. Not those cheap ones, but those which has a wide angle of view.

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[Ddlord11]

I do have a dash cam with wide angle view 60 fps HD, it's a viofo a119.. still he's nowhere to be seen until impact.

I assume you're one of those people who think right of way is more important than giving way to automatically assume the fault is on me?

Last clear chance doctrine - is stated, a person who has the last clear chance or opportunity of avoiding an accident, notwithstanding the negligent acts of his opponent or the negligence of a third person which is imputed to his opponent, is considered in law solely responsible for the consequences of the accident."

Ra4136sec35 Restriction as to speed.(a) Any person driving a motor vehicle on a highway shall drive the same at a careful and prudent speed, not greater nor less than is reasonable and proper, having due regard for the traffic, the width of the highway, and of any other condition then and there existing; and no person shall drive any motor vehicle upon a highway at such speed as to endanger the life, limb and property of any person, nor at a speed greater than will permit him to bring the vehicle to a stop within the assured clear distance ahead.

Sec42 (a) When two vehicles approach or enter an intersection at approximately the same time, the driver of the vehicle on the left shall yield the right of way to the vehicle on the right, except as otherwise hereinafter provided. The driver of any vehicle traveling at an unlawful speed shall forfeit any right which he might otherwise have hereunder.
(b) The driver of a vehicle approaching but not having entered an intersection shall yield the right of a way to a vehicle within such intersection or turning therein to the left across the line of travel of such first-mentioned vehicle, provided the driver of the vehicle turning left has given a plainly visible signal of intention to turn as required in this

In Adzuara v. Court of Appeals, it was established that a motorist crossing a thru-stop street has the right of way over the one making a turn; but if the person making the turn has already negotiated half of the turn and is almost on the other side so that he is already visible to the person on the thru-street, he is bound to give way to the former.

Which means I had both right of way and a reasonable expectation of safety when I made my turn.

[dr. d]

so where did the bike come from?

lookit the tama on his bike. is it on the left, or is it on the right? lookit the tama on your vehicle. take pictures.

but... is there something wrong with your dashcam? why did it not record the bike as he was crossing your path?

[StockEngine]

checking twice is not enough especially with these reckless mc drivers..

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[Ddlord11]

I was turning right on the intersection from 6oclock turning right to 3clock. The bike came from 9clock going straight to 3oclock. When I had almost completed my turn the bike slammed into me almost parallel from behind to the left, he hit my left fender skidding forward all the way past my bumper that's why the dash cam couldn't get him until point of impact...

Just to add my dash footage clocked in my speed at 10kmh at time of impact. And while I didn't see him until impact his police report statement records that he'd already seen me 50meters away. If he was running at the speed limit of 40kph that averages out to 11m/s meaning he had nearly 5 seconds to avoid a collision but instead chose to barrel through the intersection at speed...

[dr. d]

I was turning right on the intersection from 6oclock turning right to 3clock. The bike came from 9clock going straight to 3oclock. When I had almost completed my turn the bike slammed into me almost parallel from behind to the left, he hit my left fender skidding forward all the way past my bumper that's why the dash cam couldn't get him until point of impact...

you have two left fenders, po. is it the front, or is it the rear fender, that bike hit?

it seems, you did not see the bike...

is the intersection a big one, or is it a small one? how many lanes? could the bike have been hidden from your view, by something?
were you making a sharp turn? were you driving fast?
how's your visual acuity? do you need corrective lenses? were you talking with someone, during the maneuver?

the bike should have fallen to its left, if it were an inanimate object. but as there was a person semi-controlling it...

[StockEngine]

how dark is your driver side tint?

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[Ddlord11]

Front left fender, it was a slow turn my dash cam clocked me at 10kmh at the time of collision, it's a 4 lane intersection..

[Ddlord11]

Not dark at all sir i can be seen from outside right print your face against the glass, and this was 7am in the morning, good visibility all around..

[dr. d]

it would appear, you were way ahead of the bike.
it seems to me, the biker saw you, but despite enough time and distance, did not do anything to avoid you.
so, what's the problem?

[remzam]

it would appear, you were way ahead of the bike.
it seems to me, the biker saw you, but despite enough time and distance, did not do anything to avoid you.
so, what's the problem?

Same conclusion. Even if he hit the left side of your car (the bike's right side) it is both possible for him to fall either left or right side.

Are you trying to know who is at fault or who is lying?

If you have insurance let them handle it. If you can prove, via your dash cam, of your speed, you can contest and prove police authorities you are the aggrieved party.

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[Ddlord11]

Well 2 problems

I was making a legal right turn on red and the mc is arguing he had absolute right of way because he was green

And 2 I entered the second lane as a bicycle that had just passed by decided to suddenly switch to the outermost lane

He's done an estimate for about 40% the cost of a brand new bike of the same model, my own mechanic perused the job order and theorizes he may have hit me on purpose because based on his opinion, the damages sustained on the job order are possibly but unlikely attributed to the bike falling onto it's side. He's suspecting the bike may have had pre existing damage and is looking for a way to cover previous damages. That's why I'm asking if he could've been moving to the right instead of avoiding me to force a collision.

Thanks for the input everyone! Much appreciated!

[StockEngine]

the canvass na if meron cctv na naka tutok sa impact location?

pwede kaya pacheck ang Mc rider history? baka puro sya violation...

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[confused shoes]

I was making a legal right turn on red and the mc is arguing he had absolute right of way because he was green

Ang nakikita kong sign sa mga intersections is "turn right when clear with caution'. Meaning, ikaw ang yield. Right of way ang traffic from 9 o'clock.

The same reason that some intersections have the sign "no right turn on red".

[Ddlord11]

I did yield, if not I wouldn't have been at the point where I was almost parallel to the road already.

[yebo]

Well 2 problems

I was making a legal right turn on red and the mc is arguing he had absolute right of way because he was green

And 2 I entered the second lane as a bicycle that had just passed by decided to suddenly switch to the outermost lane

there, umamin ka din. you did not see him coming and you failed to yield. you were even in the 2nd (innermost) lane. he was green, you were on red making a right turn. case closed.

doctrine of whatever no longer applicable as what some shyster here said. it was overturned many years ago in the sc, so we were told. i may be wrong though.

[yebo]

50 meters is not enough for an mc to stop or change course if he was going the legal speed of 60 kph (city speed limit). you have to take that in consideration when dealing with motorbikes, that their stopping distances are further than 4 wheeled sedans equipped with abs/ebd/ abcdefg. don't judge other vehicles according to the specs of your car. especially if they are 18-wheelers with 30 tons of trailer behind. or for this matter, a 2-wheeled motor.

[yebo]

I did yield, if not I wouldn't have been at the point where I was almost parallel to the road already.

no you did not. if you did then you would'nt be there. if you did yield you would still be at the corner waiting for traffic to safely pass.