Cyclist "doored" by car passenger - input and advice please!
Discussion
gradeA said:
She didn't exactly leg it at the scene - she hid around the corner until my OH and the cyclist had left the scene, then came back to the confused car driver to see if she could continue her lift home after all... I'd hazard the reason she walked off would have been the hairdryer treatment she received from my OH due to standing there and not attempting to assist the injured party (which was what my OH was doing).
Regardless, I suspect she'll never take responsibility for what happened, nor will she suffer any consequences. Such is the way of the world.
Any reaction which is not "Oh sRegardless, I suspect she'll never take responsibility for what happened, nor will she suffer any consequences. Such is the way of the world.
t! Are you hurt?! Let me help you, I am so sorry!" constitutes legging it in my view. Perhaps "common sense" is the wrong term and I should have used "giving a fk about anyone other than oneself," but it sounds like she fails both tests, so...As you can tell this has wound me up more than it should have done, because I've had a few near-misses with car doors (where people have gone to open them, then glanced, seen me, and closed them sharpish) and I can just imagine getting the same stony-faced "dont know nuttin' 'bout 'nuttin" reaction.
Not sure why there is so much vitriol.
3 people involved, facts...
Driver - innocent but insured.
Cyclist - conducting an unwise move (see Highway Code) without sufficient care and, could be travelling too fast as there's a question as to whether he could stop at the junction or did he intend to quickly scoot by and expect to continue cycling around the bend? So, he may or may not have contributed to his own mishap. He's probably not insured but, if he contributed to the incident the driver might have a case to recover cost of any damage to his car !!
Passenger - an adult who can be expected to take responsibility; if house owner there insurance may cover 3rd Party liability. Cyclist, and maybe the driver, could make a claim against her via the Small Claims Court.
Outcome on blame is down to the balance of the facts which we do not have !!
3 people involved, facts...
Driver - innocent but insured.
Cyclist - conducting an unwise move (see Highway Code) without sufficient care and, could be travelling too fast as there's a question as to whether he could stop at the junction or did he intend to quickly scoot by and expect to continue cycling around the bend? So, he may or may not have contributed to his own mishap. He's probably not insured but, if he contributed to the incident the driver might have a case to recover cost of any damage to his car !!
Passenger - an adult who can be expected to take responsibility; if house owner there insurance may cover 3rd Party liability. Cyclist, and maybe the driver, could make a claim against her via the Small Claims Court.
Outcome on blame is down to the balance of the facts which we do not have !!
Legal bods might like to comment. What would the reasonable actions of a road user be to spotting a freshly parked vehicle ,with passengers in? Personally , I'd be looking to give it a wide berth, as from experience, non drivers can open a door into traffic without looking. IF cyclists want equal rights and respect,( and clearance spaceon passing), then PERHAPS, they might learn that parked cars with occupants are hazards.
stuart313 said:
otolith said:
stuart313 said:
Another thing, youtube is full of cyclists giving verbals and hand signals to vehicles they consider have passed them too closely, yet when a cyclist passes very close to a car its ok.
When you walk through the supermarket car park, how close are you happy to get to a parked car? Is that how close you'd be happy to be passed by a car if you have to walk in the road?drdel said:
Cyclist - conducting an unwise move (see Highway Code) without sufficient care and, could be travelling too fast as there's a question as to whether he could stop at the junction or did he intend to quickly scoot by and expect to continue cycling around the bend? So, he may or may not have contributed to his own mishap
What a massive pile of steaming bullst.[quote=Who me ?]Legal bods might like to comment. What would the reasonable actions of a road user be to spotting a freshly parked vehicle ,with passengers in? Personally , I'd be looking to give it a wide berth, as from experience, non drivers can open a door into traffic without looking. IF cyclists want equal rights and respect,( and clearance spaceon passing), then PERHAPS, they might learn that parked cars with occupants are hazards.
[/quote]
It wasn't parked though, was it? It was queuing to turn right. Why is the onus on cyclist to suspect the passenger door of a car waiting to turn right might suddenly open, rather than the passenger to check there's nothing coming before opening the door into a live traffic lane? How fast do you drive past stationary traffic in other lanes? Less than 10mph?
[/quote]
It wasn't parked though, was it? It was queuing to turn right. Why is the onus on cyclist to suspect the passenger door of a car waiting to turn right might suddenly open, rather than the passenger to check there's nothing coming before opening the door into a live traffic lane? How fast do you drive past stationary traffic in other lanes? Less than 10mph?
[quote=Who me ?]Legal bods might like to comment. What would the reasonable actions of a road user be to spotting a freshly parked vehicle ,with passengers in? Personally , I'd be looking to give it a wide berth, as from experience, non drivers can open a door into traffic without looking. IF cyclists want equal rights and respect,( and clearance spaceon passing), then PERHAPS, they might learn that parked cars with occupants are hazards.
[/quote]
You may want to read the details of what actually happened.. ;-)
To add - cyclist was not going fast, he was approaching a T-junction where he would have been expecting to stop. OH has confirmed he was filtering at a safe speed and not squeezing up the side of the cars. Door was opened immediately in front of him with no warning and no opportunity to avoid. If you'd like to call her a liar to her face, be my guest..!
[/quote]
You may want to read the details of what actually happened.. ;-)
To add - cyclist was not going fast, he was approaching a T-junction where he would have been expecting to stop. OH has confirmed he was filtering at a safe speed and not squeezing up the side of the cars. Door was opened immediately in front of him with no warning and no opportunity to avoid. If you'd like to call her a liar to her face, be my guest..!
drdel said:
Not sure why there is so much vitriol.
3 people involved, facts....
