Examining visibility, signals and vehicle paths in a left-turn motorcycle collision.
A driver turning across a motorcycle’s path may say the rider was never visible. To assess that explanation, investigators need to place both vehicles in the moments before the turn. The signal, speed and route of travel matter. So does the rider’s opportunity to avoid the collision. A failure to yield may be part of the case, but responsibility cannot be settled from the driver’s explanation alone.
Several sources may help place the vehicles. Police scene records, the damage and the impact location provide one set of clues; original approach video may supply the timing. Compare those with witness positions and any available signal timing records. Check where each image was taken before treating it as the driver’s view. The driver was seated at road level, not at an overhead camera’s position, and the light at noon differs from the light at night. If the dispute calls for an expert, counsel can obtain measurements of the lanes, obstructions and turn paths.
If the defense says the motorcycle came out of nowhere or was speeding, look for the basis of that claim. A violent impact or a rider’s landing point is not, on its own, a reliable speed calculation. A reconstructionist may use measured positions, video frames and reaction-time analysis to test a range of speeds. The question is whether the crash would still have occurred under other assumptions supported by the evidence, including a slower or faster approach.
Preserve the camera file in its original form. When identifying witnesses, distinguish those who saw the vehicles approaching from people who only saw the aftermath. Ask a family member to record each witness’s location while it is fresh. That information can fill gaps in a police diagram and help test sightlines. Counsel can then ask the driver to describe the sequence: where the vehicle stopped or slowed, what was visible, what obstructed the view and what triggered braking.
For more on reconstruction, see the motorcycle claims and litigation guide. The common-causes article covers other collision patterns. A Dallas rider seeking a case review can use the motorcycle service page. Counsel must identify the rule that applies to the actual maneuver and signal; Texas Transportation Code Chapter 545 contains the relevant conduct provisions.
Does the turning driver always lose? No automatic rule decides every fact pattern. Signals, rider conduct, visibility and physical evidence must be evaluated together.
Find related rider questions in the Texas Motorcycle Accident Knowledge Hub.
ABOUT THE ATTORNEY
Aaron A. Herbert
Founding Attorney
Board Certified in Personal Injury Trial Law
Aaron founded The Law Firm of Aaron A. Herbert in 2010 to focus on developing each client's case and seeking its maximum value. For over a decade, he has represented people seriously injured in major accidents and industrial catastrophes, pursuing trial verdicts and settlements while working to reduce the stress of litigation.
Education
- Texas A&M University · B.S., Criminal Justice, 1999
- University of Oklahoma College of Law · J.D., 2002; graduated in the top of his class
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers
Trial experience & approach
Aaron earned numerous jury verdicts at boutique personal injury litigation firms. According to his biography, he spent a year as the top-earning litigation attorney at a firm that frequently appeared in verdict searches as having one of the highest numbers of trial wins in Texas. At another Dallas personal injury firm, he moved from managing pre-litigation attorney to managing litigation attorney over seven years as the firm grew into one of Dallas's largest personal injury firms.
His biography describes a reputation as one of America's most aggressive trial lawyers, with noteworthy recoveries from judges and juries and substantial pretrial settlements. Most of those settlements included confidentiality agreements requested by the defense. Aaron has said the recoveries were justified by the injuries and losses involved, which no amount of money could make someone choose to experience.
His approach combines passion, preparation, persistence and courtroom imagination. He believes a well-supported, engaged and motivated team working cooperatively helps deliver strong representation, with the goal of achieving the best possible result for every client.
Dallas roots, military service & publication
Born and raised in Dallas, Aaron enlisted in the United States Marine Corps after high school and later received an Honorable Discharge. He completed his university and law degrees after his military service and became a lifelong Sooners football fan in law school.
Publication: “Litigating Dog Bite Cases,” Texas Dog Law Seminar, Dallas, 2009.
Professional affiliations & recognition
Professional affiliations and recognition listed in Aaron’s biography:
- State Bar of Texas
- American Bar Association
- Association of Trial Lawyers of America (now American Association for Justice)
- Texas Trial Lawyers Association
- Dallas Trial Lawyers Association
- Dallas Bar Association
- Tarrant County Bar Association
- Million Dollar Advocates Forum
- The National Trial Lawyers – Top 100 Trial Lawyers