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Accident- whose fault was it?

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Pjay
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PostPosted: 13:42 - 16 Feb 2017    Post subject: Reply with quote

I would send the video to my insurance company explaining that I was turning right and he came round from the left lane and hit me.

Job done.
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pompousporcup...
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PostPosted: 13:43 - 16 Feb 2017    Post subject: Reply with quote

you can see he speeds up to try and get around you.

Even if you WERE going right, his move was dangerous and without due care and attention (which is what you should be shouting about imo)

https://i176.photobucket.com/albums/w188/Sharpe2002/1_zpszqruilw7.jpg
He speeds up.

https://i176.photobucket.com/albums/w188/Sharpe2002/2_zpsu2hejmlt.jpg
Not exactly given you much space has he.

Overtaking on broken hatched lines is perfectly fine.
-1 obs points for the overtake at the zig zags (we all do it) and not doing a life saver.

^^ see above about 'i was going right gov, honest. He turned into me as i was following the bmw round the roundabout' I bet your neck, ankles and wrists hurt now too.. don't they.. Question


Last edited by pompousporcupine on 13:47 - 16 Feb 2017; edited 1 time in total
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Pete.
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PostPosted: 13:47 - 16 Feb 2017    Post subject: Reply with quote

[quote="ScaredyCat"]
natefz6 wrote:


There's nothing wrong with riding over broken hashed lines at all.



Nothing illegal, but can be plenty wrong. After all, when I passed my test dotted hatchings were "to keep apart dangerous lanes of traffic and protect vehicles turning right". The highway code doesn't say that anymore but it used to.

Anyway, at 13 seconds that car was fully aware of the bike and accelerated sharply because he knew he was out of position for turning right and spotted the rider's hesitation. He shot forward then turned and slowed down, that's why it looks like the bike steered towards him.

I would most certainly claim that I was turning right and properly positioned to do so when the car driver came around the outside and startled me by turning into my path.

If you say you were going straight on you'll get a 50/50. Most roundabout accidents do that anyway so you got no choice but to use the footage.
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davethekwak
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PostPosted: 13:48 - 16 Feb 2017    Post subject: Reply with quote

ScaredyCat wrote:
davethekwak wrote:
"]
If you watch the vid very carefully you will see the rider straighten up and ride in to the car. The car didn't change his line.


You need your eyes testing, cars going straight don't turn their wheels to go round a corner.

I find when I'm in a car, indicating to go round a roundabout (as this car was) that my wheels are actually turned to the right. Razz
End of the day, far too many errors, poor decisions and wrong assumptions by both involved.
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ScaredyCat
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PostPosted: 14:03 - 16 Feb 2017    Post subject: Reply with quote

Pete. wrote:
when I passed my test dotted hatchings were "to keep apart dangerous lanes of traffic and protect vehicles turning right". The highway code doesn't say that anymore but it used to.


Pass as long as you didn't hit the bloke walking in front of you with the red flag eh? Razz


davethekwak wrote:

I find when I'm in a car, indicating to go round a roundabout (as this car was) that my wheels are actually turned to the right. Razz


You don't enter the roundabout with them already turned to the right, unless you intend to go the wrong way round, or over the top of it.

https://dl.dropboxusercontent.com/u/188253/_bcf/mowa/smash/pic1.png

https://dl.dropboxusercontent.com/u/188253/_bcf/mowa/smash/pic2.png
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Rogerborg
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PostPosted: 14:22 - 16 Feb 2017    Post subject: Reply with quote

ScaredyCat wrote:
natefz6 wrote:
Yeah I would be wary about sending that one off to the insurers. Riding over hashed lines

There's nothing wrong with riding over broken hashed lines at all.

You "should not" do so.

Overtaking on the zig-zags are an offence. PC20, I believe.

None of which is directly relevant.
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goto10
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PostPosted: 14:47 - 16 Feb 2017    Post subject: Reply with quote

Rogerborg wrote:

First, don't overtake on the zig-zag lines on the approach to a zebra crossing (TSRGD 2016 S37). Tut Tut


Not questioning the almighty *citation needed*, but I thought you weren't allowed to overtake the _lead_ vehicle (the one nearest the crossing itself - which he didn't - that was the BMW at the time of the overtake)
(But yes, even if this is true, it's probably not the best idea - but as we're talking who's technically in the right - this is all important)

natefz6 wrote:
Yeah I would be wary about sending that one off to the insurers. Riding over hashed lines and overtaking on zig-zags for a ped crossing is not a good start.