Cyclist - conducting an unwise move (see Highway Code) without sufficient care and, could be travelling too fast as there's a question as to whether he could stop at the junction or did he intend to quickly scoot by and expect to continue cycling around the bend? So, he may or may not have contributed to his own mishap. He's probably not insured but, if he contributed to the incident the driver might have a case to recover cost of any damage to his car !!
Are those really facts?3 people involved, facts....
Cyclist - conducting an unwise move (see Highway Code) without sufficient care and, could be travelling too fast as there's a question as to whether he could stop at the junction or did he intend to quickly scoot by and expect to continue cycling around the bend? So, he may or may not have contributed to his own mishap. He's probably not insured but, if he contributed to the incident the driver might have a case to recover cost of any damage to his car !!
Who me said:
Legal bods might like to comment. What would the reasonable actions of a road user be to spotting a freshly parked vehicle ,with passengers in? Personally , I'd be looking to give it a wide berth, as from experience, non drivers can open a door into traffic without looking. IF cyclists want equal rights and respect,( and clearance spaceon passing), then PERHAPS, they might learn that parked cars with occupants are hazards.
Disclaimer: not legal nor bod. I believe the onus is on the door opener to check for vehicles before doing so. I don't believe the car in the OP was in any way parked.
Also, I try to stay out of parked cars' door range, and I scan for occupants; how am I to go about convincing motorists that I am due equal rights and respect?
In particular this "clearance spaceon passing". I'm assuming here you think cyclists don't normally deserve considerate clearance when being overtaken. I think I'd like this as sometimes cars pass really quite unnecessarily close and it scares me. Is there a recognised badge or something that says I don't pass parked cars within door range?
aizvara said:
Is there a recognised badge or something that says I don't pass parked cars within door range?
No no no no no, you misunderstand the rules. It doesn't matter what you do because cyclists are a collective, not individuals.If every single cyclist in the land; now, in the past, and in the future; follows every rule real and imaginary; anticipates and mitigates every event expected and unexpected; avoids holding motorists up for even the briefest moment whilst being one less car on the road; stoically receives all criticism without comment, no matter how hypocritical; subjects themselves to mots, licenses, registration and road tax even though there is no means to do so; then you will be worthy of respect on the roads. until then, you deserve everything you get... ;-)
In 1971 I'd just left Mile End Road underground station and was walking to the pedestrian crossing. Traffic was (as usual) solid. A moped rider was being oh-so clever by 'filtering' along the nearside at speed and failed to see the old dear on the crossing who emerged from in front of a stationary car, about to reach the kerb.
He knocked her shopping bag flying; she was OK (but shocked), he and his wretched device slithered horizontally along the road to a halt....
...right in front of a policeman, who'd seen it all. He looked down at the idiot, out came the notebook, followed by "Name?".
He knocked her shopping bag flying; she was OK (but shocked), he and his wretched device slithered horizontally along the road to a halt....
...right in front of a policeman, who'd seen it all. He looked down at the idiot, out came the notebook, followed by "Name?".
Edited by nickwilcock on Saturday 4th July 14:59
aizvara said:
Is there a recognised badge or something that says I don't pass parked cars within door range?
163 Overtake only when it is safe and legal to do so. You should not get too close to the vehicle you intend to overtake.I'm pretty sure you can fail your test for squeezing past parked cars, I guess car drivers are just trained to have more sense.
toerag said:
163 Overtake only when it is safe and legal to do so. You should not get too close to the vehicle you intend to overtake.
I'm pretty sure you can fail your test for squeezing past parked cars, I guess car drivers are just trained to have more sense.
But you prove the opposite!I'm pretty sure you can fail your test for squeezing past parked cars, I guess car drivers are just trained to have more sense.
So tell us - when you encounter a queue turning right, You don't want to turn right and the left lane is clear, do you still join the queue anyway?
toerag said:
I guess car drivers are just trained to have more sense.
Did you see the video on the dashed thread where the car driver undertook on the pavement?And do you really regard this as an overtake? When you're going straight on at a junction, are you really overtaking the stationary
stationary cars waiting to turn right?
Edited by Mave on Saturday 4th July 09:51
Ask the cyclist a question....
If he were to do that same manoeuvre again in the coming weeks (which in my mind is totally acceptable and OK) would he go a little slower when passing the waiting cars? My bet is that he would say yes.
Why would he go slower? Not to avoid the accident as by the sounds of it, it was too late to react at whatever speed he was going but to minimise the damage and injury. If thats the case - isn't that admitting he was actually going too fast in the first place.....?
Now, I'm not blaming the cyclist - The twonk opening the door should have looked regardless - she caused the accident to happen. However, if the cyclist was going just a little slower the result of the accident wouldn't have been so bad.
She caused the accident but he should take some responsibility for the severity of the injuries.
If he were to do that same manoeuvre again in the coming weeks (which in my mind is totally acceptable and OK) would he go a little slower when passing the waiting cars? My bet is that he would say yes.
Why would he go slower? Not to avoid the accident as by the sounds of it, it was too late to react at whatever speed he was going but to minimise the damage and injury. If thats the case - isn't that admitting he was actually going too fast in the first place.....?
Now, I'm not blaming the cyclist - The twonk opening the door should have looked regardless - she caused the accident to happen. However, if the cyclist was going just a little slower the result of the accident wouldn't have been so bad.
She caused the accident but he should take some responsibility for the severity of the injuries.
Ya, somewhere earlier it was said two broken ribs. I cycle for pleasure and drive a lot too, it was painful when I wasknocked off the bike not in any way due to my own fault. The lesson here is drvers/passengers need to be aware more and cyclists if they don't want pain need to allow room for the motorists error.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff