Can one of the BiB help?

[icamm]

Canone(or more) of you have a look at this thread and help with the legal side? Thanks. NB: It's not one of mine I just think it needs your wisdom.

www.pistonheads.com/gassing/topic.asp?h=0&f=13&t=46350

[silverback mike]

Hello I camm, I have sent you a private message matey.
Mike.

[icamm]

Thanks Mike YHM as well

[snarfy]

I've been reading this post aswell. I commute into work on the bicycle and have seen this happen numerous times. In my opinion the cyclist is not paying enough attention as when a gap opens up next to a side road you know something is just about to come through it so slow right down.
Can I have the legal side to as I'm plain curious

[madcop]

This accident was not inevitable. If the car driver had used his brain and his car horn before edging into unseen carriageway, it would have given the cyclist a chance to react.

I am not saying that it would not have happened, but if the horn was used, the rider of the cycle has less of an angle of attack to pursue any compensation.

Even more so that the rider hit the rear wing and not the front of the car.
The car driver either pulled across too quickly or the cyclist was not paying attention.

The option for the car driver was to wait until there was sufficient gaps/smaller vehicles in the queue in front of him so that he could properly see before crossing Patience is a virtue, so I'm told

[snarfy]

Madcop,

I normally see a slightly different scenario. A solid line of barely moving traffic past a side road. Cyclist goes bombing down the inside of this line of traffic, gap opens up as someone in the line of traffic allows a car coming the other way to turn into the side road. Car driver cannot hope to see up the road so bonnet crosses path of cyclist who hits it and goes across the bonnet. I'll accept that generally its the car drivers fault but there is no way that the driver can see unless he edges very very slowly across the road. (I suppose I've just answered the question!)

[madcop]

snarfy said:

Madcop, I normally see a slightly different scenario. A solid line of barely moving traffic past a side road. Cyclist goes bombing down the inside of this line of traffic, gap opens up as someone in the line of traffic allows a car coming the other way to turn into the side road. Car driver cannot hope to see up the road so bonnet crosses path of cyclist who hits it and goes across the bonnet. I'll accept that generally its the car drivers fault but there is no way that the driver can see unless he edges very very slowly across the road. (I suppose I've just answered the question!)

And there are iother options as i have said in my previous post.

1. Dont go until you can see.
2. Dont go unless you have sounded your horn.
3. If you have a passenger, get them to step out of the car and look for you directing you across and then collecting them when you have done the manouvre safely.

you MUST give way to traffic from the opposite direction when you are turning across it. The fact you could not see it or the traffic approaching could not see you is no defence to failing to give way! HOWEVER FAST IT IS TRAVELLING AND WHAT IT HAPPENS TO BE!!