2Nd Lexus, 2Nd New Front End.....

[richardm6994]

Nigel....the accident has already been reported to them the day after it happened (they've issued the cliams forms....they will just be notified that no claim will be made as the matter is being dealt with privately

[Guest Tiger78]

I think the biker is in the right - although if I was on a bike I would not have been doing that speed. The fact the car was nosing out the junction means he is pulling into the bikers path - if he is overtaking or not. The amont of drivers I see pulling out of a junction only looking in one direction- it's really quite scary. Does no one look both ways these days?

[philshelton]

not a chance of seeing the biker, single carriage way typical biker thinks the white line is his lane.

[femster87]

I think the biker is in the right - although if I was on a bike I would not have been doing that speed. The fact the car was nosing out the junction means he is pulling into the bikers path - if he is overtaking or not. The amont of drivers I see pulling out of a junction only looking in one direction- it's really quite scary. Does no one look both ways these days?

 

Please, anybody sensible enough and wants to stay alive would be careful at a junction. I am amazed at what people (myself included) miss on the roads. Bikers are difficult to spot, its their obligation as well drivers to be sensible on the roads

[knights_templar]

lots of opinions, but different answers.

 

legal, the law, car is 100% at fault, evidance the highway code

 

civil law will preportion blame, evidance civil case law.

 

morally? up to your own opinions.

 

still think uninsured drivers should be hung, drawn and quartered, is that allowed now? If not keelhauling will suffice, if done twice of course.

[megadodo]

I'm very surprised by those saying the biker is in the right! He is blatantly ignoring 2 points of the highway code! The "best" you could say is that it "may" be 50/50 (I personally disagree with that) but there is no way you can argue the biker is in the right!

[Guest Ian & Carole]

I'm very surprised by those saying the biker is in the right! He is blatantly ignoring 2 points of the highway code! The "best" you could say is that it "may" be 50/50 (I personally disagree with that) but there is no way you can argue the biker is in the right!

 

That was my take on it as I ,stupidly, still believe that the highway code is the "Rules of the Road" which we all attain to achieve, stand and fall by.

 

I must be too old or too simplistic in my opinions.

Edited October 3, 2014 by Ian & Carole

[richardm6994]

continuation to cma's post;

 

"Although failure to comply with the other rules would not, in itself, cause a person to be prosecuted, the Highway Code may be used in court under the Road Traffic Act to establish liability. These include advisory rules with wording ‘should’ and ‘should not’ or ‘do’ and ‘do not’. "

Edited October 3, 2014 by steamer

[richardm6994]

So if I undersatnd that correctly 'should' and 'should not' and 'do' and 'do not' advisory rules would be used to determine liability.....so Ian's simplistic view is correct

[richardm6994]

This has turned into a really interesting topic....hopfully everyone will of watched the video and it will cross their mind when they are next pulling across standing traffic......and hopfully bikers will see the extra caution they need to take when filtering through traffic and approaching a side junction.

 

The biker has signed a document stating he is 100% at fault and no further proceedings will be taken by either party.....and his cheque has been banked and the repair has been booked.

Edited October 3, 2014 by steamer

[agent_zed]

Again just personal opinion but i would say you were pulling out at nice sensible speed given the situation. The biker was traveling far too fast for the conditions. If the biker had been doing 10-15mph he would have easily seen you and been able to stop. As said it could easily have been some trying to cross the road that got hit.

 

It's certainly interesting and i've seen a few near misses similar. I once overtook along a straight nice and safely and then a van decided to do the same. I saw him pulling out in the rear view mirror and then saw ahead a car coming out of a junction on that side of the road. It was far too close for comfort watching the van just make it back in in time.

 

In france last week i saw a lot of bikers weaving in between the traffic lanes and on the UK motorway on the way home some idiot on a bike undertaking between the fast and middle lanes. Still hospitals need donors i guess.

 

on the contrary i did see a biker the other week i was behind for 5 miles or so and although he was in shorts!, i was impressed that he maintained a good distance and wasn't hanging on the rear offside of the car in front, despite having a big sports bike.

If i had had a chance i would have liked to have said to him that his driving was commendable. wish more bikers were like that.

[Guest tiggertom]

I drive cars /vans/ hgv/ and the odd superbike every one has a opinion on the other driver as for your accident 50/50 insurance ,police, its all down to officer ,i had a crash last year ,a car hit me coming off a roundabout spinning at high speed ripped wheels of my new van kinked roof and he needed to be cut out attending officer said it was straight foreword high speed out of control on wrong side of road ,i got a letter from police saying no action to any party ,so from being straight forward he got away with dangerous driving.so good luck

[Guest Hoppo]

After reading this topic yesterday this article appeared on another forum today. Yes a motorbike forum so some may say it's biased others may think other wise

 

http://www.motorbikestoday.com/news/Articles/filtering_law.htm

 

Steve

[sj-bradley]

Ah, the keys words in this is "... you can't avoid a collision when travelling at a reasonable speed ..."

 

In other words, the biker could not stop in time because he was travelling at a speed higher than the visible stopping distance. If he had been "filtering" at a sensible speed, he could have stopped.

 

The car driver was pulling out slowly in order to see clearly if the path was clear to continue. What else COULD he have done? Nothing better than that.

 

The biker was travelling too fast for the conditions / visibility.

 

My opinion though.

 

Simon.

[Guest Hoppo]

I agree with you Simon, from the video biker looks to be going to fast for that situation, but that's our opinion and a court could see it totally different too us

 

Steve