Originally Posted by der_saeufer
In most states, the car driver is still in the wrong in this case. If you're turning right, you need to move all the way to the right side of the lane. Even where not legally required, it's still driver's ed 101. Turning without signalling when other vehicles are around is also universally illegal.
Of course, the motorcyclist can also get cited for splitting the gap depending on local laws and how wide the lane is. But in a lot of places, it's quite common for the right lane to be wide enough for two cars to pass (slowly) and universally understood that you move right to turn right. When some asshat sits in the center of a lane that's 16' wide (and clearly intended for right-turners to slip past), you better believe I'll slip past him on the bike.
A similar crash happened to a friend in Denver; he was in a car turning right from next to the curb and a dumbass in a pickup turned right from the left side of the very wide lane. Pickup driver got cited.
regardless of who is legally at fault, getting j-hooked by a car while on a bike can turn out badly for us. it's just something to think about.
i do it at times, too, but i don't kid myself about the danger of it. and, if i got j-hooked doing it, i would consider it partially my fault (and partially the car's fault for the reasons you mentioned) regardless of what the law says. (i'm 99.9% certain that in PA it is illegal, but i could be wrong.)
and i certainly do not feel i am somehow entitled to do it (or anything else) just because i ride a motorcycle. (if the traffic engineers actually intended to allow right turners to slip past, they would have marked a right turn lane.)