Interesting accident, whose fault should this be?

arcon5

This thread raises some very interesting perspectives and I know the case of Powell vs Moody has been referred to, but i'm posting up this summary as I think it's probably the most relevant thing to this post.

Powell vs. Moody
Vehicle A pulled out of a side road and was hit by Vehicle B, a motorcycle that was overtaking two lines of stationary vehicles on the wrong side of the road.

Who’s at fault?
Liability is split 20%/80%.

Vehicle A had a duty to ensure it was safe to pull out of a side road, so it had to accept part of the blame. However, jumping a queue and overtaking on the wrong side of the road is a maneouvre that should be undertaken with a great deal of care, so the biker shouldered 80% of the liability.

DoctorFoster

JustinR1979 wrote: »

Next you'll be posting links that confirm you are wrong.
Not sure how it helps your argument doing that, is a bizarre method I can't see catching on.

I'll try and find you a clip of his driving. He is serious lacking restraint but it's never his fault. Effing and blinding at the driver who's done nothing wrong.

JustinR1979

arcon5 wrote: »

This thread raises some very interesting perspectives and I know the case of Powell vs Moody has been referred to, but i'm posting up this summary as I think it's probably the most relevant thing to this post.

I think that's spot on, car is a little at fault, bike a lot


Regardless of fault, or rights and wrongs, you have to keep yourself safe.
Usually any question a learner may have they can answer themselves after being told to name the safest option.

JustinR1979

DoctorFoster wrote: »

I'll try and find you a clip of his driving. He is serious lacking restraint but it's never his fault. Effing and blinding at the driver who's done nothing wrong.

Oh this is for real?
Will have to view some of this tomorrow

londonTiger

Strider590 wrote: »

But he was looking left, not right. He just assumed the right was clear. Assumption is the mother of all f**k ups.

No offence, but every driver that gives abuse to a cyclist or biker ALWAYS claims to be one too. It's like being clearly racist and then saying "i've got black friends" or being homophobic and saying "my best friend is gay".

You say your a biker, but then you claim that filtering over hatch markings is not allowed, when clearly it is.

what is a driver supposed to do in this scenario? he can only look left or right not both, driver cleared the side coming from the right, so he then turned to look at the left to wait for a clearing - then biker drives through the chevron.

It shocks me that there is even a question of split liability, driver did all that is humanly possible given the circumstance and the rider ignored all tell tale signs

sh0597

Is there any actual damage? I reckon it would go 50/50 due to not being in anyone interests to argue the liability in court.

RichardD1970

My opinion, bike mainly to blame.

I know as a driver you have to expect the unexpected, but if a queue of traffic has stopped to let you cross in front of them you don't expect some idiot to be bombing down the wrong side of the road (which ISN'T filtering) and will be concentrating on looking out for traffic coming from the left.

As as has already been said, if it was a car performing that manoeuvre then it would probably be the object of one of Strider's YouTube clips, with him commenting on what an f*****g idiot they are.

Oh, and I DO ride a motorbike to work every day

DTDfanBoy

The motorbike is at fault, they are travelling to fast on the wrong side of the road.

The first motorbike to zoom past should count themselves very lucky, had the car pulled out in front of them it would have been a hell of a lot messier :eek:

Strider590

londonTiger wrote: »

what is a driver supposed to do in this scenario? he can only look left or right not both, driver cleared the side coming from the right, so he then turned to look at the left to wait for a clearing - then biker drives through the chevron.

It shocks me that there is even a question of split liability, driver did all that is humanly possible given the circumstance and the rider ignored all tell tale signs

Basically yes, head on a swivel...... He should have kept checking both ways.

I'm not disputing that the biker will be held at least partially to blame, but what gets me is the tribal mentality of car drivers, all sticking together and only because they hate bikers, coming out with the usual BS stereotypes and nonsense arguments (like queue jumping)......... It's no different at all to actual racism. People think it's ok to attack a minority group because they feel like they can get away with it.

nobbysn*ts

Biker. Way too close to the slow moving cars he's overtaking, so would be placing himself in a position impossible to be seen. Hits the car creeping out as the car is inches over the white line, so clearly can't see ahead himself either. He's that close because he's overtaking into two lines of oncoming traffic. Poor judgement, poor positioning, sometimes bikers expect car drivers to be physic.