The hashed lines were surrounded by broken white lines, so no real issue with using them either, no? (Nothing technically wrong with it, just a 'should not')
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Marlin
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PostPosted: 15:05 - 16 Feb 2017    Post subject: Reply with quote

goto10 wrote:
*citation needed*


https://www.legislation.gov.uk/uksi/2002/3113/part/I/crossheading/road-markings/made
Code:
Road marking shown in diagram 1001.3: zig-zag lines—no overtaking

28.—(1) Without prejudice to regulation 27, a zig-zag line shall convey the requirement that, whilst any motor vehicle (in this regulation called “the approaching vehicle”) or any part of it is within the limits of a controlled area and is proceeding towards the signal-controlled crossing facility to which the controlled area relates, the driver of the vehicle shall not cause it or any part of it—

(a)to pass ahead of the foremost part of any other motor vehicle proceeding in the same direction; or

(b)to pass ahead of the foremost part of a vehicle which is stationary for the purpose of complying with the indication given by a traffic light signal for controlling vehicular traffic.
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Rogerborg
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PostPosted: 15:07 - 16 Feb 2017    Post subject: Reply with quote

goto10 wrote:
I thought you weren't allowed to overtake the _lead_ vehicle (the one nearest the crossing itself - which he didn't - that was the BMW at the time of the overtake)

Good spot. In my defence, it's because I'd stopped caring.
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conker
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PostPosted: 15:11 - 16 Feb 2017    Post subject: Reply with quote

Overtaking on ZigZags:

You MUST NOT overtake the moving vehicle nearest the crossing or the vehicle nearest the crossing which has stopped to give way to pedestrians.
Laws ZPPPCRGD regs 18, 20 & 24, RTRA sect 25(5) & TSRGD regs 10, 27 & 28

I read that to mean you can overtake as long as it is not the car nearest to the crossing. Might be wrong.

**EDIT**
Beaten to it while I dilly dallied on the post page.
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Marlin
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PostPosted: 15:22 - 16 Feb 2017    Post subject: Reply with quote

Rogerborg wrote:
Good spot.


I didn't quote enough there!
Got myself in a right tangle: remembered the front vehicle bit; posted; re-read (not enough of) the rule so thought I'd remembered wrongly; deleted post; reposted wrongly. Embarassed

Code:
(2) In paragraph (1)—

(a)the reference to a motor vehicle in sub-paragraph (a) is, in a case where more than one motor vehicle is proceeding in the same direction as the approaching vehicle in a controlled area, a reference to the motor vehicle nearest to the signal-controlled crossing facility to which the controlled area relates; and

(b)the reference to a stationary vehicle is, in a case where more than one vehicle is stationary in a controlled area for the purpose of complying with the indication given by a traffic light signal for controlling vehicular traffic, a reference to the stationary vehicle nearest the signal-controlled crossing facility to which the controlled area relates.


Anyway, I think driver was technically at fault, though no idea how insurance companies would see it.

Rider brought it on himself:
- provoked situation (doing something the driver perceived as braking the rules to get ahead)
- didn't take any of the opportunities to avoid that outcome.

There's no value in being right but squashed.
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natefz6
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PostPosted: 15:57 - 16 Feb 2017    Post subject: Reply with quote

goto10 wrote:

The hashed lines were surrounded by broken white lines, so no real issue with using them either, no? (Nothing technically wrong with it, just a 'should not')


Yeah nothing legally wrong with it and its something I do all the time.

However, if I was to use a video for an insurance claim I would want to be excluding all the bits that could be open to interpretation i.e was it "safe and necessary to do so".

As to the zig zags;

the driver of the vehicle shall not cause it or any part of it—

(a)to pass ahead of the foremost part of any other motor vehicle proceeding in the same direction;

So if the cars are stationary you can overtake up to but not including the front vehicle, if the cars are progressing you can't overtake at all.*

*maybe

edited for clarity
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Last edited by natefz6 on 18:11 - 16 Feb 2017; edited 2 times in total
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Monkeywrenche...
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PostPosted: 18:00 - 16 Feb 2017    Post subject: Reply with quote

natefz6 wrote:
goto10 wrote:

The hashed lines were surrounded by broken white lines, so no real issue with using them either, no? (Nothing technically wrong with it, just a 'should not')


Yeah nothing legally wrong with it and its something I do all the time.

However, if I was to use a video for an insurance claim I would want to be excluding all the bits that could be open to interpretation i.e was it "safe and necessary to do so".

As to the zig zags;

the driver of the vehicle shall not cause it or any part of it—

(a)to pass ahead of the foremost part of any other motor vehicle proceeding in the same direction;

So if the cars are stationary to can overtake up to the front if the cars are proceeding you can't overtake at all.*

*maybe


I don't think you can overtake stationary traffic either.
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MarJay
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PostPosted: 18:07 - 16 Feb 2017    Post subject: Reply with quote

Lots of people going on about what is legal and what is not legal. It's an old cliche but what is legal or illegal doesn't matter if you're in hospital or the morgue.

At the end of the day it was not a sensible thing to overtake on the approach to a busy roundabout, and certainly not a sensible thing to enter the roundabout alongside a car. This is the kind of thing I'm talking about when I say you need to reflect on your own riding for your own sake. This is the sort of thing that people get indignant about "I was in the right!" Yes, you may have been but by taking a few extra precautionary steps, and perhaps waiting for 5 seconds you could have avoided the accident completely.

Legal or illegal does not equal safe and unsafe. The more accidents we have as motorcyclists the more excuse the government and other organisations have to crack down on motorcycling. So even if you feel like riding dangerously you're not helping the rest of us, not to mention risking your own health and wellbeing.

