Cyclist crashes into car - whose fault?

[Countdown]

A friend of mine had a “coming together” with a cyclist on her way to work.

Basically she turned right across a yellow box junction into a car park. She didn’t notice a cyclist going along the inside of the queuing traffic. The cyclist was travelling at some speed and drove into the side of her. Fortunately it appears to be no major injuries, but he requested and she provided insurance details.

Her view is that the cyclist should have stopped. My gut feeling is that she should have made sure the road was clear before crossing it.

Any views/comments?

[SydneyBridge]

Sounds like cyclist had right of way and was established on the road

[Bright Halo]

This sounds similar to the situation where you turn left into a side road and a cyclist travelling up the inside rides into you.
The Highway Code is contradictory in that it both says that the cyclist should be aware of cars turning in front of you and also states the motorist should be careful re cyclist travelling up their near side.
Ultimately in the hierarchy of road users the motorist is responsible for ensuring the safety of the cyclist.

[trails]

[anonymous-user]

Countdown said:

A friend of mine had a “coming together” with a cyclist on her way to work.

Basically she turned right across a yellow box junction into a car park. She didn’t notice a cyclist going along the inside of the queuing traffic. The cyclist was travelling at some speed and drove into the side of her. Fortunately it appears to be no major injuries, but he requested and she provided insurance details.

Her view is that the cyclist should have stopped. My gut feeling is that she should have made sure the road was clear before crossing it.

Any views/comments?

Would she say the same if it were motorcyclist ?

[Red9zero]

anonymous said:

[redacted]

Recumbent ?

[paintman]

Countdown said:

A friend of mine had a “coming together” with a cyclist on her way to work.

Basically she turned right across a yellow box junction into a car park. She didn’t notice a cyclist going along the inside of the queuing traffic. The cyclist was travelling at some speed and drove into the side of her. Fortunately it appears to be no major injuries, but he requested and she provided insurance details.

Her view is that the cyclist should have stopped. My gut feeling is that she should have made sure the road was clear before crossing it.

Any views/comments?

Cyclist had right of way & your friend is at fault.

Common rush hour incident.

[FMOB]

The driver unfortunately just on the basis they are at the bottom of road user hierarchy.

Q: was the driver indicating for the turn and how far into the turn did contact occur? I think some mitigation could be argued if the driver was indicating and contact was towards the rear of the vehicle as the cyclist should be observing and responding to the road ahead rather than head down, pedalling on regardless.

[Countdown]

anonymous said:

[redacted]

Agreed. I think her assumption was that, as the cars/vans were all stationary, she was clear to go. Luckily only a small dent in her N/S wing and an understandably grumpy cyclist.

[Seasonal Hero]

Yep. She should have checked before turning as the lane would have been visible prior to the turn.

[Countdown]

lancslad58 said:

Countdown said:

A friend of mine had a “coming together” with a cyclist on her way to work.

Basically she turned right across a yellow box junction into a car park. She didn’t notice a cyclist going along the inside of the queuing traffic. The cyclist was travelling at some speed and drove into the side of her. Fortunately it appears to be no major injuries, but he requested and she provided insurance details.

Her view is that the cyclist should have stopped. My gut feeling is that she should have made sure the road was clear before crossing it.

Any views/comments?

Would she say the same if it were motorcyclist ?

I think she probably would...but I think she'd also be wrong (again)

[Pica-Pica]

There is no such thing as ‘right of way’ except with respect of access to land or highways. In certain circumstances, a particular road user may have ‘priority’.

[Pica-Pica]

Countdown said:

anonymous said:

[redacted]

Agreed. I think her assumption was that, as the cars/vans were all stationary, she was clear to go. Luckily only a small dent in her N/S wing and an understandably grumpy cyclist.

And the reason that I never ‘flash’ a car if I give space for them to cross in front of me. I leave the judgement to them.

[J6542]

She will be held fully at fault, common accident caused by her lack of attention and the cyclists lack of self preservation.

[BoRED S2upid]

With the recent change in Highway Code it’s going to be cyclist.

[gazza285]

Countdown said:

Her view is that the cyclist should have stopped.

Why on Earth would she think that? Unless she believes she is blameless.

[SEAN-M]

. She didn’t notice a cyclist going along the inside of the queuing traffic.


The cyclist was travelling at some speed.


? Well, Which one was it, as appears to be conflicting statements

[Seasonal Hero]

gazza285 said:

Why on Earth would she think that? Unless she believes she is blameless.

I think it’s the standard view from a lot of drivers that everyone defers to them.

[bigothunter]

J6542 said:

She will be held fully at fault, common accident caused by her lack of attention and the cyclists lack of self preservation.

The collision was her fault. But if the cyclist was behaving like this chap, her chance of avoiding him would have been very small.

[Super Sonic]

Car driver should have made sure nothing was coming before turning. Car drivers fault.