A316 car vs Bike, whose fault is this?

A316 car vs Bike, whose fault is this?

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Discussion

Magog

Original Poster:

2,652 posts

190 months

Saturday 11th October 2014
quotequote all
Only posting this up because I recognised the location, but who is at fault in a situation like this?

Warning as it's on liveleak there may will be some NSFW stuff on the page.

http://www.liveleak.com/view?i=1bc_1412968499

jjones

4,427 posts

194 months

Saturday 11th October 2014
quotequote all
st riding by the bike without doubt.

still if you join from a side road you must give way, the golf didn't




Mastodon2

13,826 posts

166 months

Saturday 11th October 2014
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A bit of both, bike was going too quickly to avoid the collision, poor observation from the car - if he'd looked through the glass of the car between him and the bike he'd have likely spotted the bike, instead he probably just looked at the car, didn't question what might be beyond it and pulled out.

Miner49er

382 posts

206 months

Saturday 11th October 2014
quotequote all
Both.

Driver more so IMO.

Edited by Miner49er on Saturday 11th October 01:05

jjones

4,427 posts

194 months

Saturday 11th October 2014
quotequote all
Mastodon2 said:
if he'd looked through the glass of the car between him and the bike he'd have likely spotted the bike, instead he probably just looked at the car
it's pretty blurry but it seems he wasn't looking to his right at all (towards the car/bike) as he was pulling out but only to his left, to me it seems that he has made an assumption that as the car to his right is letting him out then that direction is clear of hazards.

MissChief

7,121 posts

169 months

Saturday 11th October 2014
quotequote all
A good indicator that bikes shouldn't really be riding past a queue of traffic on the wrong side of the road. Whilst the car driver could and probably should have looked right as well, who would?

Mastodon2

13,826 posts

166 months

Saturday 11th October 2014
quotequote all
MissChief said:
A good indicator that bikes shouldn't really be riding past a queue of traffic on the wrong side of the road. Whilst the car driver could and probably should have looked right as well, who would?
Someone who doesn't want to catch a bike with their bonnet. Bikes filter, be on the lookout.

MissChief

7,121 posts

169 months

Saturday 11th October 2014
quotequote all
Mastodon2 said:
MissChief said:
A good indicator that bikes shouldn't really be riding past a queue of traffic on the wrong side of the road. Whilst the car driver could and probably should have looked right as well, who would?
Someone who doesn't want to catch a bike with their bonnet. Bikes filter, be on the lookout.
True, but legally:

What the law says about filtering

Contrary to the belief of some motorists, filtering is entirely legal in the UK, providing that it is done safely. Typically once traffic speeds are high enough to suggest that the traffic is no longer queuing, the police may then regard your manoeuvre as a dangerous overtake. So for example on a Motorway a rider unlikely to draw police attention if they filter traffic doing 20ish mph or less and they themselves don’t pass at much over an additional 20mph. I referred to this in other articles as the 20:20 guide.

Don’t filter traffic doing more than 20mph and don’t pass at more than 20 mph over their speed. This will typically see your maximum filtering speed set at 40mph. Although in some situations this can be increased a little, while in others this absolutely needs to be lower. It's worth remembering to set your filtering speed according to how quickly you need to stop, not how fast you can negotiate the traffic.

It could also be said that this might apply:

A) Side Roads - You were filtering traffic on the approach to a side road when a driver pulled out from the side road into your path. This is likely to be treated as knock for knock if you hit them on the side. However, if they emerge into the oncoming lane and you hit them head on (on their side of the road). You are likely to be held fully liable. I am aware of one motorcyclist who was prosecuted in this situation for driving without due care.



XJ Flyer

5,526 posts

131 months

Saturday 11th October 2014
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It wasn't worth the risk of turning right.It would have been better to take the extra time to turn left and turn back at the roundabout.

MissChief

7,121 posts

169 months

Saturday 11th October 2014
quotequote all
XJ Flyer said:
It wasn't worth the risk of turning right.It would have been better to take the extra time to turn left and turn back at the roundabout.
He's probably made that turn hundreds of times and looking at the traffic he'd have to join or the empty road going in his direction can you honestly say you'd turn left and join the traffic every time?

XJ Flyer

5,526 posts

131 months

Saturday 11th October 2014
quotequote all
MissChief said:
XJ Flyer said:
It wasn't worth the risk of turning right.It would have been better to take the extra time to turn left and turn back at the roundabout.
He's probably made that turn hundreds of times and looking at the traffic he'd have to join or the empty road going in his direction can you honestly say you'd turn left and join the traffic every time?
Personally if it was me I'd prefer to join the queue every time considering all the potential conflict points of turning right across multi lanes there through queuing traffic with limited vision right and left.That is just allowing for approaching cars,trucks and buses in either direction let alone bikers inevitably taking chances as usual.

MissChief

7,121 posts

169 months

Saturday 11th October 2014
quotequote all
XJ Flyer said:
Personally if it was me I'd prefer to join the queue every time considering all the potential conflict points of turning right across multi lanes there through queuing traffic with limited vision right and left.That is just allowing for approaching cars,trucks and buses in either direction let alone bikers inevitably taking chances as usual.
Then I would consider your choice the extreme exception.

DuraAce

4,240 posts

161 months

Saturday 11th October 2014
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MissChief said:
Whilst the car driver could and probably should have looked right as well, who would?
I would have done. My last look before moving is always in the direction I am travelling. I ride a bike as well so have paranoia about this exact thing happening when I'm in the car.

DrDoofenshmirtz

15,252 posts

201 months

Saturday 11th October 2014
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I'd say biker at fault. Poor observation skills.

Motorrad

6,811 posts

188 months

Saturday 11th October 2014
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Both. You think the biker would have been filtering slower and the first bike filtering might have provided a clue to the driver of the golf that traffic may have still been coming from the right.

DrDoofenshmirtz

15,252 posts

201 months

Saturday 11th October 2014
quotequote all
I'd say biker at fault. Poor observation skills.

Sensibleboy

1,144 posts

126 months

Saturday 11th October 2014
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The car driver was only slowly entering the road as if he expected something to be going past...why didn't the bike move further out?

Willy Nilly

12,511 posts

168 months

Saturday 11th October 2014
quotequote all
The bike was already established on the road, so has priority. However it looked as though the Golf was being let out and the bike should have seen 2 cars stopped, wondered wtf,then adjusted his speed and position. I doubt the Golf driver could even see the bike.

zebra

4,555 posts

215 months

Saturday 11th October 2014
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They are both at fault.

Hungrymc

6,687 posts

138 months

Saturday 11th October 2014
quotequote all
MissChief said:
A good indicator that bikes shouldn't really be riding past a queue of traffic on the wrong side of the road. Whilst the car driver could and probably should have looked right as well, who would?
Did you notice one bike already passed as he was edging out? That should have been the clue to anyone, even someone who mistakenly thinks they don't need to.

However in my view, both contributed to the accident.