had a accident this morning :(

[SKILL]

What would you suggest the OP should have done differently?

As I don't know the exact details I'm not really sure, ultimately if I was in his position I would probably do the same/similar to the OP, but I'd also accept that if this did happen that it was partial blame.

I guess in a perfect world you'd wait for the lorry to go past and to a point where you can see down the road, bikes are generally clearly visible over cars.

But I'd imagine almost all drivers on the road would do what the OP did, some even worse in terms of not checking the way is clear, but that doesn't make it the bikers fault 100%.

 

[ubersonic]

I guess in a perfect world you'd wait for the lorry to go past and to a point where you can see down the road, bikes are generally clearly visible over cars.

But the whole reason traffic is stopped before the crossroads by the pedestrian crossing is so vehicles not going over the crossing like the OP can still use the crossroads.

As I don't know the exact details I'm not really sure

The short story here is that an impatient/cocky/whatever biker took a gamble and tried to leapfrog traffic queuing at a junction/traffic lights and it didn't pay off and now the OP is feeling the effect of that.

 

[Haggisman]

As I don't know the exact details I'm not really sure, ultimately if I was in his position I would probably do the same/similar to the OP, but I'd also accept that if this did happen that it was partial blame.

I guess in a perfect world you'd wait for the lorry to go past and to a point where you can see down the road, bikes are generally clearly visible over cars.

But I'd imagine almost all drivers on the road would do what the OP did, some even worse in terms of not checking the way is clear, but that doesn't make it the bikers fault 100%.

It seems that in your eyes the only thing the OP could have done to have no blame in the incident is to wait until there is no traffic on the road in any direction.

Unfortunately in the real world, depending on the time of day this can take hours, and I don't think it's reasonable for the OP to sit at the junction for that long.

If as the OP has stated, he emerged slowly and cautiously, then it's pretty obvious he's done nothing wrong, and the biker was either travelling too quickly or not paying enough attention to be able to stop in time.

 

[SKILL]

But the whole reason traffic is stopped before the crossroads by the pedestrian crossing is so vehicles not going over the crossing like the OP can still use the crossroads.


The short story here is that an impatient/cocky/whatever biker took a gamble and tried to leapfrog traffic queuing at a junction/traffic lights and it didn't pay off and now the OP is feeling the effect of that.

From the OP it appears the lights weren't red, eg traffic was flowing and the lorry was just 'being nice' by letting him out. Not that the way was blocked so they were leaving the junction clear.

If we believe one side of the story that does appear to be the case, if you take a more neutral view you can't put blame fully on either side, the OP is hardly going to come on here saying 'I was in a rush, pulled out too quickly and into the path of a bike' is he?

It seems that in your eyes the only thing the OP could have done to have no blame in the incident is to wait until there is no traffic on the road in any direction.

Unfortunately in the real world, depending on the time of day this can take hours, and I don't think it's reasonable for the OP to sit at the junction for that long.

If as the OP has stated, he emerged slowly and cautiously, then it's pretty obvious he's done nothing wrong, and the biker was either travelling too quickly or not paying enough attention to be able to stop in time.

That's mostly the bit I'm taking with a pinch of salt, which is exactly what the people actually deciding the blame would do as well, whether that's the insurance companies or the Judges if it went to court.

As I said, I would've gone as well, but when offered 50/50 for this accident I would've accepted it.

Just out of curiosity, if this wasn't just a normal biker but instead an emergency services vehicle (either car or bike, both of which could be obscured by the lorry), where would people place the blame then, still 100% on the vehicle that hit the OP?

 

[ubersonic]

Just out of curiosity, if this wasn't just a normal biker but instead an emergency services vehicle (either car or bike, both of which could be obscured by the lorry), where would people place the blame then, still 100% on the vehicle that hit the OP?

In that situation you would expect that the OP would have heard the siren, but its a bit different as the emergency services are allowed/supposed to do things like that when on route to an emergency wheras afaik bikers are not allowed/supposed to break three separate rules of the HWC just to save 10 seconds off a journey.

 

[Hades]

Sorry if I've missed it but what was the outcome at court?

 

[div0]

He took the offer of the awareness course instead.

http://forums.overclockers.co.uk/showpost.php?p=21521948&postcount=193

 

[Hades]

Ah thanks. I read that post before asking but mis-read it to be "Did you go to court"

 

[wijcc]

yeah i did the awareness course, i took the easy option.

With regards to my claiming on my insurance my excess is £310. If the liability is settled 50/50 i would get half my excess back.
I am presuming that I am going to have to use the insurance appointed repairer??

 

[mattyg]

Hang on was the motorbike overtaking on zig zags

Edit: thats already been said.

Can't see it anything other than the bikers fault. He caused an avoidable accident whilst commiting an offence

 

[Enfield]

'Suddenly' you saw a motorcyclist? The use of of this word speaks volumes.

Sounds to me like you just pulled out from the side road after being flashed by the lorry and the biker saw it coming and took evasive measures to avoid you.

Good to hear that you're OK though - how is your front bum now?

P.S. I've only skim read just your post so don't take offence to what I've said.

 

[wijcc]

update: received letter today stating - "The third party insurers have advised that they will agree to our proposal to split liability 80/20 in your favour. (third party 80% to blame)"