Ever doored a cyclist? Don't think it's your fault? This man will help!

[SW19cam]

View: http://www.youtube.com/watch?v=dlfTY0rV1nQ


According to this 'Lawyer' you don't have to worry, the law is on your side when you 'door' a cyclist.

There are actually three offences here:

1) Someone apparently opened a door which ended up hitting a cyclist
2) The driver has parked on a bus stop
3) The driver is on the phone as he drives away

What are your thoughts?

Is the lawyer correct?

 

[gambatte]

Yeah, he's absolutely right <sarcasm>
link to this

 

[benb]

The lawyer has no idea what he's talking about.

 

[Miquel In De Rain]

Mobile phone should put him straight into the wrong?

He instigated the accident?

 

[Pauluk]

I believe from past experience the lawyer is wrong (if that's what he is, as I would think most in the UK would describe themselves as a solicitor or barrister etc). If you open a car door (passenger or driver) and someone immediately runs in to it and they had no reasonable time to evade the door, it's you fault.

I think he was trying to make up some kind of defense regarding the width of the carriageway to the white lines. I think this may be a red herring.

 

[CJDorset]

i think this guy handled it very well, i would have gone mental !!!

 

[CJDorset]

the guy who got hit that is

 

[ufkacbln]

i think this guy handled it very well, i would have gone mental !!!

Keeping calm is essential.

Shouting, ranting and raving tends to alienate people's opinion

I got left hooked on a busy corner and the car driver stopped then started ranting about how I had been in his way. couple of people stopped to watch, and were willing to speak to the police on the phone describing the driver as a "nutter"

When the Police arrived a few minutes later, four witnesses spoke to them, Two who had seen the incident described him as aggressive from the start, and two who had not seen the incident were willing to state that his attitude as aggressive.

Police then went and talked to driver who was arrested.

 

[CJDorset]

Keeping calm is essential.

Shouting, ranting and raving tends to alienate people's opinion

I got left hooked on a busy corner and the car driver stopped then started ranting about how I had been in his way. couple of people stopped to watch, and were willing to speak to the police on the phone describing the driver as a "nutter"

When the Police arrived a few minutes later, four witnesses spoke to them, Two who had seen the incident described him as aggressive from the start, and two who had not seen the incident were willing to state that his attitude as aggressive.

Police then went and talked to driver who was arrested.

 

[doug]

The driver is responsible and must make sure it is safe before opening or allowing a passenger to open a door, however cycling in the doorzone is not good practice and may be contributory negligence if it was easily avoidable.

 

[gambatte]

as in the link I put. The guy prosecuted for manslaughter. looks like it was his kid that opened the door.

 

[martint235]

Doug has it right. If I remember correctly the only thing a driver isn't responsible for is whether or not his/her passengers are wearing seatbelts, that's an individuals responsibility.


Just to point out as someone is bound to do it eventually, the HC isn't law. It's a guidance document. If the word "must" is used in the HC, it will be advising of an entry in a law probably the Road Traffic Act.

 

[campbellab]

Child locks on all doors from now on! IMO it should fall on an adult who opens the door - driver cant stop someone from opening the door without warning (some central locking systems may do this but mine just unlocks if you open doors from inside?). Kids fair enough - child locks/parental responsbility...

 

[Andy_R]

Doug has it right. If I remember correctly the only thing a driver isn't responsible for is whether or not his/her passengers are wearing seatbelts, that's an individuals responsibility.


Just to point out as someone is bound to do it eventually, the HC isn't law. It's a guidance document. If the word "must" is used in the HC, it will be advising of an entry in a law probably the Road Traffic Act.

this ones covered by the RTA (source: [Laws CUR reg 98, 105 & 107, RVLR reg 27 & RTA 1988 sect 42])

 

[martint235]

Absolute rubbish.

Care to spread the enlightenment further than just "Absolute rubbish"?