Interesting accident, whose fault should this be?

JustinR1979

sh0597 wrote: »

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.

Would you have overtaken there in a car?

sh0597

JustinR1979 wrote: »

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?

I did a bit of reading on other case law and I think this would be 50/50 due to evidence of the car driver not proceeding with care.

sh0597

JustinR1979 wrote: »

Would you have overtaken there in a car?

It's not relevant as it involved a bike not a car.

JustinR1979

sh0597 wrote: »

It's not relevant as it involved a bike not a car.

Of course it is, it's overtaking - cars overtake too.

nobbysn*ts

Joe_Horner wrote: »

Changing the subject slightly, to other traffic in the video. If you watch very carefully (slomo helps) then you can see that the first oncoming car takes around 2 seconds to show any reaction in terms of slowing.

He misses the biker by a long way, so no real problem, but it does highlight how slowly people process unexpected incidents on the road. Fairly low speed, he had plenty of opportunity to see both the biker on his side of the road and the car pulling across, yet it takes 2 seconds to start (effective) braking after the collision happens.

If asked, he'd probably swear blind that he reacted instantly. Something well worth thinking about for all those who're convinced they have good reactions

Why would he slam on instantly, rather than brake gradually, (and saying as you can't see the brake lights, their is no way at all of knowing he took two seconds). And even more to the point, why stop way back, and risk the car behind trying to overtake, possibly not having seen the accident, and drive over the biker. Far better to do what he did. Brake in a controlled manner, and come to a stop close to the biker, protecting him with his car.

DoctorFoster

sh0597 wrote: »

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.

Equally without due care or was the car driver exercising more care than the bike?

Have a look at both speeds if you are unsure.

DoctorFoster

JustinR1979 wrote: »

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.

Did the car have its wipers on?

JustinR1979

DoctorFoster wrote: »

Did the car have its wipers on?

It wasn't raining so yes I think it did.

sh0597

DoctorFoster wrote: »

Equally without due care or was the car driver exercising more care than the bike?

Have a look at both speeds if you are unsure.

Care isn't directly related to speed. The car didn't look. If the car had looked then he would have stopped before hitting the bike.


Likewise the bike should have been prepared to stop for a hazard, he should have been further out to give himself a better view and others of him and been travelling a little slower.

JustinR1979

sh0597 wrote: »

Care isn't directly related to speed. The car didn't look. If the car had looked then he would have stopped before hitting the bike.


Likewise the bike should have been prepared to stop for a hazard, he should have been further out to give himself a better view and others of him and been travelling a little slower.

Car wasn't performing a manoeuvre the highway code states you shouldn't perform, the bike was.