cyclists turned right when i overtook

kraken776

I recently had an accident with a cyclist

I attempted to overtake him and as I was doing so he turned right and collided with my left headlight. This was a very sudden movement, he literally turned sharply to the right just as I was alongside his rear.

- This happened in a residential area in a 30 limit with a wide clear road.
- I did not exceed the speed limit to overtake.
- The road was clear for a very long distance in front and nothing was coming the other way.
- I moved all the way over into the opposite lane for the overtake.
- The cyclist did not signal.
- The cyclist did not do anything else to hint that he was about to turn (did not look behind, did not look to the right or where he intended to turn to, did not start to move further to the right ect)
- There was no junction or turning on the left (or anywhere else nearby for that matter).
- There was no cycle lane on ether side of the road at or before the point of the accident but there is a cycle lane on the pavement on the other side of the road which starts about 40 meters from where i started my overtake. There is a fence on the pavement at the start of the cycle lane so it was not visible from my position.

My insurance company tell me that his story is that he was turning right into the cycle lane and that I should have predicted that he would do this. I think this is absurd and unfair.
However i am worried about it because i have heard stories or people being held responsible in this sort of situation if there is a junction on the right.

Can anyone advise me if I am likely to be held at fault for this.

Also,
The cyclist had a helmet cam, This will not show anything that i did because he did not look back. Could it be used to prove what happened and can be be forced to submit the footage?

custardy

You were the one overtaking. Its for you to ensure its safe to do so.
Doesnt really matter what you overtook.
flip it. How are you to prove the other parties fault?

rich13348

Did you have a dash cam, I assume not as you did not mention it.
His helmet cam would show him looking, or not looking over his shoulder if what you say is accurate. It probably would not show him signalling as most of the field or view is ahead and doesn't show much in the way of the front of the bike or arms.

Silver-Surfer_2

kraken776 wrote: »

I recently had an accident with a cyclist

I attempted to overtake him and as I was doing so he turned right and collided with my left headlight. This was a very sudden movement, he literally turned sharply to the right just as I was alongside his rear.

- This happened in a residential area in a 30 limit with a wide clear road.
- I did not exceed the speed limit to overtake.
- The road was clear for a very long distance in front and nothing was coming the other way.
- I moved all the way over into the opposite lane for the overtake.
- The cyclist did not signal.
- The cyclist did not do anything else to hint that he was about to turn (did not look behind, did not look to the right or where he intended to turn to, did not start to move further to the right ect)
- There was no junction or turning on the left (or anywhere else nearby for that matter).
- There was no cycle lane on ether side of the road at or before the point of the accident but there is a cycle lane on the pavement on the other side of the road which starts about 40 meters from where i started my overtake. There is a fence on the pavement at the start of the cycle lane so it was not visible from my position.

My insurance company tell me that his story is that he was turning right into the cycle lane and that I should have predicted that he would do this. I think this is absurd and unfair.
However i am worried about it because i have heard stories or people being held responsible in this sort of situation if there is a junction on the right.

Can anyone advise me if I am likely to be held at fault for this.

Also,
The cyclist had a helmet cam, This will not show anything that i did because he did not look back. Could it be used to prove what happened and can be be forced to submit the footage?

Perhaps a link to streetview will give us a better understanding.

Retrogamer

If the events happened exactly as you have stated, then the cyclist would be liable.
Proving this is exactly what happened though might be difficult without a dash cam.

Silver-Surfer_2

Retrogamer wrote: »

If the events happened exactly as you have stated, then the cyclist would be liable.
Proving this is exactly what happened though might be difficult without a dash cam.

He still over took a vehicle turning right. It will be almost impossible to prove.

arcon5

custardy wrote: »

You were the one overtaking. Its for you to ensure its safe to do so.
Doesnt really matter what you overtook.
flip it. How are you to prove the other parties fault?

Sounds like op did make sure it was safe!

Silver-Surfer wrote: »

He still over took a vehicle turning right. It will be almost impossible to prove.

No he didn't.

Retrogamer

Another good reason to buy a dash cam. Even an expensive one would be cheaper than the increase in premium i'd imagine in events like this.

arcon5

At the end of the day op had to at some point pass the cyclist! Just a bit unlucky that the cyclist is an idiot with no road awareness.


If it happened as op says then ops not liable in the slightest. The only reason op may loose out here, whether that be 100% or 50:50, is because neither party can prove anything

dannyrst

Silver-Surfer wrote: »

He still over took a vehicle turning right. It will be almost impossible to prove.

so you never overtake anything incase they turn right without warning?

Johnmcl7

The OP's description doesn't make sense, they've said they were fully in the opposite lane and the bike hasn't moved to the right as they were overtaking - they only moved when the OP was at the rear wheel at which point there would have been half the road between the OP which they bike couldn't then instantly cover to hit the car.

Not that it matters what anyone here thinks anyway as it will be the insurance company that makes the decision, was the cyclist injured and/or their bike damaged?

John