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Author Who's fault would it be? Motorcyclist
Whittie
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Registered: 11th Aug 06
Location: North Wales Drives: BMW, Corsa & Fiat
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3rd Sep 14 at 18:04   View User's Profile U2U Member Reply With Quote

Was stuck in traffic for a while this morning, two lanes went down to one, everyone was moving about 5 mph, literally crawling.

I was in the outer lane, so indicator went on for me to move into the slow lane, waited for a gap to appear, got the nod from the driver on the other side, about to move across, final check of mirror and a bike was going 20-25mph through the middle of the two lanes.

If I pulled out and hit him, who would have been at fault?
pow
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Registered: 11th Sep 06
Location: Hazlemere, Buckinghamshire
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3rd Sep 14 at 18:06   View Garage View User's Profile U2U Member Reply With Quote

Yours really, would have been no proof of his 'filtering' speed. They have got a death wish doing that though
Gaz
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Registered: 24th Aug 03
Location: Widnes, Cheshire
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3rd Sep 14 at 18:13   View User's Profile U2U Member Reply With Quote

if you had checked your mirrors then and still made the move and hit him = you, driving without due care and attention

If you hadn't have checked your mirrors and made the move anyway = you driving without due care or attention

it's one of lives little lessons to recheck mirrors!
Ian
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Registered: 28th Aug 99
Location: Liverpool
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3rd Sep 14 at 18:33   View Garage View User's Profile U2U Member Reply With Quote

I did read something a while back that filtering accidents fairly regularly go 50% blame to the cyclist. Did surprise me why you'd do it when if a car makes the manoeuvre without observations then you're still in the wrong, but it mustn't be that much of a disincentive.

I also think you'd have a case that its not a filtering situation therefore you're not obliged to give way. If you're already merging then the bike has a duty to as well. Another reason why its a better idea to merge at the hazard and not early. If you did it early and took him out, you'd have less of of a defence in this regard.

Also - re the speed - you don't need proof as such - you're not obtaining a conviction, just apportioning liability. You could still make the case that he was going an inappropriate speed for the conditions and contributed to it (which I think is the assumption in that 50% angle anyway).

My advice would be to tow a car trailer, that way he'll slide off without too much damage.
Ben G
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Registered: 12th Jan 07
Location: Essex
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3rd Sep 14 at 18:55   View User's Profile U2U Member Reply With Quote

One of the many reasons why I never switch lanes whilst in slow moving traffic. Far too many cunts on bikes thinking they're Ghost rider.
Cavey
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Registered: 11th Nov 02
Location: Derby
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3rd Sep 14 at 20:10   View User's Profile U2U Member Reply With Quote

Motorcyclists can do what they want, every accident is the car drivers fault. THINK BIKE
Kyle T
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Registered: 11th Sep 04
Location: Selby, North Yorkshire
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6th Sep 14 at 00:51   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Cavey
Motorcyclists can do what they want, every accident is the car drivers fault. THINK BIKE


This irks me somewhat too. When you're on the difficult to see bike you should be making allowances for the majority of road users, not the other way around.

Saw a video today of a helmet cam from a bloke who died when a clio turned across the road into the path of the bike doing just under 100mph. My Ma died under very similar circumstances and I've still got minimal sympathy for the bikers in accidents like this.



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Sly_SRi
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Registered: 9th Apr 04
Location: Reading, UK Drives: Corsa C
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6th Sep 14 at 06:19   View Garage View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Kyle T
quote:
Originally posted by Cavey
Motorcyclists can do what they want, every accident is the car drivers fault. THINK BIKE


This irks me somewhat too. When you're on the difficult to see bike you should be making allowances for the majority of road users, not the other way around.

Saw a video today of a helmet cam from a bloke who died when a clio turned across the road into the path of the bike doing just under 100mph. My Ma died under very similar circumstances and I've still got minimal sympathy for the bikers in accidents like this.



I saw that video also. It's scary, but it does seem like a lot of bikers take unnecessary risk. Even when I approach those type of junctions in a car I always approach at reduced speed and often hover my foot over the brake pedal just in case.


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gazza808
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Registered: 30th Jun 08
Location: Peterborough
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6th Sep 14 at 21:12   View User's Profile U2U Member Reply With Quote

Also seen this video, was a local lad,

Feel sorry for the driver of the car tbh he's getting a rught pasting every where.
From a bikers point of view I blame the biker,
If he hadn't over taken where he shouldn't be, he wouldn't of been in that situation at all,
And if he wasn't excessively speeding he'd probably be still alive just broken and battered.
jay26
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Registered: 22nd Feb 08
Location: North Lincolnshire
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6th Sep 14 at 22:15   View User's Profile U2U Member Reply With Quote

Agree with it being the bikers fault in the video doing the rounds. It's silly for the car driver to take the blame for the accident.
John
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Registered: 30th Jun 03
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6th Sep 14 at 23:25   View User's Profile U2U Member Reply With Quote

Watched that video, power ranger on a motorbike, probably dressed in black, doing 100mph approaching a crossroads, can't possibly be the car drivers fault. Would have had no idea he was coming and biker should know better.

Unfortunately on this occasion he's paid with his life for that mistake.

 
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