Hyperthetical question - pulling in to the path of a cyclist

arcon5

Say you're waiting to turn right in to a side street during peak time. A van slows down to create a gap an let you go. You begin your turn whilst a cyclist is passing the van on the left an subsequently goes into the side of the car.

I understand its the cars fault for entering the path of the cyclist - but can you claim contributory negligence? And to what extent?

harveybobbles

All three parties could be blamed in theory:

Van driver for slowing to let the car go and (possibly) not realising there was a cycle next to the van.

The car driver for turning into the path of the cyclist.

The cyclist for not slowing down when the van did.

Retrogamer

arcon5 wrote: »

Say you're waiting to turn right in to a side street during peak time. A van slows down to create a gap an let you go. You begin your turn whilst a cyclist is passing the van on the left an subsequently goes into the side of the car.

I understand its the cars fault for entering the path of the cyclist - but can you claim contributory negligence? And to what extent?

I doubt you could claim that to be honest. I was taught during my lessons when turning into streets or in to park to check mirrors for any cyclists passing. Likewise it was expected of me during my test.

Because of the risk a vehicle poses to a cyclist is potentially much more lethal than the risk a cyclists poses to a vehicle it's unlikely you'd be successful in claiming contributory negligence.

colino

Entirely down to the driver turning right. You have to be looking for all road users and you can't rely on the van driver doing your thinking/driving for you.

phill99

It's not cut and shut.

I have a real issue with the number of cyclists that seem to think that the Highway Code doesn't apply to them. Obviously this cyclist is one of them as he is undertaking. Motorcyclists are also guilty of undertaking and are the first to kick off if they get knocked off as a result.

However, I would suggest that the car driver is primarily at fault as he should be predicting the stupidity of many of the cycling fraternity.

arcon5

Retrogamer wrote: »

I doubt you could claim that to be honest. I was taught during my lessons when turning into streets or in to park to check mirrors for any cyclists passing. Likewise it was expected of me during my test.

Because of the risk a vehicle poses to a cyclist is potentially much more lethal than the risk a cyclists poses to a vehicle it's unlikely you'd be successful in claiming contributory negligence.

If the cyclist is coming towards you, undertaking the van then no amount of checking mirrors will help.

I use the term can loosely to be honest, many types of cars also block the view to their left. And the problem is at some times of the day the only way to turn is for a vehicle to let you through.

It's interesting to hear others thoughts on such situation. Surely there has to be some case law of some sort on this kind of situation?

ILW

phill99 wrote: »

It's not cut and shut.

I have a real issue with the number of cyclists that seem to think that the Highway Code doesn't apply to them. Obviously this cyclist is one of them as he is undertaking. Motorcyclists are also guilty of undertaking and are the first to kick off if they get knocked off as a result.

However, I would suggest that the car driver is primarily at fault as he should be predicting the stupidity of many of the cycling fraternity.

Undertaking is permissable for a cyclist.

ILW

arcon5 wrote: »

If the cyclist is coming towards you, undertaking the van then no amount of checking mirrors will help.

I use the term can loosely to be honest, many types of cars also block the view to their left. And the problem is at some times of the day the only way to turn is for a vehicle to let you through.

It's interesting to hear others thoughts on such situation. Surely there has to be some case law of some sort on this kind of situation?

It is your respoinsibilty to ensure the road is clear before turning. No excuses.

Apples2

A frequent event I encounter is pulling out of my road, turning right at a mini roundabout.
The car from my left stops so I start pulling out turning right just as a row of heads can be seen above the car roofs streaming passed the stopped cars . In a line they simply ride straight across.

This happens about twice a week on average (popular cycling route)

I would "probably" miss them if I didn't stop in the middle of the road as they are next to the kerb but I feel cyclists have the best vision of all road users, they can see more and plan for more but far too many simply don't /won't.

I can't help but feel a lot of cyclists WANT to be knocked over so they can rant about how bad car drivers are.

Retrogamer

Undertaking is the act of passing someone on the left, then pulling in front of them.
Otherwise it's just passing traffic on the left, which although isn't recommended it is accepted if the traffic is traveling at a slow pace and / or stopped.
This applies to vehicles as well, although not sharing the same lane

RichardD1970

Apples2 wrote: »

I can't help but feel a lot of cyclists WANT to be knocked over so they can rant about how bad car drivers are.

Yeah right, risk serious injury or death just to make a point. Coming off a bike at ANY speed can potentially be fatal.