"The driver told his insurance he "wasn't moving at impact"

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shouldbeinbed

Rollin' along
Location
Manchester way
A bike being ridden too fast for either the riders reactions or the mechanical ability of the bike and road to stop in time to avoid a collision. Shows poor judgement by the rider even before the toys fly out of the pram.

How different and more unanimously condemning of such action would the comments on here be if it was a reckless driver/motorcyclist approaching at speed towards a cyclist crossing a line of traffic and not being capable of stopping their vehicle in time, then hurling dog's abuse at the rider?

Driver at fault for pulling into a line of otherwise stationary traffic without adequately checking both ways, ok I'll have that, but with one element moving inappropriately fast for the conditions or his abilities, I think the driver can justifiably feel hard done by that his insurance company rolled over so easily (I imagine repeatedly saying sorry & I didn't see you, nailed it on for him)

just idly googling the Highway Code to see if there is something specific in there that would prompt a fast 100% culpability from the insurers, muddies the water even more for me.

https://www.gov.uk/general-rules-all-drivers-riders-103-to-158/overview (noting the advice is given to drivers, riders and cyclists) including : https://www.gov.uk/general-rules-all-drivers-riders-103-to-158/general-advice-144-to-158 - more of this is relevant to the poor riding and obnoxious attitude of the cyclist (e.g 146, 147 & part of 151) with the odd reference applicable to the driver in the vid (another part of 151)

and for good measure: https://www.gov.uk/rules-for-cyclists-59-to-82 (particularly with hot link from rule 67 to : https://www.gov.uk/using-the-road-159-to-203/overtaking-162-to-169 (particularly 167).

Whats done is done and on balance of interpretation of legality over common sense, the right result arrived at, but I'd be ashamed to publicise myself behaving like that and hope I never have to deal with such a hissy drama queen if I'm in the car. His bike deserves a better owner.
 

400bhp

Guru
Emerging from a side road through a line of stationary cars is just about the most dangerous thing a driver can do so everybody needs to keep their wits about them in that situation..

Oh, I can think of a multitude of worse things.
 

mustang1

Legendary Member
Location
London, UK
Are you for real:rolleyes:
It's quite funny the way I put that isn't it? :smile: very politician-like.

Well I don't understand why the cyclist didn't slow down at a junction.

Some years ago I witnessed a collision. In the left lane was a taxi driver and in the right lane, half car length ahead was a van. The van had to get in the left lane and the taxi driver didn't want the van to get in front. The van had it's left indicator on and was nudging closer to the taxi but the taxi driver was having none of it. Eventually the two vehicles made contact. The van driver was wrong but the taxi driver could have avoided it. In the end they both lost out.
 

mustang1

Legendary Member
Location
London, UK
The cyclist didn't cause the accident, the driver did, by pulling out without looking properly.
The cyclist could have avoided it, but they didn't cause it.
Im just gonna develop this a bit more so bare with me....
Suppose there are two airplanes, 10 miles apart, travelling at x knots, and in parallel in the same direction. The plane on the left then turns right slightly thus making a collision path with the other air plane. The plane that has changed direction has a radar that's not working. The plane that continues going straight has a fully functioning radar and can see it is on a collision course. The pilot has 5 minutes to change his course to avert a collision. But he doesn't want to and thinks "why the heck should I change course, its not my fault the other pilot changed direction". In addition, due to some air plane rules, the pilot going straight has the right of way.

In 5 minutes from now, they crash. An investigation follows. What would the conclusion be?
 

Booyaa

Veteran
Nope. I'd side with the party who isn't a proven liar.
Just for some semblance of balance. Where is the "verifiable report" you seem so keen to get from others that the driver lied? You mentioned this thread title as proof in an earlier post, not exactly great proof really is it?

Glad it all ended well for the cyclist, hopefully when he reaches adulthood he will grow out of having a strop in the middle of the road and the driver will learn how to drive properly and safely.
 

ChrisV

Formerly CC2014
Location
Falkirk
I'm not too sure about this due to inexperience on a bike.

However ... the driver checked, the road was clear, then an overtaking (is filtering a cycling term for what is technically overtaking?) bike going too fast collided with him. No?

If he had edged out and an overtaking car had hit him, is it still his fault?
 

ChrisV

Formerly CC2014
Location
Falkirk
[QUOTE 3475340, member: 45"]Rule 167 of the Highway Code: ‘Do not overtake where you might come into conflict with other road users. For example, approaching or at a road junction on either side of the road’.[/QUOTE]

So the cyclist was in the wrong?
 
The problem here is that the driver blatantly lied and that makes his defence invalid

i regularly use this dishonesty

If you get bad driving, report t to the Company, let the driver lie to their back teeth, then provide the video evidence

Works wonders as most managers find the fact that they are put in a difficult situation by their employee's dishonesty


A classic was a left hook at a junction

The driver stated that I had been "all over the road, had no lights and then tried to turn right without looking"

The reply showed two videos......

Clearly demonstrated a straight riding line, the van illuminated by red lights at the rear and the front lights showing the van's livery as it cut straight across my front wheel

The reply was an abject apology, and tha fact that the driver would no longer be employed bythe company - Result
 
The behaviour of this cyclist was appalling, I've been known to lose it when a driver does something stupid like this, but you could see it coming a hundred yards off, if they're past the line I just let them get on with it.
 

Lemond

Senior Member
Location
Sunny Suffolk
How was the driver supposed to see the cyclist overtaking the car that had stopped. He can't be expected to look in two directions at once, can he? To me the cyclist was equally responsible. Too fast, too reckless.
 
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