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Whose fault was this one?

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  • ukjoel
    ukjoel Posts: 1,468 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Think the reason this happened today was lady who let the car pull out was very close to the garage pull out (reducing his visisbility) and also very much on the left (creating space for those looking to use the right lane at roundabout to fly past).

    Its quite a tricky one - if you want to google earth or streetmap the area then it was the junction of Botley Road and the A27 in Southampton or put in the postcode for the Talisman Pub.
    Cheers
  • atrixblue.-MFR-.
    atrixblue.-MFR-. Posts: 6,887 Forumite
    edited 24 September 2012 at 9:13PM
    riders helmet would have been a bit masked over with rain it really is poor weather, eventhough it looks like he is going fast he really isnt IMHO, i would say he's doing about 25-30 there too fast for the road conditions? i would say is a debatable thing and in my opnion the garage is visable from a distance up the road, so the rider had time to head some cation in that area.

    i suppose this one is down to the octavia driver, who can state that the front of the drivers car was infact over the width of his vehicle for 3 seconds or so and thus visable to the rider who is sat higher up and would have had a better perspective, plus the gap in the traffic could suggest that there could be a vehicle pulling out at any time, so the motorcyclists skill at reading the road can be questioned aswell, he brakes but skids form what i can gather also.

    the passat driver did pause to look whether he looked right is down to the octavia driver as he would have been observing him the passat driver also had his sidelights on, in my opinion it was too dark to see the reflection on the floor.

    from the footage shown from first glance you would instantly think that passat driver was at fault here, but after observing a few time watching biker and driver, i honestly think it's a genuin 50/50 honest accident that could happen to the best of us.

    passat rider for pulling into collision and the biker for travelling that little too fast for the condition passing quing traffic in a single lane.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    From an Insurance point of view the car driver will be at fault.
  • ukjoel
    ukjoel Posts: 1,468 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker


    , but after observing a few time watching biker and driver, i honestly think it's a genuin 50/50 honest accident that could happen to the best of us.

    .

    Thats why I put it up - I played it mentally in my head for the next couple of hours and think a large proportion of car drivers turning right out that garage would have ended up hitting the motorbike. I like to think I am a fairly safe driver but in that position wonder if the same would have happened.
  • Lakeuk
    Lakeuk Posts: 1,084 Forumite
    Part of the Furniture
    It's the car drivers responsible to give way to all oncoming traffic, rewatching the video the drivers speed coming across the stationary traffic was constant and doesn't look to have stopped or even slowed down to creep out to make sure they have a safe exit across the road.
  • Lakeuk wrote: »
    It's the car drivers responsible to give way to all oncoming traffic, rewatching the video the drivers speed coming across the stationary traffic was constant and doesn't look to have stopped or even slowed down to creep out to make sure they have a safe exit across the road.

    you are correct, and i spotted this in my viewing of the footage, but my point being is that, the rider is sat higher, theres a gap to his left for the exit of the forcourt, you can see the garage from yards back up the road, the passat pauses to see traffic flow behind the octavia, and he doesnt shoot off he mains a low speed

    if you count back a few seconds from the driver pulling out to the actual impact, the rider should be right abouts where joel is sat or not far behind, joel is not up the backside of the octavia so the view to the rider should have been open, but the rider is still not on his brakes untill the octavia then he skids and wobbles due to his speed in wich he was travelling for the road conditions.

    the passat driver is sat lower, is an obscured view, he pauses (as traffic is stopped) he quietly menouvers out into the traffic.

    combitnation of both laspses to me says they are both at fault here.

    in the eyes of a insurer, lay down and take it up the rear passat driver you pulled out its your fault.

    this all depends on what joel the octavia driver and the police report and witness statement says.
  • ukjoel wrote: »
    Caught this one on my car cam this morning.


    hope both parties are okay! can I ask WHERE you got your car cam from please????????

    Thank you.....
    ..........................
  • The Passat seems to change it's angle as if to get round the back of a car thats partially blocking the entrance to the garage/his route out. This would also block the view of traffic from the left.

    The speed seems constant from when it starts the move to the split second before impact.

    My own humble opinion is he didnt pay much if any attention to the right, he was too busy making sure nothing was coming from the left. Caught the bike out the corner of his eye and braked.
  • ukjoel
    ukjoel Posts: 1,468 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    ukjoel wrote: »
    Caught this one on my car cam this morning.


    hope both parties are okay! can I ask WHERE you got your car cam from please????????

    Thank you.....

    It was this one from 7 day shop. The setting used in the video was the poorest resolution as I went for recording size over quality. I think mine has a 16gb card in it and it is holding a weeks worth of footage before it rewrites it. I do a lot of driving so presume 20-30 hours of footage. It auto switches on and off when I turn the engine on and for the money its been very impressive.

    http://www.7dayshop.com/photo-and-video/cameras-and-camcorders/7dayshop-hd-vehicle-video-camera-kit-with-2-4-colour-screen-record-your-journeys?cl=4
  • andygb
    andygb Posts: 14,652 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I initially thought that the motorcyclist was to blame, for going too fast for the conditions (he was going too fast IMO), but a second look reveals that the car did not inch out, he simply carried on driving through the gap in the traffic, so did not give the motorcyclist a chance of reacting.
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