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

[BentMikey]

Oh, and the policeman saying it was your fault was most likely an ignorant James Blunt, IMO.

 

[tightwad]

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.

I had no idea that the car next to me had flashed at the minibus, how could I? There was traffic beyond the junction waiting at a zebra crossing and I assumed it was slowing down for that reason.

Why should I stop on a road I'm travelling along to allow a vehicle out from a side road? Random stopping along the road mmmm, I suspect if you did it in a car during your test there would only be one outcome.

 

[ttcycle]

tightwad you had right of way on the road- motorist coming out of junction has to give way and as many have mentioned - flashing of lights to let people out is not supposed to be done - clearly the minibus driver didn't see you/didn't look.

hold your own on this one- good luck!

 

[gaz]

I had no idea that the car next to me had flashed at the minibus, how could I? There was traffic beyond the junction waiting at a zebra crossing and I assumed it was slowing down for that reason.

Why should I stop on a road I'm travelling along to allow a vehicle out from a side road? Random stopping along the road mmmm, I suspect if you did it in a car during your test there would only be one outcome.

I'm not saying randomly stop to let cars going, i'm saying if the car in front of you has slowed down to let people out. you should take care and be ready to stop, as in this case the driver that pulled out didn't look.

I would like to point out i'm not saying it was your fault. just that it can be avoided in the future.

 

[MacB]

The blame lies firmly with the driver pulling out, he's pulled into a space that was not safe to do so, he can't rely on another drives light flashing to ok it for him.

However, from a cycling perspective, and your own personal safety and well being, I'd say that anticipation is key. Reading the traffic flow and expecting this sort of thing is part of it. I expect a pull out from any side road I pass, I also look for traffic breaks indicating that another vehicle may be turning across my path. Legally I don't have to do all this but I'd rather that than be 'in the right' following an accident. Many of us drive in this sort of defensive manner as well. Doesn't solve everything but it's surprising how often your 'sixth sense' anticipation turns out to be on the money.

 

[Steve Austin]

The driver shouldn't have pulled out. You shouldn't have undertook a car approaching a junction.

It was an accident that could easily and should have been avoided. At the end of the day, the van is at fault as he should not have pulled out into moving traffic..

 

[SavageHoutkop]

even if person in black car was involved in a collision at night after having forgotten to turn his lights on?

Found this after a quick Google:

In the case of Burgess V Hearn a motorcyclist brought a claim against a car driver who was only showing side lights in thick foggy conditions, the motorcyclist had swerved to miss a collision on his side of the road and collided with the oncoming car which wasn’t correctly lit. The judge held them both equally to blame because the motorcyclist had been travelling too fast but the driver had not used his car lights correctly. If the motorcyclist had been driving at a suitable speed for the conditions, the judge may have held the driver of the poorly lit car 100% to blame.

 

[kevin_cambs_uk]

The driver shouldn't have pulled out. You shouldn't have undertook a car approaching a junction.

It was an accident that could easily and should have been avoided. At the end of the day, the van is at fault as he should not have pulled out into moving traffic..

So are you saying that as cyclists we should never under take anything approaching a junction? What if your in a cycle lane?

I regularly cycle past slow stop start traffic, where I am in a cycle lane and I regularly catch up, pass and be passed again traffic on my right,

So when I see a junction approaching the responsibility is on me to cycle slower that the car next to me just in case he/she decideds to let someone in or out of a junction?

I was always under the impression that they are called give way because they should give way?

If we were on a dual carriageway and the cyclist was a car would you still expecy the same of the motorist on the inside lane?

 

[amrushton]

saw something similar the other week when a cyclst ahead of me went into the side of an oncoming car that had been flashed thro' by the traffic next to the cyclist. The driver didn't think aboutthe cycle lane! Some motorists also like to use the cycle lane as an 'extra' space in which to pull out. Sounds a bit 50/50 but the driver of the van should have checked the cycle lane and not assumed the oncoming traffic was stopped. There could have been a motorbike moving up the outside. Consult whoever is doing your legal stuff and see what they say.

 

[fossyant]

The driver should have had you in view...... I held back from commenting as I was unsure if turning right from the opposing carriageway, or like has been shown here.

When pulling across a carriageway, all drivers/riders have the responsibility of ensuring it is clear and safe. Bikes/motorbikes, and even cars (this caught me out once - car vs car though...shame...) will over/undertake.........

If it get's messy, just get a solicitor involved - use a bike specific one....

For passengers claiming whiplash..FFS....... 100 kg of rider/bike etc v.s. ohh 2500 kg of minibus (my car is 1500kg's ish)........gonna hurt that..like a drop of water.....

 

[PpPete]

Personally I never ever undertake...I always overtake. But in this case if i'd been the OP I'd not have slowed from 20 mph to 12 mph... and if this collision then still occured the consequences could have been far worse.

Long & short of it is you can't win in a bike vs car collision.

 

[mr_cellophane]

The overtake/undertake points in this thread are a little unnecessary as if the OP had been overtaking, then the van would still have pulled out and would have been travelling faster when he hit the cyclist. As an undertaker, he should have been more visible to the driver than if he had been overtaking.

 

[marinyork]

The overtake/undertake points in this thread are a little unnecessary as if the OP had been overtaking, then the van would still have pulled out and would have been travelling faster when he hit the cyclist. As an undertaker, he should have been more visible to the driver than if he had been overtaking.

People often don't look that far to their right in theory,which is why some people prefer to be more in the middle. It's preference really, where I have right turning SMIDSYs they are normally in very predictable places.

 

[BentMikey]

The overtake/undertake points in this thread are a little unnecessary as if the OP had been overtaking, then the van would still have pulled out and would have been travelling faster when he hit the cyclist. As an undertaker, he should have been more visible to the driver than if he had been overtaking.

+1 to this, and the same for whichever right turn the driver was making. Regardless of whether it was from minor to major road, or oncoming from the major road into the minor, he was still under an obligation to give way.

 

[Hacienda71]

I had a near thing on Wednesday, but mine was with a car turning right off the main road with stationary traffic having left a gap to a side road while i was undertaking. I anticipated what the car was going to do so slowed a lot (the female driver mouthed obsenities in my direction as she turned across my path) I would hope if I was driving a car I would not turn when a cyclist was clearly filtering through the traffic, either coming out of or turning into a junction but as a cyclist and driver you are hopefully more observant of other cyclists when driving. The problem is that your average driver will not consider a cyclists speed, position on the road, or vulnerability even if they manage to see you.
Not a lecture just a general observation. Car drivers are not the most predictable things in life