No harm done but ...

[Bigtallfatbloke]

...whose fault would it have been had I been killed or something

...ok let me explain..

Out on the loop today in some narrow country lanes. I ride them every day and know them well. I am riding fast and approaching what i know to be a blind bend. The road is very narrow here (cars width max) and the tress over hang low here.

I slow down a bit as I approach the bend, as I turn the bend I am presented with a F****n big truck blocking the entire road from the other direction, the tree branches were bashing on his cab as he stamped on his breaks...I hit the brakes a swell and slid across the road ( I had been hugging the inside)...I was clipped in and only just managed to get one foot out in time as I skidded towards the truck and slid down under the front of it (which was now stationary). The bike is ok.

I picked myself up and as I passed the cab the driver had his window down...I said 'Nearly mate, nearly'...he laughed and said that he could nt have got out of my way.
he then pulled away nearly pinning me to a tree.

Ok no harm done.

But my view is that he was blocking my side of the road (his truck was way to big for such a narrow lane)...his view was clearly that he couldnt have moved over anyway so it wasnt his fault.

Had I been injured, technically whose fault would this have been? Mine or his?

 

[Soltydog]

I'm not sure & I'm sure someone will correct me if i'm wrong , but if he was stationary & the point of collision, then you would probably end up taking the blame
Sounds like you were quite lucky, could have been a far worse tale had either been travelling faster

 

[graham56]

Hazards of the countryside BTFB, aroud this neck of the woods its usually tractors you meet on the narrowest stretch of road. Main thing is you came away unscathed, could have been a lot worse.

 

[ComedyPilot]

Number one main thing.....is his truck ok?

 

[ComedyPilot]

Joke...Are you ok?

To answer your question, both at fault and neither at fault. He shouldn't have been on your side of the road. You should have been going at a speed that you could bring your bike to a stop in the distance you see to be clear..ie if you can't see round the 'blind bend' don't go steaming into it.

Main thing is you are here to be able to relate the incident to us all so we can learn from your experience and not make the same mistake ourselves.

(p.s. Is the truck ok?)

 

[Bigtallfatbloke]

... His truck is fine thankyou...he wasnt staionary because he was skidding towards me as he hit his breaks when he saw me and I heard the tree branches smashing into the side of his truck...it was one of those 'Sh%t I am going to die now' moments!

 

[marinyork]

The country code says (or used to say something along the lines of) that when driving along country lanes you should treat blind corners as if a cyclist was lying sprawled on the road. It's not legally binding like the highway code is but it's a very good point.

 

[buddha]

I read something yesterday (BBC News site, but can't find it now) about wide lorries/HGV's. Apparently, some council (can't remember that either is going to step up enforcement of these vehicles that shouldn't be on narrow country lanes/roads. Though I think this only applies to roads with signed width restrictions.

 

[Bigtallfatbloke]

The truck had to be wide to fit this driver in it, would that be a legit defense for him?

 

[marinyork]

I read something yesterday (BBC News site, but can't find it now) about wide lorries/HGV's. Apparently, some council (can't remember that either is going to step up enforcement of these vehicles that shouldn't be on narrow country lanes/roads. Though I think this only applies to roads with signed width restrictions.

Oh enforcement does go on. Ultimately what can you really do? There are a lot of restrictions out there as there are with other things such as no entry and one way .

 

[Willow]

It wouldn't have really mattered whose fault it was as you wouldn't be here to worry about it. Count it as a lucky near miss, and don't forget that moment when you get complacent as we all do on our two wheels. Glad you are ok.

 

[Mr Pig]

He shouldn't have been on your side of the road. You should have been going at a speed that you could bring your bike to a stop in the distance you see to be clear.

Well the second part is right. How can he 'not' be on your side of the road if his truck fills it? Many of the roads I ride are like that, trucks are the full width of the tarmac. It's up to both of you to travel slowly round bends so that you can stop in time should the road be occupied.

When you ride the same roads often without meeting anything on the bends you can develop a false sense of security and take less care. Imagining a tractor coming the other way is a big help!

 

[tdr1nka]

Ooooooooooooh M8!
I'd be asking the driver to pay my dry cleaning bill!

Chalk another up to Mr. Experience and never be home to the Complacency Fairy.

Well held btw.

 

[col]

If you knew it to be a narrow blind bend you should have slowed accordingly,so should he,but its no comfort who was in the wrong when your wrapped round a trucks wheel,so slow right down on blind narrow bends.

 

[Bigtallfatbloke]

It wouldn't have really mattered whose fault it was as you wouldn't be here to worry about it

..it would to my life assurance provider, my wife and my kid.

i think th ecrux of the issue I am trying to get at here is wheter or not a vehicles width can determine wether of not it is/was deemed to be on th ewrong side of the road. He was blocking the entire road in both directions, so was he on th eright side or the wrong side of the road legally? I believe he was on the wrong side of the road, he should not be driving a truck that wide on roads that do not have the width to support that kind of vehicle. I suspect however that in this car culture of ours the law will back the fat lard arse trucky and crucify the cyclist.

it was scary and I am lucky to be alive, or not seriously injured I feel. I just wanted to know how th elaw would treat such an incident had it been worse thats all.