I don't mind a bit of 'making progress' here and there, but doing obviously dangerous but legal things on a busy road in town gains nothing.

I think that a lot of people think that because they are not technically to blame for an accident, there was nothing that could have been done, but in most cases this is not true. Of course you will get the odd completely unavoidable accident, but the prospect of that is bad enough without blundering into avoidable accidents too.
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M.C
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PostPosted: 18:26 - 16 Feb 2017    Post subject: Reply with quote

Rogerborg wrote:
The mp4 wouldn't play on my Windows 7 machines, so I've uploaded it as an unlisted YouTube video.

Eh? How'd you manage that? Unless you've got one of the EU bollocks media player free editions and no other video player installed?

Both of you were in the wrong lanes for the direction you were heading IMO (assuming you were going straight on?). I think the car was trying to go around the roundabout with you, stupid but that's what car drivers do. I'm inclined to agree with pjay, I'd be vague about what direction I was heading, I think there's enough of a squeeze there to 'justify' going down.
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andyscooter
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PostPosted: 18:36 - 16 Feb 2017    Post subject: Reply with quote

Why why woiuld you position yourself there to go that way

This also applys to the car

Both at fault

Also overtaking on hatched isn't illegal but I cxan be construed as making your own lane in a accident
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Freddyfruitba...
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PostPosted: 21:12 - 16 Feb 2017    Post subject: Reply with quote

I don't see that the OP was at fault for travelling straight on in the right-hand lane. Rule 186 of the highway code says that if you are turning right (like the car was doing), then you must be in the right-hand lane (and he wasn't); and that if you're going straight on then unless there are road markings (there weren't), then "select the appropriate lane on approach to and on the roundabout". Where road markings do exist, it's common on two-lane roundabouts for both lanes to be marked with arrows for 'straight on'.

Especially as here, the road opposite exits the roundabout at maybe 1 o'clock rather than 12 o'clock, I can't see how the OP can be said to be in the wrong lane.

In the attached still from the video, it seems to me clear that the bike is in the right lane and the car is in the left; ie, the bike has not just squeezed in to the car's right-hand lane. Fast-forward to the point of impact, and the car is clearly cutting across and is blocking the right-hand lane. If the OP had been driving a car rather than a bike, and had been turning right rather than straight on, there would still have been an impact and nobody would claim that it was anything other than the left-hand car's fault, would they?

What's particularly shitty IMHO is that clearly this wasn't a SMIDSY as the car was overtaking at the time (and just assumed the bike would get out of his way).

Root cause of the accident was of course bloody stubbornness and testosterone overload in both parties.
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Last edited by Freddyfruitbat on 22:28 - 16 Feb 2017; edited 3 times in total
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drzsta
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PostPosted: 21:38 - 16 Feb 2017    Post subject: Reply with quote

drzsta wrote:
Both of you were in the wrong lane IMO.


If your going straight over 2nd exit, stay in left liable unless road marking say otherwise.
If exiting on third exit then stay right.


My bad - only one lane. Although it still applies to late positioning because I assume you were trying to go straight over the roundabout.
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ekos
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PostPosted: 23:47 - 20 Feb 2017    Post subject: Reply with quote

Guys, thank you very much for all your comments and advice. I will try to learn from my mistakes. I am not an experienced motocyclist and I am sure that this unfortunate experience will help me to become more cautions on my way and more far-sighted. Once again, thank you. Cheers !
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Pete.
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PostPosted: 00:10 - 21 Feb 2017    Post subject: Reply with quote

Freddyfruitbat wrote:
I don't see that the OP was at fault for travelling straight on in the right-hand lane. Rule 186 of the highway code says that if you are turning right (like the car was doing), then you must be in the right-hand lane


No it doesn't.
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iooi
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PostPosted: 10:33 - 21 Feb 2017    Post subject: Reply with quote

A couple of points.

NO LANES LEADING UP TO OR ON ROUNDABOUT... Therefor road position means nothing.

CAR WAS INDICATING

CAR was actually in front when setting of at the roundabout. So OP should have seen the indicator.

OP overtook on zig zag lines
Failed to notice car indicating to turn right at roundabout, because he was intent on getting there 1st.
Will have been in drivers blind spot, as well as driver concentrating on his own actions, and not everyone else....

I think OP will be shooting himself in the foot if that vid gets submitted. Editing out the 1st bit may only make it look worse if the rest is asked for by the other party.....
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pompousporcup...
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PostPosted: 10:45 - 21 Feb 2017    Post subject: Reply with quote

hard to tell but his eyes may have been looking right, given that we give way to the right in this country
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tactical_pancake
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PostPosted: 11:48 - 21 Feb 2017    Post subject: Reply with quote

As an aside if you get in this situation again and can't slot in to the left lane, an alternative is to go right around the roundabout 360 degrees, then the left lane will be forced to give way to you.

It is both satisfying and jammy and you get to show your mad u-turn skillz.
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