Turning Driver's Failure to Yield vs. Overtaking Motorcyclist's Fault

A driver, while making a right turn across a lane of traffic, collided with a motorcyclist who was overtaking on the left, resulting in injury to the motorcyclist; the motorcyclist appealed a lower court ruling that found shared fault. The Court of Cassation quashed the decision, reasoning that the driver making the turn had a fundamental obligation to yield the right-of-way to traffic in the continuous lane, and the fault of the overtaking motorcyclist, even if present, could not absolve the turning driver of their primary responsibility in causing the collision.