How much fault?

[Kingy100]

I was knocked off by a car emerging from a left side turning through a line of traffic. He was unsighted, as he had to put his bonnet into my path in order to see to turn right - I was cycling along the centre line as the traffic was slow. Although I was aware of the turning, and the opening gap that the car came through, I couldn't swerve quickly enough to avoid him, clipping his bumper with my pedal.
I'm claiming off the driver, but the (experienced) solicitors acting for me via British Cycling say there will probably be a degree of 'contributary negligence' on my part, affecting any compensation for my broken shoulder.
How much am I at fault?

 

[Si_]

he was nosing out of the junction, you were traveling in a forward direction. one could argue that in failing to leave adequate clearance you were 50% at fault. Could have been a motorbike with the same scenario, in which case "you drove into him" But as ever what you, or a motorbike were actualy doing, though a common and familiar practice to many, isn't actually technically legal as i understand it.

(many a biker has been caught out doing this to "a line of stationary traffic" only to find a bloke turn right infront of him, thus bike hits drivers door. we are taught to be very aware of this and similar situation on the motorbike course)

 

[TheJDog]

On the bike safe course we were told a nice story about a motorcyclist being dragged 100 yards up the road doing this. Killed, of course. Driver didnt notice a thing.

 

[Kookas]

But as ever what you, or a motorbike were actualy doing, though a common and familiar practice to many, isn't actually technically legal as i understand it.

Are you talking about filtering? That's fully legal.

 

[Kingy100]

Are you talking about filtering? That's fully legal.

I had a one-to-one training session where the trainer explained filtering and it is also part of BC. Although as a driver, you mustn't overtake near a junction. In London, you wouldn't get very far on a bike if you filed in with the traffic at every junction!

 

[dodd82]

Is it filtering if the traffic is moving?

I ask genuinely - it's not a subject I am particularly familiar on.

As a driver, I see motorbikes and occasionally bicycles 'filtering' when traffic is moving at a constant 10-20mph, and I think it's dangerous, which is why I don't do it as a cyclist, but that doesn't mean to say it's not legal!

Wishing you a speedy recovery, kingy.

 

[Kingy100]

The traffic had been stationary at the time I was passing it, and the car 'blocking' the side turning moved off a moment before I got there. The driver of the car following then let my 'target' car (as I hit it! ) out of the side turning, but their car was so tall neither I nor the driver of my target car could see each other. As I said, I was aware and swerved, but he had stuck his bonnet out just a bit too far for me to be able to miss him - so near...

 

[Beebo]

If they allege any contributory negligence it will probably be between 10% - 25%. That is a best guess without knowing all the facts, dont hold me to it.

 

[ianrauk]

Where there any witnesses?
They are probably looking at it as your word against theirs.

When the copper knocked me off my bike last year, he put the blame solely on me. Luckily I had a witness who saw otherwise. If I hand't had a witness then the outcome of my case would have been very different.

 

[sidevalve]

"Filtering" is quite legal however the old "stop in the distance you can SEE to be clear" comes into play here. You must have realised that should anything be exiting the sideroad, which you admit you saw and it must pull out at least a little [again you admit as much in the OP] thus, for the circumstances, you were going a bit too fast. What if it had been a child running out, late for school perhaps, and taking a risk ? As a grown adult you must take responsibility for your own safety to some extent [although there are those who always try the "It's someone else's fault" line]. TBH if the car was emerging carefully then really the fault was, in these circumstances, almost entirely yours. Glad your OK and all that but, sorry to "burst the bubble" it was your fault.

 

[Kingy100]

I was doing about 10 MPH, not fast, and defo not reckless! Would the advice have been to 'undertake' on the left? Does this mean BC's filtering advice is misguided? Or should we cycle in the on-coming lane until traffic forces us to filter in?
I was trained in 'Cycling Proficiency' at school - keep to the left as is consistent with safety - and never had an accident before now. Only when I went against my ingrained instincts and followed recent advice do I now find myself damaged!

 

[Kingy100]

Sorry - forgot to reply. There were no witnesses, as the lady who came out of her house on the corner was probably only reacting to the kerfuffle on the road, rather than seeing the accident. I'll knock on her door tomorrow morning and ask. Haven't got round to it before now!

 

[ianrauk]

Sorry - forgot to reply. There were no witnesses, as the lady who came out of her house on the corner was probably only reacting to the kerfuffle on the road, rather than seeing the accident. I'll knock on her door tomorrow morning and ask. Haven't got round to it before now!

Indeed.. it may have a big impact on your case if she saw anything.

 

[The Horse's Mouth]

The case that always quoted on this sort of incident is Powell v Moody. Look it up on google.

 

[Rancid]

The case that always quoted on this sort of incident is Powell v Moody. Look it up on google.

it says that the blame was placed 80% on the cyclist and 20% on the driver.
i would sort of agree.
if your filtering down the outside of a line of traffic and some one has left any sort of gap trough which someone can pull out you have to assume that a car may well be pulling out.