Car pulls out on me and I'm to blame?

[Tollers]

+1 for CTC advice. Do you need to be a member? If so, i'd join then make the call...

http://www.rjw.co.uk/legal-services...ip-organisations/ctc/road-traffic-collisions/

Never admit that it was your fault
Note the driver’s name, address, vehicle registration number and insurance details
Take names, telephone numbers and addresses of at least two witnesses
Report the accident to the police
If injured ensure that you seek medical advice from a hospital or your GP
Photograph visible injuries
Keep any damaged clothing and bike parts and try to obtain a written assessment of the damaged items
If you incur any expenses as a direct result of the accident, make sure you keep a full record of these along with receipts where appropriate
How to contact CTC Accident Line

Call us on:

• 0844 736 8452
  This service is available 24 hours a day, 365 days a year.

 

[gaz]

I had one very close call like yours once when going down a bus lane, stationary traffic on my right, A white van man flash for a car to go into the side road across the bus lane, and i nearly hit him.

I can't offer any more advice than everyone else has, as the CTC is probably your best bet. But in future, i would recommend taking extreme caution on undertaking a vehicle at a junction!

 

[D4VOW]

I reckon the police were correct. As stated by others, the driver has a responsibility to look themselves, even having been flashed to be let in; while cyclists should not undertake lines of stationary traffic, especially coming up to a junction.

+1

Undertaking at 12mph at a junction is just plain daft though.

 

[tightwad]

+1

Undertaking at 12mph at a junction is just plain daft though.

I had slowed down from over 20 mph.
I was aware of the potential hazards but do I need to stop and allow cars to cross in front of me because some driver has decided to stop, which I have to say is wrong and is very anti cycling.
This is a wide road where the cycle lane stops approx 20 metres from the junction.
Do you stop at every junction you get to where a car is waiting to come out?

 

[jig-sore]

first of all i would suggest that "if" this goes to the insurance you are a bit more clear with your description of events. with all your "left" and "right" references it gets a bit confusing to read your description.

after a few re-reads i see the situation like this....

Van is green, car is blue (flashing lights), you are red.

if this is the case then the van pulled out of a give way into your path. how can you be to blame ???. the actions of the guy in the stationary car are totally stupid (the van is on a give way so he should have left well alone and let it "give way") but ultimately irrelevant.

if the police are to be believed, then traffic traveling along a road should give way to traffic emerging from side roads ?!?!?!?!

in this situation, as a cyclist i would have passed the stationary car on the inside (under take) and proceeded up the road, why wouldn't you ???

the van driver pulled out into "oncoming traffic", therefore it's his fault.

in the future, expect everyone to do the wrong thing and you may be more prepared to avoid these types of idiot drivers.

 

[gaz]

I had slowed down from over 20 mph.
I was aware of the potential hazards but do I need to stop and allow cars to cross in front of me because some driver has decided to stop, which I have to say is wrong and is very anti cycling.
This is a wide road where the cycle lane stops approx 20 metres from the junction.
Do you stop at every junction you get to where a car is waiting to come out?

You wouldn't have overtaken them in the car if they done that, so why should you undertake whilst your on your bike!

In this situation it's best just to act as part of the traffic, stop, let them out and then go.

 

[661-Pete]

Flashing of your headlights is never to be interpreted as as 'come-on' signal. Whatever motorists may choose to make of it, the HC is quite explicit on this point:

110
Flashing headlights. Only flash your headlights to let other road users know that you are there. Do not flash your headlights to convey any other message or intimidate other road users.

I have to admit, it can be a PITA when working through congested traffic, to have someone ahead of me give a 'come-on' signal without checking if it could endanger a cyclist coming up behind. I think it is the onus on the motorist to check such things before flashing, if he does choose to flash. This probably puts you in the clear, although the undertaking will probably be tut-tutted a bit. Good luck with the case!

 

[D4VOW]

Flashing of your headlights is never to be interpreted as as 'come-on' signal. Whatever motorists may choose to make of it, the HC is quite explicit on this point:

The highway code also states

167
DO NOT overtake where you might come into conflict with other road users. For example
approaching or at a road junction on either side of the road

I find some of the comments on here very hypocritical. People are always commenting at the impatience of motorists and yet when a cyclist can not be bothered to slow down for a second or two it is also the motorists fault

Undertaking at a junction is a very big no which causes many deaths, personally I never undertake any vehicle at any time unless it is turning right, overtaking is always the better option.

 

[g00se]

Not sure if it has any relavance, but with the car that was stationary and flashed the minibus through: Was it stationary in a stationary queue of traffic (and you were filtering past all the traffic on the inside)? Or had it slowed down specifically to let the minibus through and you were undertaking?

 

[marinyork]

However, if it was dark (you don't say); and your bike wasn't road legal with lights/reflectors etc there could be an argument to say he couldn't see you as you weren't legal.

Just to pull you up on this, as this is very naughty, lights aren't contested in road traffic incidents. Whilst you can waffle on about ninjas till you're dead in the face, the same applies to the other vehicles. Sorry to disappoint you...

 

[addictfreak]

The highway code also states



I find some of the comments on here very hypocritical. People are always commenting at the impatience of motorists and yet when a cyclist can not be bothered to slow down for a second or two it is also the motorists fault

Undertaking at a junction is a very big no which causes many deaths, personally I never undertake any vehicle at any time unless it is turning right, overtaking is always the better option.

A cyclist at fault, surely such a thing could never happen

 

[marinyork]

A cyclist at fault, surely such a thing could never happen

Well not in this circumstance as 75-100% of the blame will automatically be assigned to the minibus driver. They are just bluffing. The double white line or solid white line means it is their fault. Harsh but there you go.

 

[tightwad]

first of all i would suggest that "if" this goes to the insurance you are a bit more clear with your description of events. with all your "left" and "right" references it gets a bit confusing to read your description.

after a few re-reads i see the situation like this....

Van is green, car is blue (flashing lights), you are red.

if this is the case then the van pulled out of a give way into your path. how can you be to blame ???. the actions of the guy in the stationary car are totally stupid (the van is on a give way so he should have left well alone and let it "give way") but ultimately irrelevant.

if the police are to be believed, then traffic traveling along a road should give way to traffic emerging from side roads ?!?!?!?!

in this situation, as a cyclist i would have passed the stationary car on the inside (under take) and proceeded up the road, why wouldn't you ???

the van driver pulled out into "oncoming traffic", therefore it's his fault.

in the future, expect everyone to do the wrong thing and you may be more prepared to avoid these types of idiot drivers.

Your picture is a perfect representation, thanks. I have a photo of the site from Google earth which I intend to illustrate on for the insurance and solicitors.

 

[marinyork]

You're picture is a perfect representation, thanks. I have a photo of the site from Google earth which I intend to illustrate on for the insurance and solicitors.

The minibus driver is just bluffing. It's basically his fault, open and shut case. All the argy bargy was to just to try and get you to admit blame and influence the police officer.

 

[BentMikey]

Carry on tightwad, I think there's a very good chance the claim should go your way. Yours might be a failure of perfect and defensive riding, but his (the minibus driver) is fault of actual and legal blame. There's a reason for give way, and he failed to give way. IANAL though.