Interesting accident, whose fault should this be?

JustinR1979

Are bikers not taught defensive driving and self preservation?
I won't ride a bike, people don't see lorries, so sod that.

OnanTheBarbarian

http://www.bikelawyer.co.uk/uploads/resources/documents/218/original/Personal%20injuries%20-%20motorcycle%20accidents%20(AC%20Article).pdf?1369748684

Some relevant caselaw here, but as I said earlier, Powell -v- Moody is pretty much on all fours with the subject matter in the video.

atrixblue.-MFR-.

Why are people suggesting the biker was at fault, it was drivers responsibility to ensure his way was clear before emerging form the junction into flow of traffic, he spent too much time looking LEFT whilst his vehicle was still creeping forward, had he stopped, looked RIGHT, LEFT then RIGHT before pulling away the rider may have been visible to him, the rider did himself no favors by filtering being sat up higher and the traffic stationary I also wonder why he didn't read the warning signs and slow down or stop filtering, but the onus was on the vehicle emerging into the flow of traffic to ensure it was clear to do so.

Daz2009

Ask yourself how else is the car supposed to pull out if he doesn't poke his nose out into the traffic.
As for someone saying he was looking left,it's impossible to look both ways at the same time,he was looking right initiately,the bike was probably not in view or was obscured by the other vehicles,so he looked left......I don't see what else the driver could have done.The biker is a !!!!!!

JustinR1979

He was looking left because the traffic to the right had stopped for him.
Didn't expect a suicide bandit overtaking the courteous car drivers in a dangerous manner.

JustinR1979

Thank God it wasn't a young lady crossing with her little children, biker would have killed them at that speed.

sh0597

It seems pretty clear the driver didn't even try to check for a bike filtering even though one had just passed by him. It's a common error to turn right and not look right or turn left and not look left. So it comes down to whether the bike was at all negligent.

JustinR1979

Ok, what if it was a car overtaking stopped traffic there at that speed?
Why is a bike special?
It's overtaking, not filtering.

DoctorFoster

atrixblue.-MFR-. wrote: »

Why are people suggesting the biker was at fault, it was drivers responsibility to ensure his way was clear before emerging form the junction into flow of traffic, he spent too much time looking LEFT whilst his vehicle was still creeping forward, had he stopped, looked RIGHT, LEFT then RIGHT before pulling away the rider may have been visible to him, the rider did himself no favors by filtering being sat up higher and the traffic stationary I also wonder why he didn't read the warning signs and slow down or stop filtering, but the onus was on the vehicle emerging into the flow of traffic to ensure it was clear to do so.

Make your mind up will you.

Either the rider was 100% without blame or he wasn't.

Strider590

DoctorFoster wrote: »

So if it necessary for them to queue jump or filter as that's their only safe method of travel then that would imply they are not a safe vehicle for the roads of today.

No, it would imply that drivers should not take emotional and psychological issues onto the roads. The road is not a "queue", bikers are not "queue jumpers", the law applies first and it covers every aspect of driving, social order (the drivers perception of) has no place on the road and if you think bikers are "queue jumpers", then neither do you.