Who's at fault if...
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Discussion

98C4S

Original Poster:

2,939 posts

213 months

Friday 22nd October 2010
quotequote all
.. a motorcycle is riding between lanes in traffic and hits a car.

or a car hits it?

Driving on the A40 this morning, Heavy traffic, I see a bike squeeze through cars and hit the wing mirror of the car in front, the mirror bent back (don't think it broke) and the driver couldnt do anything.

If this was a collision - biker comes off etc - who's fault is that?

BelperJim

2,505 posts

206 months

Friday 22nd October 2010
quotequote all
I was thinking this the other day as I was indicating to switch lanes as a motorcyclist darted through the middle of the lanes at about 30mph.

kambites

70,809 posts

244 months

Friday 22nd October 2010
quotequote all
I would say most (or possibly even all) of the blame would lie with the biker as long as the car didn't leave its lane.

Jonny671

29,778 posts

212 months

Friday 22nd October 2010
quotequote all
kambites said:
I would say most (or possibly even all) of the blame would lie with the biker as long as the car didn't leave its lane.
Or I guess if car was moving lanes its cars fault for not checking, or thats what it would go down as.

It'll get into an arguement on here but you do get some real cock motorcylists with the way they ride. Most are fine.

BelperJim

2,505 posts

206 months

Friday 22nd October 2010
quotequote all
Would the bike be classed as undertaking?

kambites

70,809 posts

244 months

Friday 22nd October 2010
quotequote all
BelperJim said:
Would the bike be classed as undertaking?
Which is perfectly legal in "queues of slow moving traffic", which could be taken to mean anything much below the speed limit, I guess.

Edited by kambites on Friday 22 October 10:09

cmackay81

9,251 posts

189 months

Friday 22nd October 2010
quotequote all
if I do it, its your fault.
if you do it, its your fault.

but really, if the bike is moving past you and you are going in a straight line, if he hits you its his fault.

problem is though, if he starts getting squeezed by the car on the other side, there is not much the biker can do.

he shouldn't have been in that situation, but sh!t happens. You are taught even on your CBT to filter past traffic, so you can't blame the bikers for doing this.

kambites

70,809 posts

244 months

Friday 22nd October 2010
quotequote all
Jonny671 said:
kambites said:
I would say most (or possibly even all) of the blame would lie with the biker as long as the car didn't leave its lane.
Or I guess if car was moving lanes its cars fault for not checking, or thats what it would go down as.
Yes, I think the car driver would have to accept at least some (and possibly all) of the blame if he tried to switch lane without checking his mirrors.

Edited by kambites on Friday 22 October 10:11

cmackay81

9,251 posts

189 months

Friday 22nd October 2010
quotequote all
kambites said:
Jonny671 said:
kambites said:
I would say most (or possibly even all) of the blame would lie with the biker as long as the car didn't leave its lane.
Or I guess if car was moving lanes its cars fault for not checking, or thats what it would go down as.
Yes, I think the car driver would have to accept at least some (and possibly all) of the blame if he tried to switch lane without checking his mirrors.

Edited by kambites on Friday 22 October 10:11
and checking blind spot!

DannyVTS

7,543 posts

191 months

Friday 22nd October 2010
quotequote all
Nearly happened to me yesterday, i drifted to the right slightly (although still in lane) in slow moving traffic and a bike came out of no where

kambites

70,809 posts

244 months

Friday 22nd October 2010
quotequote all
cmackay81 said:
and checking blind spot!
Yes, if their car has one.

Dr Doofenshmirtz

16,666 posts

223 months

Friday 22nd October 2010
quotequote all
Well, if he hit a cars mirror then the biker is obviously at fault and should have stopped (assuming the car didn't suddenly deviate from it's course and the biker just got too close).
Bikers filtering past queuing/very slow moving traffic is perfectly legal as long as it's done with due care.
If a biker is filtering, and a vehicle pulls out and hits the biker, then the vehicle is at blame, not the biker.



Edited by Dr Doofenshmirtz on Friday 22 October 10:15

cmackay81

9,251 posts

189 months

Friday 22nd October 2010
quotequote all
kambites said:
cmackay81 said:
and checking blind spot!
Yes, if their car has one.
all cars do ?!?

kambites

70,809 posts

244 months

Friday 22nd October 2010
quotequote all
cmackay81 said:
kambites said:
cmackay81 said:
and checking blind spot!
Yes, if their car has one.
all cars do ?!?
No hey don't. You can buy wide-angle wing mirrors which distort at the edges giving you a view to around 90 degrees to the side of the car.

planetdave

9,921 posts

276 months

Friday 22nd October 2010
quotequote all
It's perfectly legal for bikes to do this - the fault lies with who hit who.

Even though it's legal it's brings the responsibility to do it safely (it's an overtaking manoeuvre).

On the other hand a lot of non bike traffic forgets that bikes will be doing this and assume that they can move around in their lanes without checking.

I used to teach and I called it the 'Marathon Man mantra' - 'is it safe'

thinfourth2

32,414 posts

227 months

Friday 22nd October 2010
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Its thatchers fault


kambites

70,809 posts

244 months

Friday 22nd October 2010
quotequote all
To be fair, there is nothing in the highway code to say that drives must maintain exactly the same position in their lane. I would say that if there isn't space for the biker to deal with either car moving to the edge of their lane, the responsibility is on the biker to make sure that the drivers know he's there before he attempts to pass.

Now I'm not saying that's possible in practice, but I do think that in many cases it shifts (some of) the blame from driver to biker.

cmackay81

9,251 posts

189 months

Friday 22nd October 2010
quotequote all
kambites said:
cmackay81 said:
kambites said:
cmackay81 said:
and checking blind spot!
Yes, if their car has one.
all cars do ?!?
No hey don't. You can buy wide-angle wing mirrors which distort at the edges giving you a view to around 90 degrees to the side of the car.
yes you can. but the distortion at this point makes it very hard to spot bikes.

also there is a point on either side of the car at the back obscured by the read pillars that you cannot see.

you should NEVER EVER EVER change lanes, or infact turn or overtake without checking your blind spot.


kambites

70,809 posts

244 months

Friday 22nd October 2010
quotequote all
cmackay81 said:
you should NEVER EVER EVER change lanes, or infact turn or overtake without checking your blind spot.
Yes. Unless you don't have one...

For example how exactly do you expect an artic. driver to "check their blind spot"? They can't see anything behind or along side them except in their mirrors.

cmackay81

9,251 posts

189 months

Friday 22nd October 2010
quotequote all
kambites said:
cmackay81 said:
you should NEVER EVER EVER change lanes, or infact turn or overtake without checking your blind spot.
Yes. Unless you don't have one...

For example how exactly do you expect an artic. driver to "check their blind spot"? They can't see anything behind or along side them except in their mirrors.
totally disagree.

Arctic drivers are well knows for having huuge blind spots, this is why they change lanes very slowly (or should). This is why so many foreign truckers are involves in accidents.


Show me a car without a blind spot then, in which you never have to turn your head other than to look in the mirrors