Who's At Fault ?

[Scott_F]

I was sitting in a long queue of traffic recently on a dual carriageway leading to a roundabout.

I was in lane one and still some way short of the roundabout when a motorcycle passed on my offside riding right along the broken white line that separates the two lanes. After he had passed me, a Ford Focus about 50 metres ahead in lane two spotted a gap that he liked the look of in lane one and darted across. I don't know if he indicated but he collided with the motorcycle which was passing on his nearside and still riding along the white line and barged him into the gap in lane one.

I assumed that the motorcyclist had been knocked over but as I passed they were talking on the grass verge by the side of the road and he had obviously managed to stay upright. Judging by the way he was rubbing his right shoulder I think that had taken the brunt of the collision and there would probably have been little if any damage to either vehicle so things could have been a lot worse.

As I went on my way I couldn't help wondering who was at fault. Even if the Focus driver did indicate he obviously didn't check his nearside properly before changing lanes. The motorcyclist was neither overtaking on the outside of lane one or undertaking on the inside of lane two and was riding along the broken white line for some distance. I'm really not sure where "filtering" ends and undertaking begins.

 

[markmifsud]

Mirror Signal Maneuver, the Focus driver clearly did not pay attention to traffic approaching from behind.

 

[bob6600]

Mirror Signal Maneuver, the Focus driver clearly did not pay attention to traffic approaching from behind.

Correct, but he/she could argue the bike was not in any particular lane.

Was he overtaking lane 1 or undertaking lane 2?

 

[markmifsud]

Correct, but he/she could argue the bike was not in any particular lane.

Was he overtaking lane 1 or undertaking lane 2?

Not sure it matters what lane he was in, the focus driver pulled into the path of the bike. Assuming the Impact damage on the focus shows side damage and not rear end

 

[renault12ts]

The Focus is at fault...but I do think motorcyclists take their lives in their hands when doing this.

 

[Stratman]

Whether or not the motorcyclist should have been where he was, the fact is he was there and the Focus driver drove into him.

 

[def90cars]

Whether or not the motorcyclist should have been where he was, the fact is he was there and the Focus driver drove into him.

Perfectly legal to do this despite the best efforts of ignorant car drivers.
Also legal to pull to the front at lights and pedestrian crossings!!!

 

[markjay]

Some years ago I was driving on the Rome orbital (Grande Raccordo Anulare), not dissimilar to London's M25. During rush hour there's dense traffic moving fast and cars routinely taking the exit. I witnessed the aftermath of a fatal crash, apparently a biker was making progress on the hard ahoujder at some speed when a van decided to take the exit.... the bike was wedged in the rear of the van, and the biker's body was behind it covered in a blanket. Very sad and very preventable.

 

[Meldrew2]

The Focus is at fault...but I do think motorcyclists take their lives in their hands when doing this.

The motorcyclist should be aware that his approach will be unexpected by many drivers. Defensive driving means that he should be looking out for this like a hawk, covering his brakes and proceeding at a speed allowing him to avoid a collision. The fact that the motorcyclist remained upright implies that he was proceeding with some (but maybe not quite enough) caution so hopefully no injuries ensued.

Either driver could, with care, have avoided the collision - but that's no help in apportioning blame.

 

[Clivefa]

There is no offence of undertaking.

 

[bob6600]

I do agree the Focus is at fault, I'm just thinking of the counter-argument from the car driver.

 

[mattc43]

I agree, car at fault. I have too thought about this sitting in traffic on the motorway of an evening.

Speed of approach of the motorcycle has to be taken into account though. I have no problem with motorbikes making progress, if they are mad enough to ride on UK rush hour roads they should get some benefit! But when they do c50-60mph (and more) up the centre of basically stationary traffic then all rights are waived i'm afraid.

 

[markjay]

A plumber working at our flat was late the other day, saying that he got in trouble with the police for opening the driver's door after parking-up, and hitting a passing cyclist in the process. There is a marked cycling lane right next to the parking bays... and some cyclists pass very fast (and silently). Police told him it was his fault as he should have checked his mirrors and exercised better observation before swinging open the car's door. I suppose the same logic would apply in this case as well.

 

[Dave.tam]

Also legal to pull to the front at lights and pedestrian crossings!!!

However, they're not to use the box at the front of the lights, as this is for cyclists only.

 

[Scott_F]

In the event of a claim I wonder how the respective insurance companies would view things.

The Focus driver would certainly have to accept some responsibility due to his lack of observation but with suitable evidence (dashcam footage from a vehicle behind etc.) could the motorcyclist end up sharing responsibility due to his poor judgement regarding his postion on the road ?

 

[markmifsud]

However, they're not to use the box at the front of the lights, as this is for cyclists only.

only if its a solid white line box

 

[renault12ts]

Filtering by motor bikes should be banned...it's too dangerous.

It doesn't matter a jot who's in the right if you, the motorcyclist, are dead.

 

[markmifsud]

Filtering by motor bikes should be banned...it's too dangerous.

It doesn't matter a jot who's in the right if you, the motorcyclist, are dead.

Dangerous? YES, banned? not sure its even possible. What about Cyclists?

 

[brucemillar]

It would look good on the Bikers Headstone. "Here he lies RIP. The Focus Driver was in the wrong !!"

 

[st13phil]

Filtering by motor bikes should be banned...it's too dangerous.

Lots of things in life are dangerous. I'm fully conversant with the potential consequences of riding a motorcycle, and I'll make my own assessment as to whether to filter or not when I'm on two wheels, thank you.