Motorcycle hits car.

ANXIOUS · 13-09-2011 4:59pm #1

Right I have a "hypothetical" question for the good people on boards.

Im driving through the phoenix park headed towards castleknock, its quite heavy track max speed around 30k. I'm just gone past the roundabout at the aras. Im looking in my mirrors the whole time, all of a sudden a big gust of wind comes pushes the car slightly to the right and then all i hear is a big bang. It turns out that a motorcylce was trying to over take me on a continuous white line, at no time did I actually cross the white line or even touch it.

So if this happened in real life, who is responsible? Both vechicles are quite badly scrapped.

I would be quite shock up if this really happened, if this did happen could i claim for counselling?

challengemaster · 13-09-2011 5:03pm

Person overtaking is usually the one at fault, esp. if there's a continuous white line

MugMugs · 13-09-2011 5:03pm

You're obviously not but Judges sympathise with seriously injured people.

ANXIOUS · 13-09-2011 5:04pm

challengemaster wrote: »

Person overtaking is usually the one at fault, esp. if there's a continuous white line

Thats exactly what i thought. It really annoys me seeing people on motorbikes, just think they can overtake anywhere anytime.

ANXIOUS · 13-09-2011 5:05pm

MugMugs wrote: »

You're obviously not but Judges sympathise with seriously injured people.

I know thankful, this story has a happy ending. Im not physically hurt anyway.

Alkers · 13-09-2011 5:09pm

If it's a single white line then the biker is in the wrong. If it's not then I can't see it going your way. It would also want to be a substantial gust to make you swerve that far out when only doing 30km/hr so I can't see it happening as you described.

ANXIOUS · 13-09-2011 5:11pm

Simona1986 wrote: »

If it's a single white line then the biker is in the wrong. If it's not then I can't see it going your way. It would also want to be a substantial gust to make you swerve that far out when only doing 30km/hr so I can't see it happening as you described.

The whole main road is a solid white line. Im not sure me moving has anything to do with it to be honest. Im entiltled to use my line.

MugMugs · 13-09-2011 5:22pm

ANXIOUS wrote: »

MugMugs wrote: »

You're obviously not but Judges sympathise with seriously injured people.

I know thankful, this story has a happy ending. Im not physically hurt anyway.

Biker would be.

Generally I "bite the kerb" when theirs a bike behind me.

spiggotpaddy · 13-09-2011 5:26pm

ANXIOUS wrote: »

Right I have a "hypothetical" question for the good people on boards.

Im driving through the phoenix park headed towards castleknock, its quite heavy track max speed around 30k. I'm just gone past the roundabout at the aras. Im looking in my mirrors the whole time, all of a sudden a big gust of wind comes pushes the car slightly to the right and then all i hear is a big bang. It turns out that a motorcylce was trying to over take me on a continuous white line, at no time did I actually cross the white line or even touch it.

So if this happened in real life, who is responsible? Both vechicles are quite badly scrapped.

I would be quite shock up if this really happened, if this did happen could i claim for counselling?

don't wait. go and get that counselling straight away, and keep taking the meds. and remember, there watching!

ANXIOUS · 13-09-2011 5:29pm

MugMugs wrote: »

Biker would be.

Generally I "bite the kerb" when theirs a bike behind me.

Same as but with the pot holes, cars parked anywhere and today the breeze in the park i drove slightly more central.

ANXIOUS · 13-09-2011 5:33pm

spiggotpaddy wrote: »

don't wait. go and get that counselling straight away, and keep taking the meds. and remember, there watching!

You know what i actually am starting to feel quite anxious

Cuddlesworth · 13-09-2011 6:06pm

Its quite possible for a bike to legally overtake without crossing the white line on a large portion of our single carriageways. Even at that, you hit the bike. It doesn't matter if what he was doing was illegal, you hit him.

Precedent was set in the high court quite a few years back when a car driver pulled out into a motorbike in a bus lane and hit him side on like you described. The insurance company claimed he was driving illegally in the bus lane and as such should not have to pay up. The judge ruled that regardless the car driver should have been observant and checked his mirrors for the bike. The accident was ruled in favor of the bike driver.

While circumstances are not the exact same, you lost control of your vehicle and hit another in this scenario. So the blame should lie with the you.

