Who's At Fault Here? - Car Vs Cyclist (Video)

Who's At Fault Here? - Car Vs Cyclist (Video)

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Discussion

Retroman

Original Poster:

961 posts

132 months

Thursday 3rd September 2015
quotequote all
Seen this doing the rounds on a Facebook page i follow.
Not involved in any way myself but curious, especially as all the armchair experts in the comments would put the blame 100% on the cyclist.

Edit: Cyclist was on the phone at the time of the accident.

https://www.facebook.com/143233165824638/videos/56...

eatcustard

1,003 posts

126 months

Thursday 3rd September 2015
quotequote all
Car driver is at fault, but the cyclist is a Muppet for being on his phone.

LoonR1

26,988 posts

176 months

Thursday 3rd September 2015
quotequote all
Car driver. End of thread.

The use of a mobile phone isn't banned on a bike and even it were, it would be a "motoring" offence and have no bearing on the liability outcome. It might be possible to argue some contributory negligence, but it would be very small and quite unlikely given the way the car emerges.


tapereel

1,860 posts

115 months

Thursday 3rd September 2015
quotequote all
Cyclist!

The car driver was taking just about all of the care he coud in that situation.

cyclists don't help themselves even if they are vulnerable. Saw one yesterday cycle straight through a t-junction in Bath with the lights set of red for him. he didn't seem to care a jot.

roofer

5,136 posts

210 months

Thursday 3rd September 2015
quotequote all
Car stopped as soon as he had clear vision from the behind the van. The fat bloke in his wife's underwear saw the car long before it saw him, so fat bloke is in the wrong.

CaptainMorgan

1,454 posts

158 months

Thursday 3rd September 2015
quotequote all
Car was stationary at the time of impact, I'd have said 50/50 maybe?

G-Rich

209 posts

213 months

Thursday 3rd September 2015
quotequote all
As always - forget it's a cyclist and assume it was a car - a car driving down that road at a sensible speed would never stop in time as the car pulls out - the driver should be well aware that the front of his car is visible to oncoming traffic when pulling out long before he can see - he should therefore edge out t give oncoming traffic a chance.

Driver at fault - cyclist a tool for not being 100% in control - use of mobile phones and headphones on a bike should be a criminal offence


Edit - watching it carefully frame by frame - it's difficult to see - but the car does edge out as I described above - cyclist is equally at fault for not paying attention and braking or taking any avoiding action.

Edited by G-Rich on Thursday 3rd September 20:09


Edited by G-Rich on Thursday 3rd September 20:10

Baryonyx

17,990 posts

158 months

Thursday 3rd September 2015
quotequote all
The driver should have edged out more slowly, but if the cyclist had been concentrating and actually reading the road that crash would never have happened.

Retroman

Original Poster:

961 posts

132 months

Thursday 3rd September 2015
quotequote all
I was thinking the same thing. If it was another car that hit the car pulling out, no one would question who was at fault but because it's a cyclist and a lot of motorists dislike cyclists they will try and find ways to blame them for what happened.

Car failed to give way to traffic already on the road. An experienced cyclist who wasn't on the phone might have been able to dodge it or stop in time but the average cyclist would have no chance.

LoonR1

26,988 posts

176 months

Thursday 3rd September 2015
quotequote all
Let's take the cyclist out and replace him with you in your car (aka everyone on here's pride and joy). Now tell me how many of you are happy to be held at fault fully or partially for the accident? You can even be on your phone too if you like.

Just for clarity you're all saying that if you're driving down a road and a car edges out into your path, you're happy to lose all or half of your excess and at least two years NCD, as well as having a partial or full fault claim to declare on your insurance for the next 3-5 years.

If anyone wants to try to be the car edging out and claim no liability for the accident due to the phone, then feel free. There is a key difference between motoring offences amd liability in accidents, so that negates any "he was on his phone, so it's not my fault" comments upfront.

untakenname

4,953 posts

191 months

Thursday 3rd September 2015
quotequote all
tbh the cyclist should have stopped pedalling and put on the brakes and then it could have been avoided but it's no different getting a photo out of your pocket to drinking from a water bottle or changing the radio station in a car.

ging84

8,827 posts

145 months

Thursday 3rd September 2015
quotequote all
The cyclist is at fault, he should have been driving a car, the other driver would probably have seen him, and if not, he wouldn't have needed to take a tumble and suffer actual injuries to get his £5k personal injury compensation. Although probably wouldn't matter, he'd have been parked up at home not even needing a shower, 15 minutes before that car actually pulled out.

ORD

18,086 posts

126 months

Thursday 3rd September 2015
quotequote all
Car.

Driver did the now usual 'Barrel into junction and anchor on if necessary'. That was not 'creeping out' but taking up a position before you can see it is clear. Very poor driving.

anonymous-user

53 months

Thursday 3rd September 2015
quotequote all
tapereel said:
Cyclist!

The car driver was taking just about all of the care he coud in that situation.

cyclists don't help themselves even if they are vulnerable. Saw one yesterday cycle straight through a t-junction in Bath with the lights set of red for him. he didn't seem to care a jot.
Two wrong answers and an irrelevant don't make you right.

Kawasicki

13,041 posts

234 months

Thursday 3rd September 2015
quotequote all
cyclist in the wrong

car driver didn't pull out quickly, and only pulled out far enough to have a look, then stopped.

Mr GrimNasty

8,172 posts

169 months

Thursday 3rd September 2015
quotequote all
G-Rich said:
As always - forget it's a cyclist and assume it was a car - a car driving down that road at a sensible speed would never stop in time as the car pulls out - the driver should be well aware that the front of his car is visible to oncoming traffic when pulling out long before he can see - he should therefore edge out t give oncoming traffic a chance.
Utter tosh. A car would have stopped no problem whatsoever, assuming the driver wasn't looking at his phone.

The cyclist would have had no problem stopping/steering either, if he had been cycling with due care.

It's like a cliche driving test hazard perception incident!

Laurel Green

30,770 posts

231 months

Thursday 3rd September 2015
quotequote all
Baryonyx said:
The driver should have edged out more slowly, but if the cyclist had been concentrating and actually reading the road that crash would never have happened.
This.

LoonR1

26,988 posts

176 months

Thursday 3rd September 2015
quotequote all
Is anyone going to answer my question?

roofer

5,136 posts

210 months

Thursday 3rd September 2015
quotequote all
LoonR1 said:
Is anyone going to answer my question?
If you answer mine, you're a cyclist ?

eldar

21,614 posts

195 months

Thursday 3rd September 2015
quotequote all
LoonR1 said:
Is anyone going to answer my question?
Which one? Difficult to differentiate between question and pontifiational rhetoric, at times.