If a car and motorcycle collide, who's at fault in this scenario?
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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?
Someone watched last nights edition of Traffic Cops.
Wasn't the policeman's recommendation to the CPS, no further action because the dashcam footage and independent witnesses showed they were both at fault?0 -
Both at fault.
Car driver for failing to give way. (RTA 1988 Section 36)
Biker for overtaking on approach to junction. (HC Rule 167)0 -
You can easily find case law on this if you Google it. Biker filtering at speed even hitting a car pulling out frequently gets liability (all or some) against them as filtering is not the same as overtaking and is meant to be done at low and safe speed not just drive at the speed limit regardless0
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AndyMc..... wrote: »Who took no action?
The police are there to investigate criminal offences not decide liability.
From the description given it sounds like the offence would be careless driving, which is a summary only offence and therefore would be a police charging decision...not CPS.
https://www.cps.gov.uk/legal-guidance/charging-directors-guidance-2013-fifth-edition-may-2013-revised-arrangements
Look at section 15 - police charging decisions.What will your verse be?
R.I.P Robin Williams.0 -
And tonight the challenge is for anyone to find a valid legal rule that says filtering is an acceptable practice.
It's not filtering its overtaking0 -
And tonight the challenge is for anyone to find a valid legal rule that says filtering is an acceptable practice.
It's not filtering its overtaking
If there was a "legal rule", it would give a right for people to do it - something that isn't required because theres no standard or act prohibiting it.
Theres no legal rule saying that using blue biros is an acceptable practice. But unless there is a rule against it, then it is by default an acceptable practice.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
I nearly failed my bike test because I didn't filter when I had the chance.And tonight the challenge is for anyone to find a valid legal rule that says filtering is an acceptable practice.
It's not filtering its overtaking
The police biker rider who did my advanced training filtered when there was a suitable opportunity.
When I was having trouble filtering on the A3 (because a few selfish drivers were blocking the filtering), a police biker parked at the side of the road joined just ahead of me and led the filtering. Probably at 20mph in nearly stationary traffic (70mph limit).
Reading this, it sounds like I'm a really nervous biker. That's not the case - just demonstrating that it is regarded as acceptable practice.0 -
And tonight the challenge is for anyone to find a valid legal rule that says filtering is an acceptable practice.
It's not filtering its overtaking
Rule 88
"when filtering in slow-moving traffic, take care and keep your speed low."
https://www.gov.uk/guidance/the-highway-code/rules-for-motorcyclists-83-to-88
Rule 160
"be aware of other road users, especially cycles and motorcycles who may be filtering through the traffic. "
https://www.gov.uk/guidance/the-highway-code/using-the-road-159-to-2030 -
Rule 88
"when filtering in slow-moving traffic, take care and keep your speed low."
https://www.gov.uk/guidance/the-highway-code/rules-for-motorcyclists-83-to-88
Rule 160
"be aware of other road users, especially cycles and motorcycles who may be filtering through the traffic. "
https://www.gov.uk/guidance/the-highway-code/using-the-road-159-to-203
Thats already been quoted in the thread in post #4 - i suspect angrycrow meant an actual law rather than guidelines given their use of "legal rule".You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
From the description given it sounds like the offence would be careless driving, which is a summary only offence and therefore would be a police charging decision...not CPS.
https://www.cps.gov.uk/legal-guidance/charging-directors-guidance-2013-fifth-edition-may-2013-revised-arrangements
Look at section 15 - police charging decisions.
And your point is?
Careless driving is a criminal offence.0
This discussion has been closed.
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