ANXIOUS · 13-09-2011 6:11pm

Cuddlesworth wrote: »

Its quite possible for a bike to legally overtake without crossing the white line on a large portion of our single carriageways. Even at that, you hit the bike. It doesn't matter if what he was doing was illegal, you hit him.

Precedent was set in the high court quite a few years back when a car driver pulled out into a motorbike in a bus lane and hit him side on like you described. The insurance company claimed he was driving illegally in the bus lane and as such should not have to pay up. The judge ruled that regardless the car driver should have been observant and checked his mirrors for the bike. The accident was ruled in favor of the bike driver.

While circumstances are not the exact same, you lost control of your vehicle and hit another in this scenario. So the blame should lie with the you.

Not sure i agree with you, im pretty sure its illegal to over take someone on a single lane. Who lost control of there car? I stayed in between the lines.

garclo · 13-09-2011 7:03pm

my guess is it's the bikers fault for overtaking on a continuous white line but if the wind managed to push your car a few feet, surely it blew the biker into marys front gates.:D

TouchingVirus · 13-09-2011 7:10pm

Regardless of the continuous/broken white line argument since the biker didn't cross it, are you not entitled to use your full lane width? I'm going to go with the biker being at fault on this one, he clearly didn't give you enough room when overtaking.

spiggotpaddy · 13-09-2011 8:06pm

TouchingVirus wrote: »

Regardless of the continuous/broken white line argument since the biker didn't cross it, are you not entitled to use your full lane width? I'm going to go with the biker being at fault on this one, he clearly didn't give you enough room when overtaking.

'kin twilight zone here,
he clearly did'nt leave room? its all just make believe remember. so the op could claim for a counselor.

biko · 13-09-2011 8:11pm

ANXIOUS wrote: »

could i claim for counselling?

Don't know, have you tried yet - hypothetically?

OT, I'd say it's a 50/50 deal.

slimjimmc · 13-09-2011 8:21pm

ANXIOUS wrote: »

Not sure i agree with you, im pretty sure its illegal to over take someone on a single lane. Who lost control of there car? I stayed in between the lines.

No, road traffic law merely says you must not cross a solid line, it does not bar you from overtaking within the lane if safe to do so. You lost control (though no fault of your own to be fair) because you couldn't keep the car on the same trajectory as before and entered the path of another vehicle that was beside you. One of the fundamental rules of driving is to avoid entering the path of another vehicle if it could lead to a collision.

However, given the gusty conditions the biker should have re-considered the amount of room he should have given the car and perhaps not made his overtaking move, 50/50 imo.

P.C. · 13-09-2011 8:26pm

biko wrote: »

I'd say it's a 50/50 deal.

I'd say you could be correct.

The difficult part would be trying to convince the judge that you did not swerve to the right to deliberately 'take out' the motorbike.

Amateurish · 13-09-2011 8:28pm

If this happened for real how is the biker? must have been some gust of wind to blow a car off course but not the bike.

Pique · 13-09-2011 9:24pm

I think the OP has the title mixed up. Sounds to me like the poor little lamb hit the biker, not the other way round.
He is so traumatised by this that he needs counselling.
Sheesh, some people.

seanybiker · 13-09-2011 9:32pm

So hypotheticaly all you want to know is how much money you could possibly claim for?
Are you hoping It's going to be windy tomorrow or something?

My opinion is 50/50

Agent_47 · 13-09-2011 9:48pm

Garlco and P.C have my points, I went through there on my bike 1 hour previous. Wind was not that bad but I always give girth and size up the vehicle first the driver 2nd and 3rd and equate a safety Margin.
Micra's are tops, you can guess the second and third.
Road from last roundabout to Castleknock gate is pure ****e, all broken up so have to stay wide, but have to say there are some very slow drivers through the park, no doubt admiring the scenery!

At least no one was injured and all will live to fight another day in Dublin traffic.

Lets be careful out there.

Paparazzo · 13-09-2011 9:57pm

I'd say OP is more to blame. The biker didn't leave enough room, but at 30kph you really shouldn't be swerving your car enough to cause both vehicles to be severely scraped. You are the one that drove into him.
And seriously, counselling? Claiming for stuff like that is one of the reasons insurance in ireland is so expensive. If the biker was knocked off he should be the one claiming that.

Motorcycle hits car.

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