Cage Drivers

[Kram]

Prologue:

October 5th 2004:
Driving down a major road, hit slow moving traffic, so I started filtering on right hand side of traffic (within white line), but there was nothing oncoming. I was travelling at 15-20MPH (and have witness statement of this). When a car driver (Ford KA (Driver 2) - flashed there lights to let someone out (VW Golf Driver 1) of a minor road, to become oncoming traffic (have witness statement of this) *Image 1*

Driver 1 then proceeded to pull out, down the major road, I was next to Driver 2 when I saw Driver 1, thus not having enough time to react (I was next to Driver 2’s front wheel) and hit Driver 1 (on the wheel arch apparently… I can’t remember this bit) and then proceeded to fly over Driver 1’s car and down the major road.

My bike managed to hit Driver 2’s car as well. Driver 1’s car is a write off, and so is my bike.

While I was at the hospital 2 police officers said that it was not my fault.


So Far:

The solicitors of me and Driver 1 have been trying to work out whose fault the accident was. Driver 1’s solicitor sent a letter saying “According to Highway Code number ### - When performing an overtaking procedure, look out for pedestrians and vehicles emerging from junctions.” When I received this, I sent a letter back quoting the Highway Code (again) saying “When emerging from junctions, be aware of pedestrians and motorcyclists”.


Today:

I receive a phone call from my solicitors saying that if this case goes to court I have an 80% of losing, because the judge would favour the car drivers position, because I shouldn’t be overtaking near junctions. I am going to go to the police station and get the statement they said in the hospital, on paper. As my solicitor said this may help towards my case.
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[kb-zxr]

Which way was the car pulling out going? left (up) or right (down)

[Kram]

right (down)
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FS1E -> SR125 -> CB400N -> CB650 -> FZR600 Genises -> VFR400 NC21 -> CBR900RR Fireblade -> Renault Clio 1.4

[feef]

only the police have a legal right to "direct traffic" so the Ka driver has no right to hold up the flow of traffic and direct other drivers as to whether they should joine the flow of traffic.

if the Ka driver was siimply leaving space for the other vehivcle to leave the junction, it's because he could no-longer procede forwards.. you were overtaking, and should have been aware of the junction, but certainly the driver emerging from the junction should also have been aware of moving traffic.

I'd say this would go 50/50 in blame between you and the car emerging.

not saying it SHOULD mind.

a
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[Bendy]

Seems like a true 50/50 accident to me.

If you think about it, for Car 1 to be able to see down the road to ascertain if it's clear to go or not, they're going to have to get their bonnet out a bit and that's going to intrude into the space you were using to filter.

Unless they came out at speed, which is unlikely as they wouldn't have been able to tell that the oncoming traffic was clear, it seems to me like a case of negligence on both sides.

Car 1 could have been a bit more observant, pulling out in difficult circumstances.. You could also have been a bit more observant, filtering past a junction.

[fuzz]

[map]

I think you're solicitor's afraid of the precident already set in Powell vs Moody.
In the past I found this...

[Villers]

Read this and thought of bikesafe 'never overtake at or approaching a Junction' but alas that does not give another driver the right to pull out on you. Highway code states that you should only ever flash your lights to make another vehicle aware of your presence. I know in real life that is not the case but could it be deemed that the car emerging from the junction did so without the correct right of way?

Either way mate I feel for you, