Legally: the Biker. Traffic entering the road whether backing out or pulling into the road has to yield to traffic, which you can clearly see the minivan did, even though he had pulled into a portion of the street, he didn't actually enter the right of way of the motorcycle. The motorcycle would've passed safely without a collision.
This accident would be failure to control rather than failure to yield. Same as if a passing car panicked and ran into a tree in the front yard of the house.
Now biker to biker, this person (OP?) needs to seriously consider their braking skills. As is often the case with motorcyclists, they do not practice emergency braking enough and often panic in these types of situations. Had this been at faster speed and a car turning into the left of the bikers right of way, he'd probably be dead. This drop was totally avoidable and 100 % panic and absolutely 0 % the cars fault.
Last edited by RedAndBlack; 05-31-2016 at 06:06 PM.
Reason: Autocorrect felt that "pan nick" was more appropriate than panic