glojo
Hardcore MB Enthusiast
Just re-read the van driver's statement and in that it states the hazard lights were on. Who knows if there was a suitable side road to reverse into? Street lighting! What street lighting? As I have repeatedly stated this is the back of beyond in the wilds of the Dorset countryside where they had just past a small village. Could the van diver have driven further away? Of course he could. Was there a better option nearby?? Who knows, but let us suggest he drove further down this road, there would then no longer be this unofficial lay-by. He would stop on his nearside completely blocking half of the highway and would the motorcyclist have driven straight into the rear of his van? As the van started to reverse to go into an alleged non existent side road, would the motorcyclist have ridden straight into the side of the van as it was reversing back into this alleged side road?2. The van driver could have mad himself more visible to other road users by the use of hazard lights (as mentioned above) or by performing his manoeuvre in a safer manner such as in a side turning or in a lit section of road.
How you divvy up the burdon of responsibility I don't know. It sounds like a very unfortunate incident for all concerned.
I take on-board all your very constructive points and who knows what might have happened? Who knows what was a few miles in front of this van? The only thing we do know is there was NO street lighting, the interviewing police officer certainly did NOT suggest reversing BACK to-wards the village and he certainly did NOT mention any alleged nearby street lighting. He did however ask why the driver never drove further along the road in an attempt to find a different location.
The incident happened at about 5-30pm in the wilds of Dorset, it was the last drop-off, the van driver lives in Exeter which is in Devon, I doubt he would want to drive further away from his base? So having parked in the lay-by to get directions, the driver assessed the road was wide enough, the view of the road in both directions was safe for this specific manoeuvre.
There is no doubt that something went wrong and the injuries of the motorcyclist were not very nice at all. Making a three point turn is always going to block the highway, making a three point turn on an unlit road in the dark, in poor conditions is not ever going to be my own first option, but if the driver deems it the appropriate decision then they must accept the consequences of their actions. BUT.... Does that responsibility include allowing for someone to ride in the manner described by the motorcyclist in his own statement? Namely riding with their view impaired and travelling at a speed they cannot stop in the distance they can see to be safe? If there had been coned off roadworks with the necessary lighting, would this rider now be suing the local authority because he thought the roadworks were a push-bike? Remember for the next 25 minutes until the Police arrived there were numerous vehicles that had to stop because of this incident and if the location had been unsuitable, or dangerous,then would there have been further collisions?
I really appreciate all the points being put forward and thanks to everyone who has voted.
Regards
John