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Who's to blame - pedestrian or biker?

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goto10
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PostPosted: 23:12 - 10 Feb 2016    Post subject: Who's to blame - pedestrian or biker? Reply with quote

I witnessed the build-up (and aftermath) to a pedestrian getting hit by a biker along the embankment this evening (a van got in the way at the moment of impact so I didn't see the collision itself) - (Eastbound, just before the Blackfriars underpass) - to me it looked like the biker may have been on the wrong side of the double white lines (although he says he wasn't) - the pedestrian stepped off the pavement and walked between the stationary cars and evidently looked to his left whilst walking out into the next lane (where the bike was filtering past the cars) - it must've been quite an impact - the pedestrian twisted his back and had a bloody eye, the biker chipped a tooth and damaged his helmet/textiles/bike.
The pedestrian apologised but the biker wanted some recompense for his losses (2014 Versys 1000, scratched/dented engine protector bars and scuffed bar-end and mirror) - personally if I was in his position I would've probably shaken on it and gone our separate ways (which is what the pedestrian wanted to do)
It got me thinking on the way home - what's the law on this, assuming the biker _hadn't_ crossed the white lines, is it a 50/50 blame split or was the pedestrian 100% in the wrong? Would the MiB pay-out to the biker on behalf of the pedestrian?

However, if he was on the wrong side of the double whites, would that be 100% biker at fault?
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Last edited by goto10 on 23:15 - 10 Feb 2016; edited 1 time in total
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Ste
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PostPosted: 23:14 - 10 Feb 2016    Post subject: Re: Who's to blame - pedestrian or biker? Reply with quote

goto10 wrote:
Would the MiB pay-out to the biker on behalf of the pedestrian?

uwotm8?

Laughing
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goto10
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PostPosted: 23:16 - 10 Feb 2016    Post subject: Re: Who's to blame - pedestrian or biker? Reply with quote

Ste wrote:
goto10 wrote:
Would the MiB pay-out to the biker on behalf of the pedestrian?

uwotm8?

Laughing


As the pedestrian said - he has no insurance. I guess the biker could take him to court but that would probably be fruitless - I know the MiB cover losses if you're hit by an uninsured driver, I was wondering if it extended to this sort of thing too.
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hellkat
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PostPosted: 23:21 - 10 Feb 2016    Post subject: Reply with quote

So ...

Before he darted out from between two stationary cars, much in the manner of a child chasing a ball out into the road ...

... did the pedestrian pause momentarily to look in the direction that the bike was coming from (regardless of what side of the white lines he was on?)

... to check that nothing was coming along, whether motorcycle or bicycle (because it could just as easily have been one of them buggers).
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goto10
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PostPosted: 23:38 - 10 Feb 2016    Post subject: Reply with quote

I don't know if he looked, I'm guessing not. He was fifteen metres from a traffic light controlled crossing, but chose to dart between cars on a busy road.
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hellkat
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PostPosted: 23:45 - 10 Feb 2016    Post subject: Reply with quote

Exactly.
Idiot pedestrian's fault.
But if the biker was on the wrong side of the road, he'll get the blame Rolling Eyes
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duhawkz
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PostPosted: 23:46 - 10 Feb 2016    Post subject: Re: Who's to blame - pedestrian or biker? Reply with quote

goto10 wrote:

As the pedestrian said - he has no insurance. I guess the biker could take him to court but that would probably be fruitless - I know the MiB cover losses if you're hit by an uninsured driver, I was wondering if it extended to this sort of thing too.


Yes the biker could pursue the pedestrian for his loses and if a court awarded in the bikers favour then the biker could then set about enforcing the debt, debt collectors/bailiffs etc. if the pedestrian can or wont pay up

It's also possible that the pedestrian may have some form of liability cover bundled with home insurance which he may be able to claim from.
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Ste
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PostPosted: 23:59 - 10 Feb 2016    Post subject: Re: Who's to blame - pedestrian or biker? Reply with quote

goto10 wrote:
As the pedestrian said - he has no insurance. I guess the biker could take him to court but that would probably be fruitless - I know the MiB cover losses if you're hit by an uninsured driver, I was wondering if it extended to this sort of thing too.

MIB pays out for uninsured drivers or untraceable drivers, pedestrians aren't required to have motor insurance so they're nothing to do with the MIB. Wink

Taking the pedestrian to court might not be so fruitless if the pedestrian has home insurance which covers third party liability stuff. Thumbs Up
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Rogerborg
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PostPosted: 07:48 - 11 Feb 2016    Post subject: Reply with quote

Biker's fault for not having louder pipes and therefore not saving lives.

