Filtering accident - who's to blame?
Discussion
A couple of weeks ago, I was in the Kings Road in London and it was chocka with buses and trucks so's you couldn't see more than a few feet in any direction. I needed to be travelling west - the opposite direction to the one I was facing - so began to execute a very slow U turn, inching my way through the almost stationary traffic on my side of the road in order to be facing the other way in the other lane.
As I began to cross the white line towards the almost stationary traffic on the other side of the road, another bike was 'filtering' down the middle of the traffic going west and crashed into my bike's front wheel, breaking the fender and twisting the forks (hopefully, just out of alignment). Damage to his bike was mainly to the engine protecting bars on his BMW - not cheap as it's a BMW!
The question is, mostly whose fault was the prang?
Was it mostly mine for executing a U turn in the road in slow moving traffic? Or was it mostly his for bashing into me whilst travelling between two lanes of traffic?
I'm honestly not sure, so if you think it was my fault please tell me.
As I began to cross the white line towards the almost stationary traffic on the other side of the road, another bike was 'filtering' down the middle of the traffic going west and crashed into my bike's front wheel, breaking the fender and twisting the forks (hopefully, just out of alignment). Damage to his bike was mainly to the engine protecting bars on his BMW - not cheap as it's a BMW!
The question is, mostly whose fault was the prang?
Was it mostly mine for executing a U turn in the road in slow moving traffic? Or was it mostly his for bashing into me whilst travelling between two lanes of traffic?
I'm honestly not sure, so if you think it was my fault please tell me.
Bruce Fielding said:
A couple of weeks ago, I was in the Kings Road in London and it was chocka with buses and trucks so's you couldn't see more than a few feet in any direction. I needed to be travelling west - the opposite direction to the one I was facing - so began to execute a very slow U turn, inching my way through the almost stationary traffic on my side of the road in order to be facing the other way in the other lane.
As I began to cross the white line towards the almost stationary traffic on the other side of the road, another bike was 'filtering' down the middle of the traffic going west and crashed into my bike's front wheel, breaking the fender and twisting the forks (hopefully, just out of alignment). Damage to his bike was mainly to the engine protecting bars on his BMW - not cheap as it's a BMW!
The question is, mostly whose fault was the prang?
Was it mostly mine for executing a U turn in the road in slow moving traffic? Or was it mostly his for bashing into me whilst travelling between two lanes of traffic?
I'm honestly not sure, so if you think it was my fault please tell me.
As I began to cross the white line towards the almost stationary traffic on the other side of the road, another bike was 'filtering' down the middle of the traffic going west and crashed into my bike's front wheel, breaking the fender and twisting the forks (hopefully, just out of alignment). Damage to his bike was mainly to the engine protecting bars on his BMW - not cheap as it's a BMW!
The question is, mostly whose fault was the prang?
Was it mostly mine for executing a U turn in the road in slow moving traffic? Or was it mostly his for bashing into me whilst travelling between two lanes of traffic?
I'm honestly not sure, so if you think it was my fault please tell me.
To be honest chap, as a biker in town you should know that everyone will filter. Sticking a wheel out blind should have been done at an absolute snail's pace, whilst craning over the bars to see what's coming.
Either way, you'd have been better off turning round in a garage forecourt or something.
Sorry chap, but if I'd have been the one filtering, I wouldn't have been to happy about it.
Bruce Fielding said:
Just to clarify, I was crawling at a snails pace, walking the bike forward slowly. Having ridden in London for over 35 years, I do appreciate the difficulties... There was a bus in front of me so I couldn't see around it...
Unfortunately, that's why you should have done it elsewhere
I sympathise, I really do, but it's going to be knock for knock either way.
stig said:
Bruce Fielding said:
Just to clarify, I was crawling at a snails pace, walking the bike forward slowly. Having ridden in London for over 35 years, I do appreciate the difficulties... There was a bus in front of me so I couldn't see around it...
Unfortunately, that's why you should have done it elsewhere
I sympathise, I really do, but it's going to be knock for knock either way.
Yep very difficult.
The law says "don't travel faster than to be able to stop within the distance you can see to be clear ahead" - may go against Mr BMW
You could say you were 'peeping and creeping' as you were emerging - may go in your favour
can't think of anything else at the mo' but it may well end up a knock for knock as Stig said
Sorry mate I think you are probably in the frame for this one... You said there was a bus in the way and you couldnt see round it, in that case you probably should have sat tight... I don't think I would have U'd at that point, as has been said use a forecourt of something.
Just unlucky really, I'm sure we all do stuff and get away with it 99% of the time
Just unlucky really, I'm sure we all do stuff and get away with it 99% of the time
I sympathise here too but I reckon it's actually your fault. The guy on the beemer is travelling along the line of traffic, the fact that he was filtering is irrelevant in this context, and then someone plonks a wheel out in front of him coming from a totally blind point. Without any time to stop what's he gonna do? Forget the legal bullshit how much chance did you give him? IF you had seen him coming would you have had time to back-peddle? No.
Swap places with him for a moment - how would you HONESTLY feel? You can't expect to put yourself in a road and not get hit - you must have considered this otherwise you wouldn't have gone out slowly. If you had done that to me I would expect you to pay.
Hope you get it sorted out without too much drama. And good that no-one got hurt eh?
Swap places with him for a moment - how would you HONESTLY feel? You can't expect to put yourself in a road and not get hit - you must have considered this otherwise you wouldn't have gone out slowly. If you had done that to me I would expect you to pay.
Hope you get it sorted out without too much drama. And good that no-one got hurt eh?
Glad you got it sorted.
Legally, the blame would be mainly yours. You crossed into the path of another vehicle who was proceeding straing and level. You have a defence (splitting blame) if the other machine was travelling with excessive speed for the conditions. You might argue that the fact that he hit you at all shows that (stop in distance etc) but I am afraid that you would need more. He could also lodge that same argument against you - you proceeded when you could not see it was safe. If put to insurance company then in many cases yours would simply pay up.
Down to experience.
Legally, the blame would be mainly yours. You crossed into the path of another vehicle who was proceeding straing and level. You have a defence (splitting blame) if the other machine was travelling with excessive speed for the conditions. You might argue that the fact that he hit you at all shows that (stop in distance etc) but I am afraid that you would need more. He could also lodge that same argument against you - you proceeded when you could not see it was safe. If put to insurance company then in many cases yours would simply pay up.
Down to experience.
Bruce Fielding said:
All sorted. I'm paying for his damage (as well as mine). Those BMW bits aren't cheap, are they? It's just a bugger when something like that happens, though, isn't it?
If you'd been in your Atom, it wouldn't have happened and you could have afforded more accessories
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