Motorcyclist Hit by Truck on US 60

I cover news stories involving motorcycle accidents a lot, primarily because I handle many of these cases. Another motorcycle accident occurred Monday morning, which only highlights a theme that I continually stress. It concerns the type and amount of damage that a vehicle can do to a motorcyclist, regardless of speed, impact, or a million other factors.

In this instance, a motorcyclist was struck and injured by a truck on U.S.60. The truck driver swerved into the far left lane to attempt to avoid slowing traffic, and clipped the motorcycle, causing the rider to hit the ground. The truck then rolled and slid all the way across traffic to the far right lane. The motorcyclist’s injuries were quite severe.

The motorcyclist did everything required of him for safety. He was wearing protective gear and a helmet, maintaining a safe following distance, etc… The details of this accident are why I constantly address this topic. The vehicles we drive are dangerous and heavy machinery, and need to be handled as such. Motorcycles and small economy cars are not going away (especially given the current economy and fuel prices). I truly believe that we need to change our driving habits to make allowances for these types of vehicles. They are small and common----we must keep in mind all types of vehicles when we are on the public roads.

In this instance, it appears that the truck driver was not paying attention to traffic in front of him. Then, he made a bad situation much worse by recklessly veering into the adjacent lane without having any idea what was there. In Arizona, we have a defense that is called the “Sudden Emergency” defense. What it means is that if you are driving down the roadway, and encounter a ‘sudden emergency’, the law may excuse your conduct that follows due to being forced into a split-second decision.

In this instance, it does not seem that the “Sudden Emergency” doctrine would apply. A driver cannot create a ‘sudden emergency’ on their own. In this instance, the truck driver’s inattention appears to have resulted in a poor decision that resulted in serious injuries to the motorcycle rider. Sad.

Of course, liability will still have to be assessed, and the nature and extent of damages determined. This is one of the many reasons why we need the legal system that we have.


**If you have any questions or comments, please feel free to email Chris Zachar directly at Czachar@zacharlaw.com, or visit our website at www.ZacharAssociates.com