Who Is At Fault?

[Chriss]

Please don't jump on the 'cager is always wrong' bandwagon. Honest answer please.

Given these pictures. Who is at fault? Honest thoughts please.

Car driver: I was on the roundabout, and the bike was going too fast, and hit the rear of my car.

Bike rider: I was riding round the roundabout, when the car pulled out, I braked, and to avoid hitting the drivers door, I aimed to go round the back of the car, hitting the rear of the vehical.

Pictures removed
____________________
TheShaggyDA: I've got 3 or 4 pairs that predate my wife, so at least 11.5 years old.

[0ddball]

If the biker was indicating right like they should have been then the car driver is at fault for not giving way to traffic coming from the right.
____________________
ZXR750L

[Jack_Cheese]

I'd guess the rider was going too fast doing a knee-down maneouver, those roundabouts are bloody hard to see us past for cagers. Even i get people pulling out infront when im nowhere near knee down.

Jack
____________________
www.bikepics.com/members/jackcheese <--- NOW FOR SALE! 51 Plate Cagiva Planet 125
Quacker_boy: "Jack, you really are a dick!"

[0ddball]

[Chriss]

Bike was traveling around 30mph, and was indicating right.

And afraid knee down wasn't involved this time, the roundabout is fairly busy. It's a big wide roundabout though.

The reason I ask ,is because it does look like I was at fault, and not sure weather to submit it as evidance in court.
____________________
TheShaggyDA: I've got 3 or 4 pairs that predate my wife, so at least 11.5 years old.

[Se7enUK]

I thought the person on the roundabout has right of way even if they are not clearly indicating.
Thats why there is a give way sign!!!!

I could be wrong
____________________
Ex-Racer turned motorsport photographer.

www.MotorBikeRacer.com | www.point7.co.uk

[Kickstart]

Hi

Writing this while deliberatly not reading the other responses first.

One vehicle pulled onto the roundabout in front of the other. Going on to the roundabout you give way to traffic already on the roundabout.

That makes it the car drivers fault.

Doesn't help that the car driver accused the rider of speeding. Suggests he saw the bike and pulled out anyway. Makes it possibly rather more nasty for the driver.

All the best

Keith
____________________
Traxpics, track day and racing photographs - Bimota Forum - Bike performance / thrust graphs for choosing gearing

[XS1954]

Indicators not a major factor. If the bike was already on the roundabout and the car pulled out in front of the bike then it would suggest the car driver was at fault for not giving way to traffic coming from his/her immediate right. Bike was either travelling very quick in order to have caught car or car driver simply not paying attention.

Verdict: Insurance job.
____________________
You're a cock.

[cagiva gezzer]

It's a fuck off big roundabout. You can forgive the old bloke for not having quick enough reactions to floor it or stop, but you're on a nimble bike. Did you aim for the car????????
____________________
"because one stroke isnt enough and four strokes waste two"

[0ddball]

In which case i'll stick with my earlier choice. The roundabout looks fairly open and wide and 30mph isn't excessive imo.

Put it this way, from the info given it sounds like the car driver either wasn't paying full attention or misread the bikes speed/intended direction and thought they could get their foot down and get across the rounabout in time.

I think the insurance would see it as the cars fault anyway unless there was evidence that the biker was doing something wrong.
____________________
ZXR750L

[awj72]

[m99dws]

[Jack_Cheese]

I would have had to see the accident to pass final judgement for sure, but those roundabouts are hard to see over for cagers, my ony accident involved a raised roundabout like that, and not being seen.

Jack
____________________
www.bikepics.com/members/jackcheese <--- NOW FOR SALE! 51 Plate Cagiva Planet 125
Quacker_boy: "Jack, you really are a dick!"

[Chriss]

[Jack_Cheese]

[Chriss]

[sickpup]

[vfr800]

I hate to say that the bike looks at fault.
If the car didn't look the accident would have taken place nearer the outside of the island, as he has got well into the island before the accident either he was going realy slow or the bike was going to fast. The dark is a key factor, he would have seen you in good time if you were not going so fast. Sorry mate!
You've got to give them a chance if you want to stay alive. Expect the unexpected, treat all other road users as nutters unless they prove the theory wrong, then show your appeciation, they might look twice or even look for a bike next time.
Self preservation is a wonderfull thing!
____________________
don't take it easy 'ride it like you stole it'

[Chriss]

[vfr800]

Sorry i didn't see your last posts, If he stopped he's got to be at fault, pulling out and then stopping on an island is taking the piss, you didn't stand a chance.
Go for all the compo you can get!
How's the bike & how are you?
____________________
don't take it easy 'ride it like you stole it'

[Chriss]

[XS1954]

Why is it going to court? Any injuries? Did Police attend the scene and charge either person with an offence? Who's taking who to court?
____________________
You're a cock.

[Chriss]

I'm taking them to court, to pay for the damage to my bike. I'm TPFT, and I thought I'd make use of my legal expenses (as well as genuinely believing I'm innocent of making any mistake)

Edit: Police did attend, but didn't charge anyone.
____________________
TheShaggyDA: I've got 3 or 4 pairs that predate my wife, so at least 11.5 years old.

[dainesefreak]

Have you got a decent independent witness?

You can submit all the evidence that you have got to your insurance company/legal firm, they will evaluate which parts to use when proceeding with the claim. They won't use the photos if they feel it will prejudice their chances of winning, you can be sure of that.

[vfr800]

It's a bit late now but I got fully comp from ebikeinsurance.com cheaper than most quoted for TPFT, free legal and breakdown recovery and 365 day european cover.
____________________
don't take it easy 'ride it like you stole it'