had a accident this morning :(

here is a picture of the roadlayout, the lorry stopped before the traffic light. to allow to pull out into his lane

[IG]http://77.89.128.168/roadlayout.jpg[/IMG]

What I'm saying is that if the white car is the lorry, the 4x4 is you can you prove to me that there wasn't a silver car at the lights? if not then you can't prove he broke rule 191 of the highway code, I have no idea if that's the case but ultimately if you can't prove it you can't use it...


matthab said:
Bikers at fault, he was overtaking and on the wrong side of the road.

Filtering, perfectly legal but an at-risk manoeuvre, much like pulling out of a give-way without knowing it's clear, hence 50/50...
 
A difficult one as clearly you were edging out and the motorcycle was filtering at an inappropriate speed (one which did not allow him to stop in time).

Like Skill, I think a 50:50 is likely but I highly doubt you would be found at blame, especially if the witness vehicle was the closest vehicle to the crossing, in which case the motorcycle broke the law, and you should be fine.
 
my mother works for a motorbike school, an if the biker was on the wrong side of the road they are at fault, just asked her then on the phone lol

Yeah I think at that point it becomes overtaking rather than filtering, and he hit a vehicle head on so could well be at fault, almost certainly gonna require a fight.
 
I thought overtaking is not permitted across the diagonal/zigzag..

The rule states that you're not allowed to 'overtake the lead moving car or the lead car stopped for the pedestrian crossing', neither of which can be proved to apply (the lorry may have been the lead car, however there's no proof and he was also not yet at the crossing), fine line but enough that it will go 50/50 rather than anything else (imo)
 
Correct - but you don't pull out unless you can clearly see nothing is coming.

Even when I turn left out of a minor into a main road you still look both ways.

I wouldn't say it's the OPs fault at all - I think the biker is to blame, I just recon it'll go 50/50

this

likely to end up going 50/50 tbh. Blame can be laid on both peoples door as both were doing things they were told not (pull out without looking and overtake on the wrong side of the road)

Unless the 3rd party witness can back up that maybe the motorcyclist pulled out from behind his lorry leaving the OP no time to react ? in which case the claim may go in his favour if the insurance co argues he did look, but wouldn't have seen the biker due to the large size of the lorry.
 
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i guess i will find out in about a years time.. when this accident gets resolved and what the verdict will be
 
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depends upon what they are bordered by :

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070306

If its not got solid lines its fine to cross "if necessary and safe"

That is not the same as a pedestrian crossing.

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070339

is the page you want

Edit: Skill beat me while I was navigating :) but rule 167 may help his case.

167

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
where the road narrows
when approaching a school crossing patrol
between the kerb and a bus or tram when it is at a stop
where traffic is queuing at junctions or road works
 
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hmm good point about the pedestrian crossing.

It does however say :

You MUST NOT park on a crossing or in the area covered by the zig-zag lines. You MUST NOT overtake the moving vehicle nearest the crossing or the vehicle nearest the crossing which has stopped to give way to pedestrians.

was the lorry stopped to give way to pedestrians or just to let the OP out ?
 
The pedestrian crossing is a good way beyond the junction, it's quite clear he was letting the OP out, however that doesn't really matter,

No-one is saying the motorcyclist was in the right, he was (most likely) breaking rule 191, however the OP was pulling out of a give-way junction onto a stretch of road he could not observe and ended up in someone else's path, hence there is some blame on him.

So basically both doing things they shouldn't be, both at fault, simples :p
 
Sounds like unobservant riding by the bike. He really should have slowed up if he noticed the lorry slowing / stopped at a junction, although how you could estimate his speed if you couldn't see him and he was coming towards you is anyone's guess.

That said, I would think it will go 50/50.
 
Biker shouldn't have been there anyway.
Had the truck stopped for a pedestrian think what could have happened..
 
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