Hitting a pedestrian

[glasgowcyclist]

The driver is legally responsible for checking that it is safe for the vehicle's door to be opened. The wise cyclist puts them self out of reach.
The pedestrian is responsible for looking before crossing. The wise cyclist reads the warning signs, covers the brake, and moves out to give a bit more space.

Is the doored cyclist to blame for his own injuries or damage?


GC

 

[KneesUp]

Is the doored cyclist to blame for his own injuries or damage?


GC

@User appears to be making that argument.

 

[KneesUp]

[QUOTE 3162624, member: 45"]No I'm not. If only you'd read what was being said.

You can choose to avoid door zones. You can choose how fast you run into a pedestrian.[/QUOTE]
I can choose to avoid them. If I don't choose to avoid them, is it my fault if I get 'doored'?

 

[KneesUp]

[QUOTE 3162671, member: 45"]If you can choose to avoid them then why are you considering the consequences of not avoiding them?[/QUOTE]

Answer the question.

 

[KneesUp]

[QUOTE 3162676, member: 45"]Again, you're trying to defer. You've tried to defer to other people, now you're trying to defer to an position which you would (hopefully) not choose to be in.[/QUOTE]
Without wishing to be all Jeremy Paxman, that doesn't answer the question.

If, as a cyclist you are 'doored', is it your fault? Answer "yes, always", "no, never" or "it depends"

 

[KneesUp]

For goodness sake, have a word with yourself.

I'm just trying to establish what's going on. It seems that if I hit a pedestrian on my bike it's always my fault because I should be able to stop - but that same argument implies that it is also my fault if I hit a car door.

My point is that you can't have a blanket rule about it always being the fault of one party, and it's ridiculous to try and impose one.

 

[KneesUp]

[QUOTE 3162700, member: 45"]Have I said it's always your fault? Or have I said that you choose the speed at which you run into pedestrians?[/QUOTE]

So, let's assume I have a speed on 10m/s and the pedestrian a speed of 5m/s

There is a collision because the pedestrian unexpectedly, illogically and without warning stepped out in front on my bike.

You are arguing that I "chose" to hit the pedestrian at 10m/s.

Now let's put the pedestrian in a car. I'm still cycling past as 10m/s

There is a collision because the person in the car unexpectedly, illogically and without warning opened their car door in front of my bike.

Are you arguing that I "chose" to hit the car door at 10m/s?

 

[glasgowcyclist]

As I said, the driver of the car is responsible (see 106 Road Vehicles (Construction & Use) Regs 1986. The wise cyclist looks to avoid it happening.

I'm not used to seeing such wordy posts from you. Can I sum that up as 'no'?

GC

 

[Nigel-YZ1]

But the door may have opened due to the impact of the piano falling on the car

 

[glasgowcyclist]

[QUOTE 3162697, member: 45"]I'm not going to get doored, so don't need to consider the question. Why are you asking?[/QUOTE]


I suppose he's asking because it's a very common cause of injury to cyclists.

Between 2009-2011, 1,587 cyclists were injured as a result of vehicle doors opening into their path, 224 of them seriously - a further two cyclists were killed.

So, while you might never ride in a door zone, it's a wholly pertinent question that reflects the real world and is a valid comparison with a pedestrian suddenly entering the path of a vehicle.

GC

 

[GrumpyGregry]

[QUOTE 3162238, member: 45"]..and it's on the driver to check that there's nothing in front of them. They're not allowed to run people over.[/QUOTE]
The courts don't really seem to mind thobut.

 

[GrumpyGregry]

[QUOTE 3162448, member: 45"]You're responsible for an ongoing assessment of what's an appropriate speed. In a bus lane you can easily ride far enough from the kerb that you'd miss anyone who falls into the road.[/QUOTE]
What of a very very tall person like the Slender Man? He could block a bus lane. Were he not a myth.

Doh!

 

[GrumpyGregry]

Is the doored cyclist to blame for his own injuries or damage?


GC

Is the doored cyclist responsible for their riding in the door zone, or does a higher power force them to do it?

 

[GrumpyGregry]

Without wishing to be all Jeremy Paxman, that doesn't answer the question.

If, as a cyclist you are 'doored', is it your fault? Answer "yes, always", "no, never" or "it depends"

Fault and Blame =/= Responsible

 

[glasgowcyclist]

Is the doored cyclist responsible for their riding in the door zone, or does a higher power force them to do it?

Is that a yes, a no, it depends, or don't know answer to my question?

GC