Honest answers please - whose fault is this accident?
Honest answers please - whose fault is this accident?
Author
Discussion

mondeoman

Original Poster:

11,430 posts

295 months

Friday 22nd November 2019
quotequote all
My son had an accident last year, got knocked off his bike on a roundabout. Insurance co passed it to claims management co, they folded and blamed my boy based on in-car footage. I'm not convinced that was the correct decision, but I'd appreciate second /third/fourth opinions....

[url]

|https://thumbsnap.com/2qgCFCMd[/url][url]

|https://thumbsnap.com/rsajjAen[/url]












Speed Limit is 40MPH.

Pericoloso

44,044 posts

192 months

Friday 22nd November 2019
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Quick answer ,looks to me that the car just didn't back off /slow down at all ,complete lack of observation.

CoreyDog

886 posts

119 months

Friday 22nd November 2019
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Ouch. Hope your lad is OK.

Afraid to say, looks like it's your lads fault. He moved away from a giveaway line into the path of another vehicle.

Car driver had plenty of space to avoid but can't make a maneuver and just hope the other driver reacts.

Sorry.

T5R+

1,226 posts

238 months

Friday 22nd November 2019
quotequote all
How was the car driver supposed to know he was heading for L3 after a "possibly slow" emerge?

sorry - hope the son is okay.

mondeoman

Original Poster:

11,430 posts

295 months

Friday 22nd November 2019
quotequote all
50/50 so far, keep em coming.

KrazyIvan

4,341 posts

204 months

Friday 22nd November 2019
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T5R+ said:
How was the car driver supposed to know he was heading for L3 after a "possibly slow" emerge?
This, looks like your lad didn't really look before he pulled out and crossed all 3 lanes to boot, we also have no idea if the cam car had vehicles either side of him or behind him, meaning avoidance options may have been slim.

old'uns

566 posts

162 months

Friday 22nd November 2019
quotequote all
mondeoman said:
Speed Limit is 40MPH.
i'd be guessing that the car wasn't doing 40 and was looking to head left A38 south ?( unless he came off A38 from the North? ) and couldn't move left as someone matched him in the correct lane...... and yes i do the same when it's busy angel

probably avoidable and i'm surprised there aren't more incidents TBH

hope he's OK

WhiskyDisco

1,314 posts

103 months

Friday 22nd November 2019
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In my eyes it's the fault of the car driver. I suspect that he was driving too fast, and/or not paying attention. He's lucky to not be booked for it.

anonymous-user

83 months

Friday 22nd November 2019
quotequote all
It might be obscured by rain drops on the lens, but I cannot see your son take one single lifesaver during that manoeuvre.

It looks like a move and hope to me from the limited pictures.

Rameez-v57b3

337 posts

98 months

Friday 22nd November 2019
quotequote all
Being a motorbike rider, i'd say your lad has partial blame, emerging from a junction where oncoming vehicles have the right of way and attempting to move into lane 3 from lane 1.

The car driver should have anticipated this so there is some blame here however it doesn't negate the motorbike rider failing to do his final checks or as their known (lifesavers) before executing the final lane change.

As a motorbike rider roundabouts are the most dangerous and failed my mod 2 on 1!

Applying the highway code, your told to approach in lane 1 then move into lane 2 or 3 when safe to do this. This clearly wasn't and suggests a lack of observation played a contributory factor.

shouldbworking

4,801 posts

241 months

Friday 22nd November 2019
quotequote all
3 seconds according to the timestamps. On the face of it that's plenty of time to see and avoid the situation, and if it wasn't enough time, it means the car was driving too fast for the conditions.

Car drivers fault. DCW territory, imperfect riding but situation made a thousand times worse by the car

Edited by shouldbworking on Friday 22 November 21:33

DoubleD

22,154 posts

137 months

Friday 22nd November 2019
quotequote all
shouldbworking said:
3 seconds according to the timestamps. On the face of it that's plenty of time to see and avoid the situation, and if it wasn't enough time, it means he was driving too fast for the conditions.

His fault
But the bike rider should have realised that the car was going too fast (if he was) so shouldnt have pulled out in front of him.

FazerBoy

1,001 posts

179 months

Friday 22nd November 2019
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As a biker I would say that’s the biker’s fault.

He emerges from a give-way line straight into the path of another vehicle. He doesn’t have right of way. He should have carried out an over-the-shoulder look that we bikers call a lifesaver before moving from one lane, across another and into a third.

I can’t see the car driver being at all to blame.

Macneil

1,098 posts

109 months

Friday 22nd November 2019
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I think the driver could have easily slowed down but has chosen to go round your son, if he had stayed in lane 2 your lad might have been across and out of his way. The drivers just been a complete arse, the timestamp shows 2 seconds from the bike entering lane 2 to the collision, plenty of time to back off a little or even brake. Did your son miss a gear perhaps? the red and silver cars in the picture are well up the road while your lad is not. or again perhaps if he had joined lane 1 and filtered over after accelerating he may have been safer.
Horrible to see must have been quite a shock for you all.

anonymous-user

83 months

Friday 22nd November 2019
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Regardless of blame, I hope your son learns that in any bike v car situation it never ends well for the bike.

Monkeylegend

29,233 posts

260 months

Friday 22nd November 2019
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The car is clearly moving over to the right to give your son room but he appears to be drifting over in front of the car so I would say your son pulled out and did not accelerate sufficiently and cut across three lanes into lane the car was moving into to avoid your son.

Peter911

593 posts

186 months

Friday 22nd November 2019
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It was 2.5 to 3 seconds. Your lad pulled out. It's your fault for letting him have a motorbike but not realising they need years of experience first.

It must be really tough to post images of your lad being knocked off his bike, I truly feel for you.

It's the inexperience of youth. Hope he is oK

mondeoman

Original Poster:

11,430 posts

295 months

Friday 22nd November 2019
quotequote all
First site of bike moving onto roundabout to location of accident (straight line rather than curve) is at least 41m
[url]

Stopping distance at 40 MPH is at most 36m
|https://thumbsnap.com/3NuAJAXo[/url]


anonymous-user

83 months

Friday 22nd November 2019
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Physics is irrelevant as a defence when someone rides across three lanes without looking.

mondeoman

Original Poster:

11,430 posts

295 months

Friday 22nd November 2019
quotequote all
Appreciate the input - he's OK, but he's never ridden a bike since.