Crash - who is at fault?

[Adam Riding]

"286
If you are involved in a collision which causes damage or injury to any other person, vehicle, animal or property, you MUST

• stop
• give your own and the vehicle owner’s name and address, and the registration number of the vehicle, to anyone having reasonable grounds for requiring them
• if you do not give your name and address at the time of the collision, report it to the police as soon as reasonably practicable, and in any case within 24 hours

[Law RTA 1988 sect 170]"

That is interesting as I came to two junctions where accidents happen all the time because the lights are confusing, unfortunalty the first time I encounterd them was on my bike and I got knocked off damaging my peddals etc and cutting my legs up. The woman saw it was my fault and that I got up but she did not stop! If anything I thought she was plain RUDE but was in such shock for having just rolled over a car I just wanted to sit down for a bit. I take satisfaction in that I was 1) wearing a helmet!!!! and 2) The front of her car was worse off than my cheap bike.

 

[hanvyj]

Well, thanks for all the replies! Does anyone have any thoughts on the road markings?

 

[Bicycle]

Technically the car who pulled out is to blame, but the driver who flashed is also at fault. Flashing lights actually means "I'm here", but most see it as an invitation to make a manoevre like that. The driver who flashed should have checked his mirrors before doing so, and as Brandane mentioned, the driver pulling out should have checked the lane before pulling out.


Though you're not at fault, one of the best things to do to avoid that situation is to cycle up the offside (the right hand side in the UK). This means that you're less likely to be in danger, in any of the cases:
Driver pulls out of sideroad to turn left (You avoid him completely)
Driver turns right from the main road (He can see you travelling up the outside of the lane)
Driver pulls out of the sideroad to turn right (There's more chance to stop if you see him)
Driver suddenly decides to turn left into the sideroad/performs a left hook.

If there's oncoming traffic just sit behind a car until the other carriageway is clear. It'll take longer but it's a great deal safer.

 

[Sh4rkyBloke]

Well, thanks for all the replies! Does anyone have any thoughts on the road markings?

Do you have a streetview link we can look at? From your diagram I'd say it was a one-way street that leads *onto* the main road you were on and so anyone turning *into* it would be breaking the law on that count too.

 

[hanvyj]

Do you have a streetview link we can look at? From your diagram I'd say it was a one-way street that leads *onto* the main road you were on and so anyone turning *into* it would be breaking the law on that count too.

Sorry for the late reply - I can't go on streetview at work.

http://maps.google.co.uk/?ie=UTF8&l...=JKDJLE2D32qQqF0gKKMOAQ&cbp=12,67.04,,0,17.95

The sign indicates its a one way entrance, the road that its a one way exit (to me) and considering the sign is invisible for someone traveling along the cycle path...

 

[benb]

Those markings are rather confusing.

Using the cycle lane should be fine if you still want to, as long as you take care whenever there is a junction.
I tend to prefer going up the right, but may move over to the left on narrow sections - depends on the road.

The flashing lights thing is a pain. It has its place (i.e. when parked cars make the road single lane, I think it's acceptable to flash the other car if you are stopping to let them come through), but people should never assume that means it's safe to proceed.

And the fact that the driver is not providing you with full details is worrying. Uninsured possibly? What condition is the bike in? Make sure you document all injuries, with photos if possible, and go to your GP if any pain persists for more than a couple of days.

 

[HLaB]

Somebody has mucked up in those markings I think, check out Figure 17-1 (p104) of the UK traffic signs manual it shows the double dash as an exit but the sharks teeth point the direction of travel and the actual signage are in contradiction to this. I'm guessing that it was one way the other way but the council have decided it'd be better the other way and have never got round to correcting the markings.

 

[supercooper]

If you go by the letter of the law , Then if I flash my lights at you it is not an invite for you to go first or whatever but actually if I flash you then I am just letting you know that I am here . So the car that turned right should not have gone . You was right ,He was wrong , Simples!!!!

 

[Over The Hill]

Hope it does not put you off! I agree you were 100% in the right.

My only comment would be that following a few very close calls I tend to cycle expecting the worst and acting accordingly. This may be slowing down at junctions to be able to deal with the unexpected (not that it would have helped in your case) to just assuming every stationary car's door will open.