Near Accident

jackob1

Hello all,

driving into work today and I was sitting at a set of traffic lights waiting to turn right. to paint the picture, there are two lanes either side of the road, one straight and one right on my side and then oncoming traffic have two (1 for normal traffic and one for buses).

Traffic lane was standstill and the light was green for me to go if safe to do so. A van sitting in the oncoming lane signaled for me to go so I edged across at 10kmph as I had little vision of the bus lane and then just as I could see the bus lane, a moped comes flying by (well above the speed limit, guess would be 70/80) Thankfully had time to hit the brake and avoid what would have been a horrific accident.

I couldnt help but think after, that I would be at blame for all of this even though he was well above the speed limit (guessing it could be proved from trajectory of person and bike skid marks if it came to it)

Has anyone ever experienced something like this?

Del2005

You would be at fault for entering a lane with out checking and if you had hit the bike then the van driver who called you across is also partially responsible, I know too many bikers hit this way.

The bikes speed would be considered but only slightly reduces your liability

Stanford

Del2005 wrote: »

You would be at fault for entering a lane with out checking and if you had hit the bike then the van driver who called you across is also partially responsible, I know too many bikers hit this way.

The bikes speed would be considered but only slightly reduces your liability

IMO the van driver would have no responsibility as he has no power to direct traffic, it is for OP to ensure the way is clear

jackob1

Ye I presumed I would be at fault. I wouldnt have even considered fault on the vans behalf. I waved to apologize to the biker but I am sure he was shaken from it all and was in no state to accept an apology. Thankfully no accident occured. Hope hes alright now

Stanford

jackob1 wrote: »

Ye I presumed I would be at fault. I wouldnt have even considered fault on the vans behalf. I waved to apologize to the biker but I am sure he was shaken from it all and was in no state to accept an apology. Thankfully no accident occured. Hope hes alright now

Don't worry about him...hopefully he has learned his lesson

ED E

This issue occurs regularly at Leonards Corner onto SCR. If you cant see wait for the filter - let impatient gits behind you beep.

Del2005

Stanford wrote: »

IMO the van driver would have no responsibility as he has no power to direct traffic, it is for OP to ensure the way is clear

If you signal a car or anything else you are responsible for the outcome. As I said I know too many bikers taken out this way.

Stanford wrote: »

Don't worry about him...hopefully he has learned his lesson

The person travelling in their own lane needs to learn a lesson:eek: Yep, never trust a muppet in a car not to pull across you.

McCrack

Signals by other drivers mean nothing when determining liability.

For example if a driver was indicating to turn left and another driver pulled out on the assumption the person was turning left and they didn't and a collision occurred its no defence partial or otherwise to say well his indicator was on.

So the lesson OP is always be aware of the possibility of cyclists and motorbikes when crossing or pulling out from junctions and dont ever blindly proceed

Del2005

McCrack wrote: »

Signals by other drivers mean nothing when determining liability.

For example if a driver was indicating to turn left and another driver pulled out on the assumption the person was turning left and they didn't and a collision occurred its no defence partial or otherwise to say well his indicator was on.

So the lesson OP is always be aware of the possibility of cyclists and motorbikes when crossing or pulling out from junctions and dont ever blindly proceed

The driver in the van signaled for the OP to cross the junction, if the OP had hit the bike the van driver would have been partially liable.

Huntline

The van driver would in no way be liable, partly to blame yes but not liable at all.

Accidentally

Del2005 wrote: »

McCrack wrote: »

Signals by other drivers mean nothing when determining liability.

For example if a driver was indicating to turn left and another driver pulled out on the assumption the person was turning left and they didn't and a collision occurred its no defence partial or otherwise to say well his indicator was on.

So the lesson OP is always be aware of the possibility of cyclists and motorbikes when crossing or pulling out from junctions and dont ever blindly proceed

The driver in the van signaled for the OP to cross the junction, if the OP had hit the bike the van driver would have been partially liable.

I know someone that hit a bike in exactly this scenario(biker was okay). Driver is fully liable. Van driver takes none of the liability.

Del2005

Accidentally wrote: »

I know someone that hit a bike in exactly this scenario(biker was okay). Driver is fully liable. Van driver takes none of the liability.

I know people who had different results.

sullivlo

Stanford wrote: »

Don't worry about him...hopefully he has learned his lesson

:rolleyes:

I was the commuter who “learned the lesson” last year when I was in a very similar situation. I had the right of way and a car pulled across my path. Unfortunately I was cycling at the time and ended up going through the window of the car, through no fault of my own as I had a green light, yet the driver tried to say that I was at fault. So I “learned my lesson”.

Your attitude stinks.

OP: chalk it down to experience. Be thankful nothing serious happened, and make sure to be more careful in the future.

Huntline

Del2005 wrote: »

I know people who had different results.

That's impossible. The van driver here did nothing wrong in the eyes of the law . It's up to the driver making the turn to ensure it is safe to do so. The people you know are obviously telling you lies.

Del2005

Huntline wrote: »

That's impossible. The van driver here did nothing wrong in the eyes of the law . It's up to the driver making the turn to ensure it is safe to do so. The people you know are obviously telling you lies.

They called a vehicle into a lane that wasn't clear so they are partly responsible.

Ask a driving instructor or insurance broker if you should signal a road user to cross a lane or leave a gap and let them decide.

McCrack

Del2005 wrote: »

They called a vehicle into a lane that wasn't clear so they are partly responsible.

Ask a driving instructor or insurance broker if you should signal a road user to cross a lane or leave a gap and let them decide.

If personal injury proceedings issue that other driver that signalled will not be named as a defendant nor joined as a third party

Del2005

McCrack wrote: »

If personal injury proceedings issue that other driver that signalled will not be named as a defendant nor joined as a third party

They have been and have been held partially responsible.

The simple fact is that the OP wouldn't have nearly T-boned a motorbike if the van hadn't called them across. So of course they will be partially responsible.

ED E

"So of course" and what the law says are two very different things.

Cordell

So the motorbike which may have been guilty of driving without due care and consideration (flying through a busy junction with one lane packed) will not be liable, but the van driver which did nothing but shown consideration for other drivers will be? I don't think so.

Chris_5339762

So what happens if its a similar situation? You're turning right across two lanes of traffic, a lane and a bus lane, without any traffic lights to help you. You ease across and a car flies down the bus lane and hits you. You had no choice but to ease across as there is no other way to do it.

See https://goo.gl/maps/oBqrDbLRozj . And those are pedestrian lights.

Del2005

McCrack wrote: »

If personal injury proceedings issue that other driver that signalled will not be named as a defendant nor joined as a third party

How do you know that? Do you know many people who were involved in crashes where a 3rd party signaled the driver across a lane of traffic?

Cordell wrote: »

So the motorbike which may have been guilty of driving without due care and consideration (flying through a busy junction with one lane packed) will not be liable, but the van driver which did nothing but shown consideration for other drivers will be? I don't think so.

It's easy to show consideration for others and not signal, leave a gap and they look after themselves.

McCrack

@ Dell2005 I am a practising litigation solicitor

lawred2

Del2005 wrote: »

The driver in the van signaled for the OP to cross the junction, if the OP had hit the bike the van driver would have been partially liable.

doubt it

morally maybe but not legally

Del2005

McCrack wrote: »

@ Dell2005 I am a practising litigation solicitor

Must have changed then.