Accident with Motorcycle

[tvj0324]

What is the name of your state? Texas
Less than 2 months ago I was involved in an accident with a motorcycle. The light had just turned yellow for me and there was insufficient time to safely stop. A motorcycle going approximately 100 mph (the police on scene said he was "doing triple digits") hit me in the rear driver side quarter panel, instantly killing him. He was not wearing a helmet or any other protective gear. My car was spun around about 270 degrees. It is obvious that the guy was going WAY over the legal speed limit of 40mph since a 600lb motorcycle spun a 1600lb car around. I don't know if he had insurance and the police report is still not ready. I have recived a letter from the family's attorney that I am being sued due to my negligence. How is this possible and is this common for a lawsuit to be filed when I am obviously not at fault. Is it because my light was yellow??!!??

 

[Some Random Guy]

You are being sued because there is money available from your insurance company and because the family has a contingency lawyer that won't cost them anything.

Fault and legal responsibility have nothing to do with it.

 

[medinaserpa]

Well I am kind of in a similar situation. Only my parents were the motorcycle and my mother was the one who died. And I can tell you from our experience. The kid who hit my parents was at fault. He did a u turn in front of him. And we can sue him but we will not get anything because he is 19 and has nothing, but what ended up happening is we got the insurance policie limits from his insurance because he was at fault. Although I know that his family can make both insurance policies pay for any medical bills he might have racked up. Once his insurance policy is maxed out then yours will start paying. As for them trying to sue you they can try but as long as you are completly at fault then they won't get anything. I do have a question. You said the light was yellow, did it turn red at anytime while you were crossing the intersection? Because if so then that technically you ran a red light and can be found at fault.

 

[taxpayer]

If your in the intersection not just crossing it your guilty of running a red light period.

 

[tvj0324]

The light was still yellow at the time the collision happened.