filtering, right or wrong?

mkirkby

arcon5 wrote: »

Got an email this morning linking to this case, might be of interest to some

http://www.casecheck.co.uk/CaseLaw.aspx?EntryID=18812&CaseType=Personal+Injury&CaseTitle=Burton+v+Evitt+%5b2011%5d+EWCA

Indeed. A situation that would almost never happen with someone who has had a lot of riding experience.

Lesson is that if you've little experience, just go slow and expect danger everywhere. Once you've got lots of experience, you'll just do what's safe automatically.

lovinituk

Something similar happened to me a few years ago where I was the car driver. I was waiting in a side junction indicating to turn right. The traffic on the main road flowing to the left was busy and stop/starting. A car from the right (moving left) stopped to let me out. I moved out to before the central line and then stopped to check the traffic in the other lane coming from the left.

As it became clear for me to pull out I very slowly started to release the clutch as I moved my head back round and at that split second a moped appeared from the right (had overtaken the stationery traffic) and into my path. I was only just starting to move (not much more than a roll at this point) but hit the brakes hard obviously. The car lurched forward slightly and bumped the rider off the moped.

He was fine, as it was such a slow impact but immediately blamed me. This actually happened 50m from a police station and a police traffic car happened to be coming out at that point so came over.

To cut the story short(er!), the policeman, who told me he also rode police bikes, said to me it was the moped riders fault for overtaking stationery traffic (which the policeman said he shouldn't be doing). The insurance companies agreed and decided in my favour.

I've tried to look up the 'no overtaking stationery traffic' rule in the highway code but I can't see it mentions anything of the sort!

mkirkby

lovinituk wrote: »

I've tried to look up the 'no overtaking stationery traffic' rule in the highway code but I can't see it mentions anything of the sort!

There isn't one. But as someone who has been riding for far too many years and does it least 2 miles of filtering every working day, there's no doubt that young lads on mopeds are Darwinism in action.

Quite often it's only the experience of other road users (like your example) that keep them alive but sooner or later they'll come across another young guy in a saxo

lovinituk

mkirkby wrote: »

There isn't one.

I suspected this was the case. I wonder why the copper, who was a motorcyclist himself, told me this then?

mkirkby wrote: »

But as someone who has been riding for far too many years and does it least 2 miles of filtering every working day, there's no doubt that young lads on mopeds are Darwinism in action.

Quite often it's only the experience of other road users (like your example) that keep them alive but sooner or later they'll come across another young guy in a saxo

The guy I hit was middle aged - probably in his 50's I'd guess!!!

mkirkby

lovinituk wrote: »

The guy I hit was middle aged - probably in his 50's I'd guess!!!

& There's me sticking to stereotypes..

Ok then. Wobbly people on mopeds are Darwinism in action. Most people on mopeds have little experience of filtering or two wheeled motoring. Most experienced people have progressed to bigger bikes.

He was probably riding on a car license anyway which might make him even worse. Wonder it that's the case? "I have years of driving experience without having an accident and I know the rules of the road, therefore I'm way too confident and immune to danger" Who knows?

mkirkby

lovinituk wrote: »

I suspected this was the case. I wonder why the copper, who was a motorcyclist himself, told me this then?

Dunno. Maybe he was trying to show the difference between "overtaking at speed" and "careful filtering". On my bikesafe course years ago the police instructor did emphasis the need to filter carefully so it's certainly not against the law

fivetide

I filter a good three miles in a morning and I am occasionally appauled at the standard of riding from others. I think the big difference is I have full kit on and do it all year. Lots of those i take issue with look like fair weathers i.e. uber clean bike, wearing shoes/trainers/trousers and no chicken strips.

If they actually rode everyday they'd be a lot better but instead they jump on and simply go for a blast.

I forgot the last one that has wound me up a few times in the past few weeks - dull overcast days and riders with completely black visors. They must be able to see next to nothing it really is daft.

As a biker I'll defend proper bikers to the hilt but you can't defend stupidity.

5t.

mkirkby

fivetide wrote: »

I filter a good three miles in a morning and I am occasionally appauled at the standard of riding from others. I think the big difference is I have full kit on and do it all year. Lots of those i take issue with look like fair weathers i.e. uber clean bike, wearing shoes/trainers/trousers and no chicken strips.

If they actually rode everyday they'd be a lot better but instead they jump on and simply go for a blast.

I forgot the last one that has wound me up a few times in the past few weeks - dull overcast days and riders with completely black visors. They must be able to see next to nothing it really is daft.

As a biker I'll defend proper bikers to the hilt but you can't defend stupidity.

5t.

Ditto.

Worst time for me was coming into spring when typically Mr Hayabusa decides it's not going to rain for the first time since autumn and gets his shiny bike out for a blast into work. Flies past at 100 on the motorway then blocks my way on the A road because the 6 foot gap is too small.

It's as if they say to themselves "If I'm not able to get through then neither will you be able to so why should I move"...? Not wanting the ego to be bruised I guess.

Altarf

arcon5 wrote: »

Got an email this morning linking to this case, might be of interest to some

http://www.casecheck.co.uk/CaseLaw.aspx?EntryID=18812&CaseType=Personal+Injury&CaseTitle=Burton+v+Evitt+%5b2011%5d+EWCA

So you have a line of stationary traffic and at the front a car indicating that they are turning right. Despite this you get a moron motorcyclist who decides to ignore this and overtake everyone anyway, and for their stupidity gets hit by the car.

And despite the idiocy of the motorcyclist the car driver is still at fault?

Alexwild

In my opinion, you as a biker also have to consider the fact that regardless of whether you or the driver would be at fault in an accident, it is you that will be worse off physically. Being smug about the other guy getting hit on his insurance is no use if you've ended up with broken bones! So really your best bet is not to think about who would take the blame for an accident but to ride defensively, be careful of cars not seeing you or being waved out by others and look out for your own safety.