Motorcycle Conspicuity, Motorcycle Accidents, and the Importance of Being Visible
The ultimate evidentiary question in many cases, when vision by the driver of the other vehicle is at issue, often comes down to whether the degree of attention paid was sufficient under the circumstances. Where the motorcycle is in a position to be seen, not hidden from view by some object, the evidence must answer two questions: First, "would a reasonable driver under the circumstances be expected to see the motorcycle?" A driver may not be absolved of negligence by asserting that he maintained a continuous lookout when he failed to see that which he clearly should have seen.
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Editor’s Note: This page has been updated for accuracy and relevancy [cha 11.22.19]