Hard Impact; Where does fault lie?

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boydj

Legendary Member
Location
Paisley
you might think so, but as i posted up thread, in almost identical circumstances, the case against the diver who hit me was dismissed but his insurance had already paid out.

case closed?

Yes. In your case the insurance company accepted the driver's liability. I had a similar accident where the driver's insurance paid out and the police decided not to prosecute, though they did say the driver was 100% at fault. As pointed out above, civil liability does not depend on a decision to prosecute.
 

Garethgas

Senior Member
How do you know how the cyclist was riding?
What on earth do you mean?
I asked a very simple question, I even gave you three options and you still don't understand?
Everyone who reads this thread has seen the video, if you don't know how the cyclist was riding then you're not in any position to comment.
 

Garethgas

Senior Member
Sorry but I would go with the cyclist being to blame, the car had already made the turn and the cyclist essentially ran into the side of him, he should have waited.
Yes he did but that's simply because the car was trying to get across the junction right in front of the cyclist.
There is no if's or but's , the car driver is at fault.
My earlier point is simply that had the cyclist exercised more caution at a busy junction by simply slowing down, he may have been able to avoid the impact.
There are a few very self righteous on here that seem to think that it's all about right and wrong.
I disagree.
I think it's more important to anticipate any danger and adjust accordingly.
That's how I stay safe, not by ranting and getting irate and filming everyday incidents as if they were some sort of 'event'
Most of my cycling is far more incident free than my driving.
 

Garethgas

Senior Member
What do I mean? I mean that you do not see the cyclist before the collision, so you do not know where they are or how fast they are travelling. The only solid bit of information you have is that the cyclist is further back than the edge of the camera's field of view. Everything else is supposition.
I asked a simple question regarding what would you do if you were the cyclist.
It has nothing to do with supposition.
As it happens, the fact that the cyclist is not visible suggests he was going at a fair rate up to the impact.
The question I posed was clearly rhetorical yet you still failed to grasp the notion of slowing down approaching a junction, preferring instead to introduce a different point which has no bearing on what I asked.
 

Garethgas

Senior Member
Your question is unanswerable, all the time it is predicated on an assumption as to how the cyclist was riding.
Oh come off it Adrian, others got the message.
I'll spell it out for you...as a cyclist, my prime concern is my safety. I will do whatever it takes to keep out of harms way.
I'm not interested in ranting, filming, blaming others, I just want to keep safe.
If anyone thinks I'm wrong then that's fine but I'm fairly confident that there are a considerable number of readers/lurkers on here that don't post
much but would adopt a similar attitude.
 

400bhp

Guru
Oh come off it Adrian, others got the message.
I'll spell it out for you...as a cyclist, my prime concern is my safety. I will do whatever it takes to keep out of harms way.
I'm not interested in ranting, filming, blaming others, I just want to keep safe.
If anyone thinks I'm wrong then that's fine but I'm fairly confident that there are a considerable number of readers/lurkers on here that don't post
much but would adopt a similar attitude.

No you won't.
 

theclaud

Openly Marxist
Location
Swansea
I will do whatever it takes to keep out of harms way.

troy-bear.gif
 

Garethgas

Senior Member
Why on earth would anyone be offended by that posting?
There are no implications whatsoever. My words are still there for all to see.
Your lame attempt to undermine my view on cycling safely will be seen for what it is.
Anyone who's been involved in an accident will be constantly thinking of what they could have done to avoid it, running through their options
and decisions, especially when lying in bed late at night.
I have no intention of falling out with you over this (or any other) issue but I maintain that that incident could have been avoided by a more experienced cyclist who can read the road better.

I'm sorry but I really must get to bed now.
 

PK99

Legendary Member
Location
SW19
What do I mean? I mean that you do not see the cyclist before the collision, so you do not know where they are or how fast they are travelling. The only solid bit of information you have is that the cyclist is further back than the edge of the camera's field of view. Everything else is supposition.

You can make a reasonable guesstimate of or indicative Range for his speed from an estimate of the distance he travelled from the back of the mini to the collision point taking the timing from the video
 
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