If a car and motorcycle collide, who's at fault in this scenario?

Deastons

Imagine a queue of static traffic.

From the left, a car joins the road, turning right through a gap in the static traffic. A motorcycle is coming down the middle of the road to avoid the traffic jams and hits the side of the car.

Is it the car's fault for not looking, or the motorcyclist for overtaking the traffic jam at a speed that didn't allow him to stop in time?

hollie.weimeraner

Merlin139 wrote: »

Thought I recognised your name. Just checked the threads you started over the last couple of weeks and have deleted my answer to your question.

Ha, have just read Merlins comments and done likewise. There seems to be a plethora of these pointless posts on the forums at times

Merlin139

Thought I recognised your name. Just checked the threads you started over the last couple of weeks and have deleted my answer to your question.

matttye

Rule 88 of the Highway Code - https://www.highwaycodeuk.co.uk/rules-for-motorcyclists.html:

88
Maneuvering. You should be aware of what is behind and to the sides before manoeuvring. Look behind you; use mirrors if they are fitted. When in traffic queues look out for pedestrians crossing between vehicles and vehicles emerging from junctions or changing lanes. Position yourself so that drivers in front can see you in their mirrors. Additionally, when filtering in slow-moving traffic, take care and keep your speed low.

Motorcyclist is in the wrong if travelling too fast for the conditions. In busy traffic they should be aware of things they can’t see and drive accordingly.

Car driver could have been at fault if it was reasonable for them to have known the motorbike was there and they didn’t e.g. the motorbike made enough noise but because their radio was turned up really loud they didn’t hear it. Or if they didn’t look carefully enough, or they drove out too fast instead of edging forward carefully.

unholyangel

Most likely split liability with majority against emerging vehicle imo.

Deastons

matttye wrote: »

Motorcyclist is in the wrong if travelling too fast for the conditions. In busy traffic they should be aware of things they can’t see and drive accordingly.

What I figured.

daveyjp

Looks like the OP was watching Traffic Cops last night.

If available on my5 if you want to watch. The accident was on the A59 near Skipton.

System

Sounds extremely like the scenario of a bike accident on Ch5 Traffic Cops. In that case which was exactly the same they took no action. 50/50.

unholyangel

Deastons wrote: »

What I figured.

Since you've just selected that one sentence to agree with rather than including the following paragraph about the car drivers liability......the car driver definitely has liability in this scenario. The only question is whether the motorcyclist shares some of that liability.

AndyMc.....

If the car driver reversed into s hole who's fault is it?

a. The householders
b. The car driver
c. The motorcyclists

AndyMc.....

Tarambor wrote: »

Sounds extremely like the scenario of a bike accident on Ch5 Traffic Cops. In that case which was exactly the same they took no action. 50/50.

Who took no action?

The police are there to investigate criminal offences not decide liability.