More youtube ignorant comments

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Disgruntled Goat said:
So cyclists have to stop when they reach a line of traffic or else overtake? This is patently not the case in practice but it worries me that I can't find any ruling on the legality of cyclist's undertaking a queue of traffic and subsequently being hit by a left turning (but non indicating) driver.

Could this be an important case methinks?

Hi all
Not a lawyer or legal eagle, and might be stating the obvious!! but re undertaking a queue of traffic and subsequently being hit by a left turning (but non indicating) driver. – (guess this is what happened to you)
  • Driver should indicate if would be of use to other road users (this would include peds and cyclists) – sounds like it would have been of use to you as I guess you wouldn’t have chosen to filter past a left turning driver.
  • Drivers should check mirrors before changing speed or direction – if you suddenly trun left from stationary queue, I’d say that was changing both speed and direction, so should check in mirrors – therefore driver either didn’t check (possible) , checked, saw you and carried on any way (unlikely) or checked and you were in blind spot (possible) – either way, I’d say onus was on vehicle that moved off and changed direction to make sure it was safe to do so.
  • If there aren’t any specific rules regarding cyclists and filtering (wouldn't use word undertake), and again guessing the charge is for careless driving?? then up to the judge and or jury to decide if driving was "without due care and attention or without reasonable consideration for other persons using the road or place" … was the driving at a standard to be expected from a "competent and careful driver”… or something like that – don’t quote me on it!! - one factor could be road layout – If it was a wide lane and the flow of cars had stopped, as they usually do, towards the right of the lane, leaving a big gap on left between cars and kerb, (which again, I guess is likely as I doubt you would have been filtering on the left otherwise), then I, as a reasonably competent driver, would expect cyclists to be filtering on left, as is common practice, and would check for them, also, as a reasonable competent driver I’d use my mirrors and indicators before turning

At the end of the day though, the decision will probably be up to 12 motorists being directed by another motorist in a wig – I know it sounds strange, but, if you drive as well as cycle, I’d present myself to the court as a “motorist who that day happened to be on a bike” rather than as a cyclist – that way your evidence and road positioning etc may be taken a little more seriously than if you are just another “annoying, uninsured, red light jumping, chance taking, highway code ignoring lycra lout” or whatever else the defense try and paint cyclists as.

Good luck by the way!
 
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