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accident fault?

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hondakawasaki
Nova Slayer



Joined: 03 Jan 2013
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PostPosted: 23:25 - 23 Apr 2015    Post subject: accident fault? Reply with quote
hi all Smile

some guy pulled out on me while i was filtering about 2 weeks ago Thumbs Down

nothing serious just scraped elbows

just wondering who is at fault? the guy is trying to blame me saying i was overtaking on the wrong side of the road while he was turning right

in fact i was filtering at about 10mph through the cross hatched markings my bike was in 1st and he pulled out of slow moving traffic when i was right at the side of him

heres a paint diagram Thumbs Up is he even allowed to turn right over double white solid lines? can someone please explain, i thought you had to go round the round about to take the turn?? am i right? thanks for the help Thumbs Up
https://cdn.bikechatforums.com/files/untitled_175.png
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Major Doss
Traffic Copper



Joined: 09 Jan 2014
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PostPosted: 23:36 - 23 Apr 2015    Post subject: Reply with quote
Was it necessary for you to be in the chevron area? Sorry bloke. Highway code 130.
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Going
Nearly there...



Joined: 26 Feb 2012
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PostPosted: 01:07 - 24 Apr 2015    Post subject: Re: accident fault? Reply with quote
hondakawasaki wrote:


is he even allowed to turn right over double white solid lines? can someone please explain


I'd say no due to the roundabout and no turning lane in the hatched area.

Also go back a hundred yards and look for the No Turning Right sign, or a sign showing how to access the turning via the roundabout.
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DieselASFC
Spanner Monkey



Joined: 30 Apr 2014
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PostPosted: 02:15 - 24 Apr 2015    Post subject: Reply with quote
You were overtaking past a junction, he turned right without checking mirror and blind spot. I imagine it will go 50/50 in any insurance claim.
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Lord Percy
World Chat Champion



Joined: 03 Aug 2012
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PostPosted: 03:29 - 24 Apr 2015    Post subject: Reply with quote
Major Doss wrote:
Was it necessary for you to be in the chevron area? Sorry bloke. Highway code 130.


In fairness you can argue that entering that area is fine because... what's the official description again? Something about easing the flow of traffic. And it's not actually illegal to go in that area.

Whereas the guy in the car was aiming to cross a solid white line which is, apparently, the 'edge of the road'.

I actually can't find anything specific in the highway code about motorbikes and filtering. The only specific rules seem to be: wear a helmet and don't carry more than one passenger. Thinking
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iooi
Super Spammer



Joined: 14 Jan 2007
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PostPosted: 05:19 - 24 Apr 2015    Post subject: Reply with quote
Lord Percy wrote:

In fairness you can argue that entering that area is fine because... what's the official description again? Something about easing the flow of traffic. And it's not actually illegal to go in that area.

Quote:

130
Areas of white diagonal stripes or chevrons painted on the road. These are to separate traffic lanes or to protect traffic turning right.

If the area is bordered by a broken white line, you should not enter the area unless it is necessary and you can see that it is safe to do so.
If the area is marked with chevrons and bordered by solid white lines you MUST NOT enter it except in an emergency.
Laws MT(E&W)R regs 5, 9, 10 & 16, MT(S)R regs 4, 8, 9 & 14, RTA sect 36 & TSRGD 10(1)

Lord Percy wrote:

Whereas the guy in the car was aiming to cross a solid white line which is, apparently, the 'edge of the road'.

Quote:

129
Double white lines where the line nearest you is solid. This means you MUST NOT cross or straddle it unless it is safe and you need to enter adjoining premises or a side road. You may cross the line if necessary, provided the road is clear, to pass a stationary vehicle, or overtake a pedal cycle, horse or road maintenance vehicle, if they are travelling at 10 mph (16 km/h) or less.
Laws RTA 1988 sect 36 & TSRGD regs 10 & 26


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Fisty
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Joined: 11 Apr 2007
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PostPosted: 06:41 - 24 Apr 2015    Post subject: Reply with quote
50/50 at best.
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arry
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Joined: 03 Jan 2009
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PostPosted: 07:19 - 24 Apr 2015    Post subject: Reply with quote
Fisty wrote:
50/50 at best.


Not always.

https://www.motorcyclecompensation.co.uk/Motorcycle-Accident-Case-Law--Shaw-v-Russell-and-Another-2004.aspx

Quote:
Driver 95% to blame Motorcyclist 5% claim


https://www.bailii.org/ew/cases/EWHC/QB/2012/2197.html

Quote:
100% car driver fault
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Fisty
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Joined: 11 Apr 2007
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PostPosted: 08:06 - 24 Apr 2015    Post subject: Reply with quote
He overtook at a junction. Just something you do not do unless 110% sure that the cars are not going to turn into it.
OP shouldn't really have been in th hashed area as it was not necessary for him to be there. Car driver should have looked.

Both at fault.
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Brendan110_0
Two Stroke Sniffer



Joined: 31 Mar 2015
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PostPosted: 08:27 - 24 Apr 2015    Post subject: Reply with quote
My instructor always told me if it was safe to do so, entering a cross hatch area is fine (as long as there's no solid line around it) so filtering there is fine as far as highway code is concerned.
The driver attempting to cross double white lines however.......bet he changes his story.

Whatever the outcome you should look at your riding (Police riders handbook good for this), most accidents could nearly always be prevented. It appears you were going a bit too fast filtering and didn't anticipate douche-bag drivers not looking for you.
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Rogerborg
nimbA



Joined: 26 Oct 2010
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PostPosted: 08:34 - 24 Apr 2015    Post subject: Reply with quote
As above.

Google Streetview?

On the double whites, he was OK to turn across them if it was safe to do so:

https://www.legislation.gov.uk/uksi/2002/3113/regulation/26/made

TSRGD 2002 wrote:
Nothing in paragraph (2)(b) shall be taken to prohibit a vehicle from being driven across, or so as to straddle, the continuous line referred to in that paragraph, if it is safe to do so and if necessary to do so —

(a) to enable the vehicle to enter, from the side of the road on which it is proceeding, land or premises adjacent to the length of road on which the line is placed, or another road joining that road;


Your hatched area is a "should not enter unless it is seen by the driver to be safe to do so":

https://www.legislation.gov.uk/uksi/2002/3113/images/uksi_20023113_en_123
https://www.legislation.gov.uk/uksi/2002/3113/images/uksi_20023113_en_124

What do your witnesses say happened? If you don't have any, then he looked, saw that it was safe to turn, indicated, and then you paradropped out the back of Hercules doing 200 mph on one wheel.

Could go either way. If it becomes an issue and he and his seven cousins - who he's just remembered were in the car - all get whiplash, I'd get representation.
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Old Thread Alert!

The last post was made 11 years, 144 days ago. Instead of replying here, would creating a new thread be more useful?
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