Driver hits motorcyclist, blames spider

A viral video of a car slamming into a motorcyclist who was passing illegally has people asking, “Who’s to blame?”

A Texas man has been charged with two counts of aggravated assault with a deadly weapon after he struck a motorcycle while swerving left of center. The video shows motorcyclist Eric Sanders crossing double yellow lines as he passes a car, driven by William Crum. As the motorcycle tries to pass the car, Crum swerves violently, striking the motorcycle. Sanders and his girlfriend are ejected from the bike and roll into the ditch. CBS News reports:

The man who shot the video confronted Crum and recorded the exchange.

“What were you doing? You hit them,” the man can be heard saying.

“I don’t care,” Crum replies.

The driver of the car initially claimed he was stung by a wasp, but later asserted that it was the “heavy sting” of a spider bite, which caused the accident.

If you haven’t seen it yet, check out the shocking video:

Who’s to blame?

Whether you believe Crum’s sting/bite story or not, this much is clear: both drivers were at fault for illegally crossing the double yellow line. In a partial-blame accident, an insurance company claims adjuster will assign degrees of fault based on the circumstances of your accident. While you can negotiate with your claims adjuster, if you cannot come to an agreement, it’s wise to seek legal representation. In an Ohio partial-fault lawsuit, a jury determines how much each party’s actions contributed to the plaintiff’s injuries, a legal concept known as Comparative Negligence.

Comparative Negligence in a motorcycle lawsuit

Ohio law provides for a reduction in the recovery of damages for parties whose negligence contributes to the accident.[1] That means if you are partially to blame for your motorcycle accident (contributory fault), you and the other driver will share the cost of damages from the accident in proportion to your share of negligence. In other words, you can recover your damages, minus the percent caused by your actions. So, for example, if the jury awards you $100,000 to pay for your hospital bills and lost wages, but finds you are 30% responsible for the accident; you will only receive 70% of the jury award, or $70,000.

It’s important to remember that in Ohio, if you are more than 50% at fault for your motorcycle accident, you may not recover any losses from the other driver; so, be smart and follow all traffic laws!

Sources:

“Unusual Explanation from Driver Whose Car Hit Motorcycle.” CBSNews. CBS Interactive, 20 Oct. 2015. Web. 21 Oct. 2015.

[1] Ohio Rev. Code Ann. § 2315.33 – The contributory fault of a person does not bar the person as plaintiff from recovering damages that have directly and proximately resulted from the tortious conduct of one or more other persons, if the contributory fault of the plaintiff was not greater than the combined tortious conduct of all other persons from whom the plaintiff seeks recovery in this action and of all other persons from whom the plaintiff does not seek recovery in this action. The court shall diminish any compensatory damages recoverable by the plaintiff by an amount that is proportionately equal to the percentage of tortious conduct of the plaintiff as determined pursuant to section 2315.34 of the Revised Code.