Hard Impact; Where does fault lie?

[Cycling Dan]

View: https://www.youtube.com/watch?v=hOkhwFCEf4A



Reading the description from the uploaded. Apparently the insurance lay sole blame onto the cyclist since he couldn't stop in time and it was no longer a cycle lane and should have stopped then proceed. Which I think is moronic.

 

[TissoT]

Who s driving the car "Ray Charles" .... driving without due care and attention . I would say

 

[sight-pin]

I agree with tissot, It's clear to see that their is plenty of room the other side of the box junction so no need to stop with the cars, The car driver should of checked all was clear first imo.
As for the cycle lane not being there, surly a bike using a road so same driving laws apply as the vehicles....no?

 

[glasgowcyclist]

Reading the description from the uploaded. Apparently the insurance lay sole blame onto the cyclist since he couldn't stop in time and it was no longer a cycle lane and should have stopped then proceed. Which I think is moronic.

Insurance company is talking shíte to protect itself, what a surprise.

GC

 

[Cycling Dan]

Insurance company is talking shíte to protect itself, what a surprise.

GC

Indeed. They do not care who is at faulty. They just want to avoid paying out.

 

[youngoldbloke]

The cycling lane is there isn't it - right across the junction, not that that has anything to do with it. The driver is 100% at fault.

 

[GrumpyGregry]

Nobber-driver has nobber-insurer.

 

[Colin B]

OK let me play devils advocate here for a second . The cyclist is clearly behind d the motorcycle rider and he is behind a car . The car in front of the motorcycle applies his breaks and I'm speculating he has flashed the car waiting to turn right at the junction , the motorcycle rider has anticipated this and slowed down . The cyclist has come from behind d the rider and continued forwards not reducing his speed and gets smacked by the car .
The insurance probably used the unable to stop cos of his speed because all the other road users in the video managed to do so
Anyways just put it out there and not saying its my opinion

 

[theclaud]

OK let me play devils advocate here for a second

Driver's fault. No question whatever. It never ceases to amaze me, the knots people will tie themselves in to avoid the bleedin' obvious.

 

[shouldbeinbed]

OK let me play devils advocate here for a second . The cyclist is clearly behind d the motorcycle rider and he is behind a car . The car in front of the motorcycle applies his breaks and I'm speculating he has flashed the car waiting to turn right at the junction , the motorcycle rider has anticipated this and slowed down . The cyclist has come from behind d the rider and continued forwards not reducing his speed and gets smacked by the car .
The insurance probably used the unable to stop cos of his speed because all the other road users in the video managed to do so
Anyways just put it out there and not saying its my opinion

Assuming your version is right: the driver that flashed the other car on is a contributing negligent party for encouraging the maneuver that lead to the collision without ensuring every other road user was aware of and in agreement with their unilateral decision. Advanced driving courses do not advocate any sort of flashed light 'come on' as it encourages people to think one persons reading of the situation gives them carte blanche over everyone else when it does nothing of the sort and they still have to be aware of all road users.

 

[Andy_R]

OK let me play devils advocate here for a second . The cyclist is clearly behind d the motorcycle rider and he is behind a car . The car in front of the motorcycle applies his breaks and I'm speculating he has flashed the car waiting to turn right at the junction , the motorcycle rider has anticipated this and slowed down . The cyclist has come from behind d the rider and continued forwards not reducing his speed and gets smacked by the car .
The insurance probably used the unable to stop cos of his speed because all the other road users in the video managed to do so
Anyways just put it out there and not saying its my opinion

Let me play devil's advocate to your devil's advocate. The cycle lane has not come to an end, and as can be seen, was clear ahead. The driver and the motorcyclist were in a different lane which was blocked ahead. The cycle lane was not blocked, so there was no need for the cyclist to stop.

 

[Colin B]

OK but from the cyclist POV can he see the other lanes ahead are blocked or does he just see vehicles slowing to a stop for whatever reason . I agree with the flashing thing and as a rule I never do it , but when I see brake lights coming on ahead of me I start thinking why and use caution as I approach and I plan to do likewise on a cycle .
All I'm saying here is a broker would have said all the other vehicles stopped and that's how they'll blame the cyclists because they can say his speed mea t he was unable to safely stop because the video clearly shows vehicles ahead of him stopping for something , but hey he its sunday I'm not here for a bar brawl enjoy your day

 

[Cycling Dan]

OK but from the cyclist POV can he see the other lanes ahead are blocked or does he just see vehicles slowing to a stop for whatever reason . I agree with the flashing thing and as a rule I never do it , but when I see brake lights coming on ahead of me I start thinking why and use caution as I approach and I plan to do likewise on a cycle .
All I'm saying here is a broker would have said all the other vehicles stopped and that's how they'll blame the cyclists because they can say his speed mea t he was unable to safely stop because the video clearly shows vehicles ahead of him stopping for something , but hey he its sunday I'm not here for a bar brawl enjoy your day

It's also a yellow box junction and a backlog of traffic. Nothing to say there is any suprise apart from a car not entering a yellow box junction.
Regardless the car is moving across two lanes and is soloy responsible for getting across without coming into conflict

 

[Steady]

Whilst I agree the car is at fault as it should be their responsibility to ensure it's safe to proceed, it's evident that the cyclist was travelling way to fast for their own safety. Traffic lights ahead turn red, brake lights are on, not only a large gap infront but no space ahead for the leading car to proceed forward = a high chance of a car turning from the opposite side, all cues missed.

I think with the vast numbers of people cycling to work there should be some work/Gov scheme to get cyclists into training as the amount of cyclists with little road awareness or forward anticipation is very quickly increasing in numbers. A large number of cyclists see a road and are trying to cycle as fast as they can and usually into dangerous situations where any other road-vehicle would ease off and slow down, and exercise caution.

 

[theclaud]

Whilst I agree the car is at fault as it should be their responsibility to ensure it's safe to proceed, it's evident that the cyclist was travelling way to fast for their own safety. Traffic lights ahead turn red, brake lights are on, not only a large gap infront but no space ahead for the leading car to proceed forward = a high chance of a car turning from the opposite side, all cues missed.

I think with the vast numbers of people cycling to work there should be some work/Gov scheme to get cyclists into training as the amount of cyclists with little road awareness or forward anticipation is very quickly increasing in numbers. A large number of cyclists see a road and are trying to cycle as fast as they can and usually into dangerous situations where any other road-vehicle would ease off and slow down, and exercise caution.

No it isn't. Like @User30090 above, I would suggest that the driver's fault here is a common one, and it's advisable to anticipate this kind of thing. However, if motorists take the responsibility that they should, then pedestrians and cyclists can exploit their natural advantages in an urban situation and get about less hindered by the dangerous driving of others. This implies, of course, a concomitant responsibility upon cyclists to take more responsibility around pedestrians, but that can only be a good thing.