Interesting accident, whose fault should this be?

JustinR1979

sh0597 wrote: »

Both are legal, neither are going fast.

Overtaking at a junction is now legal?
Best inform the people who edit the highway code.


Someone was obviously going too fast, and the car was doing about 1mph.

RichardD1970

Strider590 wrote: »

what gets me is the tribal mentality of car drivers, all sticking together and only because they hate bikers,

IIRC a lot of the people (myself included) who are criticising the biker are bikers themselves, so that sort of disproves your argument and ridiculous comparisons with racism.

Car_54

JustinR1979 wrote: »

Overtaking at a junction is now legal?
Best inform the people who edit the highway code.


Someone was obviously going too fast, and the car was doing about 1mph.

The people who edit the HC know it's legal. That's why they haven't said it isn't.

There are many rules in the HC which are not explicit legal requirements. However, ignoring those rules can lead to other criminal charges, and certainly weakens any argument you may have about fault.

JustinR1979

RichardD1970 wrote: »

IIRC a lot of the people (myself included) who are criticising the biker are bikers themselves, so that sort of disproves your argument and ridiculous comparisons with racism.

I have nothing against cyclists or bikers, if they were in cars would be more traffic for you to sit behind.
Bikers getting on with it - good, is why they're on a bike.
Cyclists jumping red lights - don't mind if it's safe, getting on down the road out of my way.
Just show some self preservation.
You have no crumple zones or airbags or box of metal, so you have to be better than car drivers in looking after yourself, have to spot the dangers.


Would a biker overtake there on test? Never done bike test but guessing not.
Would a car driver pull out of that gap on test? Yes, or would be marked down for not making progress.

JustinR1979

Car_54 wrote: »

The people who edit the HC know it's legal. That's why they haven't said it isn't.

There are many rules in the HC which are not explicit legal requirements. However, ignoring those rules can lead to other criminal charges, and certainly weakens any argument you may have about fault.

Yes, of course you are right, poor choice of words from me
Rules, not the law. May not be illegal but is wrong and advised against.


Like on the back of buses quoting the highway code rule, but it's not a rule. Maybe I wrote that too

sh0597

JustinR1979 wrote: »

I have nothing against cyclists or bikers, if they were in cars would be more traffic for you to sit behind.
Bikers getting on with it - good, is why they're on a bike.
Cyclists jumping red lights - don't mind if it's safe, getting on down the road out of my way.
Just show some self preservation.
You have no crumple zones or airbags or box of metal, so you have to be better than car drivers in looking after yourself, have to spot the dangers.


Would a biker overtake there on test? Never done bike test but guessing not.
Would a car driver pull out of that gap on test? Yes, or would be marked down for not making progress.

The car would fail their test regardless if they hit a bike. Poor observation. It's a classic case of 50/50 though, both are at fault.

JustinR1979

sh0597 wrote: »

The car would fail their test regardless if they hit a bike. Poor observation. It's a classic case of 50/50 though, both are at fault.

Classic case of Powell - Moody says 80-20.
Several bikers on here have said biker mainly at fault.
Would you overtake there in a car?

DoctorFoster

sh0597 wrote: »

The car would fail their test regardless if they hit a bike. Poor observation. It's a classic case of 50/50 though, both are at fault.

It's split liability but do you maintain both are equally to blame?

The way you just say the car driver would fail a test may lead so to believe the biker would pass.

JustinR1979

DoctorFoster wrote: »

It's split liability but do you maintain both are equally to blame?

The way you just say the car driver would fail a test may lead so to believe the biker would pass.

I think they are both 100% to blame for not exercising the Strider approach to driving, if they had both been sounding their horns this wouldn't have happened.

sh0597

DoctorFoster wrote: »

It's split liability but do you maintain both are equally to blame?

The way you just say the car driver would fail a test may lead so to believe the biker would pass.

I do believe both are equally to blame as both are guilty of not proceeding with due care. I believe both parties could have prevented the collision.