Pop Quiz: Priorities and assigning fault in an RTC

[Markymark]

Was it the cyclist for not wearing a helmet?

 

[glenn forger]

Thatcher.

 

[Markymark]

Immigrants.

 

[subaqua]

Flashing headlights don't mean anything. The emerging driver's at fault.

well it means the lights are flashing that is all, or in the highway code - I am Here. as per rule 110

err used to be 90 till they changed it - wow I still have an old HC paper copy

 

[winjim]

Please can you put us out of our misery?

Patience my dear boy, all in good time...

 

[mjr]

Emerging driver most at fault, but flashing driver shouldn't flash as a come-on and motorcyclist should be watching out for this sort of common nobbery, so everybody a bit.

 

[summerdays]

I went for all, emerging driver should check it's clear all directions, I was told that you shouldn't flash your lights to tell someone it is ok, and the motorcyclist if filtering needs to be aware that other drivers aren't necessarily expecting him/her to be there and so should only proceed cautiously especially as your view will be blocked by the traffic you are filtering past.

 

[deptfordmarmoset]

I'd say it was the emerging driver who was at fault but I have heard that the flasher may be considered to be at fault. But that's a highway code thing about the meaning of a flash. However, any imposition of the meaning of flashing to another road user needs to take into account usage, like that other system of signs, language. The meaning in everyday usage in just about every busy urban context is ''I'm letting you go first'' not ''You have priority'' or ''I'm here!!!'' So, I'll exonerate the flasher for not knowing what they might not have been able to know.

So, was it the motorcyclist to blame because he was not able to stop his/her vehicle in time?

 

[mr_cellophane]

I had a car pull out on me last week in a similar situation. The driver said it was my fault because she was waved out by a driver in the queue. The BC legal adviser couldn't help but laugh at that suggestion.

 

[theclaud]

I have heard that the flasher may be considered to be at fault.

Well, you can see how it might be distracting.

 

[mr_cellophane]

Episode 12 I think, Not on the C5 web site for another couple of weeks by the look of things.

 

[winjim]

OK. Like most people, I thought that it was definately the emerging driver who was at fault. As pointed out upthread, the responsibility is on the emerging driver to ensure that it is safe to pull out. I also think that the flashing is misleading and that the motorcyclist should be alert and vigilant but those are really side issues.

However... that was not the assessment of the officer present at the scene. His conclusion? Nobody is at fault.

Nobody.

Now forgive me if I'm paraphrasing, I'm trying to be objective and not put words into people's mouths, but I may not be able to remember exactly. What he said was:

I've just got back from talking to the motorcyclist (who was in the back of an ambulance) and he claims it's the driver's fault because he (the motorcyclist) had right of way, and he's technically right, but he (the driver) has got to pull out some time. It's just one of those things. No further action.
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@w00hoo_kent I think you called it right

Note OB's use of the phrase right of way. One for the pedants.

I'm not sure if the motorbike (it was actually a scooter) was filtering. According to the driver he came speeding down there... Similarly I don't recall if the driver was turning left or right. Might be worth noting they were both young lads so inexperienced.

So basically the lesson for us as cyclists is to be vigilant at junctions with minor roads, because he's got to pull out some time.

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[Markymark]

I've got it. It was the police's fault for being dicks.

 

[benb]

he (the driver) has got to pull out some time. It's just one of those things

Yes, and the time he has got to pull out is a time when it is safe to do so!
That copper was an idiot.

 

[hatler]

Dear god. That's pretty shabby.