Motorcycle Filtering Collision
Discussion
Ok, here's the scenario,
A motorcyclist is filtering past, to the offside of a long queue of stationary traffic. Whilst the motorcyclist is filtering, a ccr driver in the stationary queue decides to carry out a 'U' turn and in doing so collides with the motorcyclist. This is all the information to go on.
Here's my question, who in your opinion would be considered to be at fault?
Car Driver
Motorcyclist
Both at fault
Neither at fault
Thanks in advance for your responses
A motorcyclist is filtering past, to the offside of a long queue of stationary traffic. Whilst the motorcyclist is filtering, a ccr driver in the stationary queue decides to carry out a 'U' turn and in doing so collides with the motorcyclist. This is all the information to go on.
Here's my question, who in your opinion would be considered to be at fault?
Car Driver
Motorcyclist
Both at fault
Neither at fault
Thanks in advance for your responses
Based on the small amount of information you have given I would say car driver. As someone else said it also depends on the speed of the biker. If they are filtering too fast you could argue that there is an element of blame if they were unable to avoid a collision due to their speed. Car driver should have checked mirrors though!
Philb1 said:
If they are filtering too fast you could argue that there is an element of blame if they were unable to avoid a collision due to their speed. Car driver should have checked mirrors though!
Agreed on both, though if a car driver unexpectedly pulls out (i.e. gives no indication through road positioning, or signalling) a bike may be unable to avoid a collision even at walking pace.The 20/20 rule is often used to deciding when to filter, though it has no official standing in law. Only filter if traffic is moving below 20mph, and when filtering keep your speed difference to no more than 20mph.
Edited by Mr2Mike on Monday 17th March 10:21
AnimalBob said:
I've read about several similar accidents the insurance companies always find the car driver at fault.
Unless you can prove the motorcycle was riding dangerously fast, but even then it's still up to the car driver to check the road is clear.
There is no automatic fault in these circumstances. Blame will be decided on the basis of all of the facts, which is why this thread will be largely pointless unless the OP supplies full details. I don't imagine that's going to happen.Unless you can prove the motorcycle was riding dangerously fast, but even then it's still up to the car driver to check the road is clear.
As for your point about drivers having to check the road even if the other party is travelling dangerously fast, consider this scenario:
You are emerging from a side road onto a main road. The speed limit is 50mph. Visibility to your right is limited to 100 metres. As you pull out, looking right and left, another vehicle/bike, comes into view travelling at 100mph. They either hit you or lose control swerving and braking. Good luck blaming the emerging driver in that case.
After the event, what will be considered (amongst other things) is to what extent each driver's actions were reasonable and that's why you end up with blame being apportioned in many cases e.g. 70:30, 50:50, 100:0, etc.
Edited by 9mm on Monday 17th March 09:42
Neil1300r said:
Happened to a friend of mine - he was riding the bike. Car driver tried to blame him. Didn't go well for him as he was then surrounded by lots of unmarked police cars. Mate was riding an under cover police motorbike!
I can't quite beat that, but I was in a similar position on commercial road in London. I was in a bus lane (and I shouldn't have been), and a car turned left across me and hit the side of my bike.I pulled over to remonstrate with him, and he drove off. A police van pulled over to speak to me, and another police car followed the car that drove off. I was given his details by the police to pursue insurance claim (didn't bother, as there was no damage - he had just hit and bruised my leg). He was charged with careless driving, and warned about leaving the scene of an accident.
It was mentioned I should not have been in the bus lane, but I was not fined. The police stated to the guy that as he did not look, I could have easily been a bus, and the damage to all would have been a lot worse.
From the limited info given in the OP, I would assume it was car's fault.
As to what is appropriate speed for filtering? My own rule is approx 10/15 mph over the speed of the slower vehicles but within the speed limit on 30's and 40's, and same speed (but not necessarily within the limit) on other roads.
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