Honestly, London, crashed crash bars and a Shane MacGowan grill are just the cost of doing bidness.
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grr666
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PostPosted: 08:10 - 11 Feb 2016    Post subject: Reply with quote

Why should a pedestrian cause an accident that damaged people and belongings not be liable?
If that's the case I'm off for a walk down to the cycle lane with a broomstick handle and a camera.
I mean after all what can they do? Put my 'pedestrian insurance' up?
Endorse my 'pedestrian licence'?
It seems that if you are on foot then you can cause utter fucking mayhem and get away scott (and more importantly
claim and punishment) free? I bet the poor sod on the bike wishes he'd properly injured the fuckwit pedestrian.
At least the retribution would have been karmic that way.
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Polarbear
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PostPosted: 08:27 - 11 Feb 2016    Post subject: Reply with quote

When a push bike scraped along the side of my car and I grabbed him to get his details to claim the cops told me I was lucky they weren't going to do me for assault. The motorist is always wrong. Rolling Eyes
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P.
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PostPosted: 08:42 - 11 Feb 2016    Post subject: Reply with quote

Engine bars and bar end/levers I'd not worry about but you say chipped tooth and damaged presumably pricey gear. I'd be more annoyed with that than the engine bars.
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G
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PostPosted: 08:45 - 11 Feb 2016    Post subject: Re: Who's to blame - pedestrian or biker? Reply with quote

I wouldn't consider it an issue of blame, but of risk.
The biker is risking a lot more hassle, at I suspect not great odds on his account.
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straydog
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PostPosted: 08:51 - 11 Feb 2016    Post subject: Reply with quote

I think you'll find as far as the law is concerned
An accident between a pedestrian and a motor vehicle
the motor vehicle is always to blame.

I had a ped run out and hit the SIDE of my van a few years back
Apparently according to the law it was my fault!!!!!!
Even though i was stationary stuck in traffic, go figure.

Dog
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G
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PostPosted: 09:15 - 11 Feb 2016    Post subject: Reply with quote

straydog wrote:

I had a ped run out and hit the SIDE of my van a few years back
Apparently according to the law it was my fault!!!!!!
Even though i was stationary stuck in traffic, go figure.
g

Which law?

If you were stopped on a pedestrian crossing, quite possibly.
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Rogerborg
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PostPosted: 09:56 - 11 Feb 2016    Post subject: Reply with quote

I am also interested in an answer to that question. It seems like it's gone through court awfully quickly.
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goto10
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PostPosted: 10:18 - 11 Feb 2016    Post subject: Re: Who's to blame - pedestrian or biker? Reply with quote

G wrote:
I wouldn't consider it an issue of blame, but of risk.
The biker is risking a lot more hassle, at I suspect not great odds on his account.


This is my thinking - after the pedestrian has slept on it and spoken to his mates, it could end up with the pedestrian deciding to claim on the biker's insurance for hurty back. I'd wager that it'd end up going the pedestrian's way too, because kittens.
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P.
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PostPosted: 11:41 - 11 Feb 2016    Post subject: Reply with quote

straydog wrote:
I think you'll find as far as the law is concerned


You can't come in and say that without providing said law, we got dragons on here Laughing
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Rogerborg
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PostPosted: 12:13 - 11 Feb 2016    Post subject: Reply with quote

https://image.blingee.com/images17/content/output/000/000/000/6b2/615564818_181667.gif
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goto10
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PostPosted: 12:25 - 19 May 2016    Post subject: Reply with quote

Months later - here's the vid (I just happened upon it)

At 14 seconds I saw the pedestrian step off the pavement and instantly knew what was likely to happen - the impact happened at 17 seconds - can see road sprawlage at 20 seconds:

https://www.youtube.com/watch?v=Co06_UCcI0Y
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M.C
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PostPosted: 12:42 - 19 May 2016    Post subject: Reply with quote

You're delivering a little quicker these days Smile

Biker should have been filtering on the left Wink
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Rogerborg
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PostPosted: 14:20 - 19 May 2016    Post subject: Reply with quote

Biker was well past the double-whites, although it doesn't really matter because if he'd squeezed past between the van and the lines it would just have made the collision more likely.

Ped was an idiot for stepping out assuming nothing would be making progress (in London!), biker was an idiot for not anticipating said idiocy.

Root cause analysis still says: London, cost of running the rat race.
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angryjonny
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PostPosted: 14:42 - 19 May 2016    Post subject: Reply with quote

Rogerborg wrote:
Root cause analysis still says: London, cost of running the rat race.

Yeah this.

I've done enough riding in London to know that if there's an obstacle I can't see past, there's probably a pedestrian there waiting to jump out. I've done enough walking in London to know that if there's an obstacle I can't see past, there's probably a courier doing 69.9 on the wrong side of the road.
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Doovy
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PostPosted: 14:48 - 19 May 2016    Post subject: Reply with quote

I went down the same stretch of road last night, after 10 months of not riding down it (moved house and therefore commute route too). They've made a real pigs ear of the cycle superhighway and the white lines. Horrific single lane traffic, even through the BF underpass.

Having also hit a pedestrian a week and a half ago, I know the feeling of the frustration. However mine was in daylight and on an otherwise completely clear road with no blockages of visibility.

I maintain it's the pedestrians fault in this case. But yes, biker would have had to have been over the double whites. I know I was yesterday Rolling Eyes
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M.C
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PostPosted: 15:01 - 19 May 2016    Post subject: Reply with quote

Doovy wrote:
They've made a real pigs ear of the cycle superhighway and the white lines. Horrific single lane traffic, even through the BF underpass.

They've poorly implemented the cycle superhighway network everywhere, but in particular along embankment I don't see the need for segregated cycle lanes, as you had wide cycle lanes before and having the cycle lane running alongside the river makes no sense (you still need to cycle in the road if you need to make a left turn).

They've just caused massive congestion for no real benefit, like along mile-end road. I look forward to the accident stats which will surely show this was all worthwhile right? Thinking
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