Bicycle/Taxi interface - Who's at fault?

Bicycle/Taxi interface - Who's at fault?

Author
Discussion

intrepid44

Original Poster:

691 posts

199 months

Thursday 27th August 2015
quotequote all
I had a bit of a coming together with a taxi last week; which subsequently resulted in me being catapulted over the bonnet and my head connecting with the windscreen!

Fortunately, there were no serious injuries for either party (the taxi driver was quite shaken). I had a small concussion perhaps (quite dizzy, and didn't quite feel myself for the next few days), quite a lot of cuts and some very heavy bruising, my neck ballooned quite significantly and some joint pain, but luckily no broken bones.

Strangely the taxi driver wanted me to sign a piece of paper declaring it as my fault, which I obviously wasn't prepared to do. The police did attend and have taken statements etc. although I don't know what the taxi driver has said.

But I am curious as to the opinions of who's fault it is.

Here are the pics of where it occurred:





I was travelling along the red route at approximately 16 mph according to Strava. As you can see the road splits to a Y section and I followed the left route.

Just around those trees the taxi was travelling at a guess 10 mph at the point of impact and followed the yellow route.

So the argument is whether I cut across his route or vice versa, as unfortunately the road marking aren't exactly clear!

But I do think I had the right of way there, although regardless of whether I was right or wrong; massive lesson learnt! As it could have been so much worse!

CoolHands

18,496 posts

194 months

Thursday 27th August 2015
quotequote all
50-50


next!

hornetrider

63,161 posts

204 months

Thursday 27th August 2015
quotequote all
CoolHands said:
50-50


next!
/thread

TurricanII

1,516 posts

197 months

Thursday 27th August 2015
quotequote all
I agree 50-50 - both going too fast or not paying enough attention to the road. I would probably have had the same bump myself though, wouldn't be expecting anyone coming in or out at the same time as me.

mouseymousey

2,641 posts

236 months

Thursday 27th August 2015
quotequote all
In the absence of any markings I thought we were supposed to give way to traffic on the right. Therefore, taxi driver morally at fault, although undoubtedly it would be settled 50/50.

dacouch

1,172 posts

128 months

Thursday 27th August 2015
quotequote all
By now the taxi driver will have two independent witnesses

mouseymousey

2,641 posts

236 months

Thursday 27th August 2015
quotequote all
dacouch said:
By now the taxi driver will have two independent witnesses
And severe whiplash and loss of earnings.

TooMany2cvs

29,008 posts

125 months

Thursday 27th August 2015
quotequote all
mouseymousey said:
...and loss of earnings.
Umm, he actually WILL be losing earnings as a result. Unless, of course, you'd be happy to get into a cab with a head-print in the middle of the windscreen?

OP - I'd go 50/50 on it, too - both of you should have anticipated something the other side of that blind hedge. I'd also go so far as to say that he didn't have a lot of choice about his line, although he could have been slower - you could definitely have gone wider of the hedge, making yourself more easily visible.

johnfm

13,668 posts

249 months

Thursday 27th August 2015
quotequote all
This is PH.

Its the cyclist's fault...


Pontoneer

3,643 posts

185 months

Friday 28th August 2015
quotequote all
No road markings implies no priority .

I'd agree that either party could have avoided the incident by exercising greater caution / anticipation that someone might have been around the corner , therefore each equally at fault .

Oh , and this may be of interest

http://www.hovding.com/how_hovding_works

flemke

22,864 posts

236 months

Friday 28th August 2015
quotequote all


The spot where the collision happened - is that considered to be "public" road, or privately-owned with public right-of-way?

GreatGranny

9,097 posts

225 months

Friday 28th August 2015
quotequote all
Both going too fast for the situation.


divetheworld

2,565 posts

134 months

Friday 28th August 2015
quotequote all
16mph can be pretty fast in respect to stopping a push bike, as is now evident.
You both could have avoided the collision. Without clear road markings, you both have responsibilities to looking, and acting with caution.
As others have said, seems like 50/50 unless.....
Were you wearing Lycra?

Pete317

1,430 posts

221 months

Friday 28th August 2015
quotequote all
From the way you cut around that blind corner, you would have been visible to each other for about half a second before the collision - not enough time for any avoiding action whatsoever.
In fact, it's probable that you would have hit the taxi even had it been parked there.

Edited by Pete317 on Friday 28th August 08:30

ZX10R NIN

27,491 posts

124 months

Friday 28th August 2015
quotequote all
Simples 50/50

Dammit

3,790 posts

207 months

Friday 28th August 2015
quotequote all
Asking someone with a concussion to sign a form taking all responsibility is the act of a villain, so it's the cabbies fault 100%.

That aside, take a wider line next time and you'd have seen the cab in time to stop or at least mitigate the impact.

paintman

7,669 posts

189 months

Friday 28th August 2015
quotequote all
Your views of each other would be screened by the trees to the left of your red route. This screening makes the entrance dangerous & needing to be approached with caution from either direction.
If your route is as the line you passed very close to this screen & your view would be further reduced as a result. Taking a wider line into the entry would give you a much better view & you may not have had the collision.
The taxi driver may well say that he was going slowly up the driveway when you suddenly shot out from the trees & hit his car.
Likely that it will be NFA by the police but I would suggest that you are at greater fault.

TwigtheWonderkid

43,248 posts

149 months

Friday 28th August 2015
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ZX10R NIN said:
Simples 50/50
Agreed, but a car owes a bigger duty of care to a cyclist than a cyclist does to a car. Just as a cyclist owes a bigger duty of care to a pedestrian than a pedestrian does to a cyclist.

That's not to say a cyclist can't be at fault if in collision with a car, but if I'm in a car and I hit a cyclist in a 50/50 collision, then the onus was on me to avoid that situation. Seeing as the cyclist was always likely to be the loser damage/injury wise.

If the same collision had taken place between a lorry and a car, then the lorry would have the greater responsibility.

TooMany2cvs

29,008 posts

125 months

Friday 28th August 2015
quotequote all
TwigtheWonderkid said:
Agreed, but a car owes a bigger duty of care to a cyclist than a cyclist does to a car. Just as a cyclist owes a bigger duty of care to a pedestrian than a pedestrian does to a cyclist.
No, every road user owes an absolute duty of care to every other road user, no matter what their mode of transport is.

ZX10R NIN

27,491 posts

124 months

Friday 28th August 2015
quotequote all
Size has nothing to do with it, if a van & car/ Pushbike & Motorbike had the same collision it's still a 50/50 everyone is a road user Pushbike Motorbike Car Van all have the responsibility to stay safe as such I don't expect anyone but me to keep me safe & in this case as a cyclist would happily accept that given my lack of good vision & limited braking power that I could have done something to avoid it.