Been hit by a car whilst riding in a cycle lane...
- Thread starter JimboIchi
- Start date
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Justinslow
Lovely jubbly
- Location
- Suffolk
Ok fair point, I did say I didn't want to start a fire over it! But am still genuinely interested in hearing @JimboIchi's views. Thanks.
classic33
Leg End Member
Wether he was or wasn't isn't of any use after the fact. And until he gets better legal help, if I were him, knowing what I know now, I'd refuse to put the answer up here. Along with any questions about what he was wearing.
He currently has a three way fight on his hands. The most important of which is getting himself right, first and foremost. That includes getting himself back to riding in traffic again.
bikingdad90
Guru
Sorry to play devils advocate and if I have misunderstood but if the car had indicated and begun to manoeuvre over one lane of traffic to turn into their drive and you came up the inside (passenger side) of the lane and hit the back of the car the argument from the drivers insurance is going to be along the lines of you were hidden from view and should of anticipated the danger so although you have a damaged bike you are actually at fault as you hit him?
Regardless of blame, driving standards, filtering method etc I do hope you get your bike fixed and get better soon!
The insurance company can say what they like - but they would be very wrong and would lose. Would you or the insurance company say the same if the vehicle in question cut across a dual carriageway with filtering traffic? Why should it e different with a bicycle in a bicycle lane?
Banjo
Fuelled with Jelly Babies
- Location
- South Wales
Its the drivers responsibility to check all lanes are clear before turning right.
If its going to turn into a legal claim the OP is probably better not posting anything here just take the advice to seek a solicitor specializing in cycle stuff before doing anything else.
Keep all receipts for buses taxis, parking etc.
If its going to turn into a legal claim the OP is probably better not posting anything here just take the advice to seek a solicitor specializing in cycle stuff before doing anything else.
Keep all receipts for buses taxis, parking etc.
classic33
Leg End Member
@JimboIchi, hope you're not feeling too sore today. Keep an eye on your vision. Any noticible difference, get yourself seen again.
bikingdad90
Guru
@User I agree with your comment and did not witness the collision however the point I was trying to make was that if the driver could not see the bicycle and rider as it was obscured or hidden from vision because he was filtering along the inside and proceeds because they believe it is clear and appears initially safe to proceed and then has a subsequent collision. The liability is a little bit less clear in my eyes as the manoeuvre went from perceived safe to unsafe and based on the description written by the OP it would hint to the car almost completing the turn and then the cyclist hitting the rear of the car (rather than the bonnet or front) as he/she saw the danger but failed to take action in time. The drivers insurance may argue that cyclist is in the wrong for cycling poorly up the inside. However I would say it is 100% driver fault if the OP had gone over the bonnet or hit the front of the car as the driver should of seen the danger and is a clear case of SMIDSY!
In essence what I am trying to see if how can a driver be at fault entirely for something which they cannot see or possibly know was there upon starting a turn which is different to looking and not acknowledging an 'object' which is clearly visible.
@Banjo is probably right, that the insurance may argue the toss on this one.
In essence what I am trying to see if how can a driver be at fault entirely for something which they cannot see or possibly know was there upon starting a turn which is different to looking and not acknowledging an 'object' which is clearly visible.
@Banjo is probably right, that the insurance may argue the toss on this one.
glasgowcyclist
Charming but somewhat feckless
- Location
- Scotland
If you're going to drive your car across other lanes of traffic, the onus is on you to ascertain the way is clear.
GC
You are not poorly cycling up the inside if in a cycle lane but the if driver's view is obscured then the druver drove across a lane without knowing if it is ckear. The HC does nott say look if it's cklear but if you can't see, farkit just go anyway it'll be the other persons fault.
Andy_R
Hard of hearing..I said Herd of Herring..oh FFS..
- Location
- County Durham
The OP wasn't filtering. He was using the ycle lane. The outside lane was stationary, the inside lane (cycle lane) wasn't. The driver, as has been previously said, failed to adequately check that the cycle lane was also clear of oncoming traffic before crossing it.
bikingdad90
Guru
Opps. I missed the cycle lane bit as he didn't mention it in the post but in the title so missed it. I retract what I say as it is complete tosh!
vickster
Legendary Member
Best delete the posts then so as not to confuse or offend anyone
glasgowcyclist
Charming but somewhat feckless
- Location
- Scotland
That would make the remaining posts look odd, best leave everything alone as he's made it clear where his error was.
GC
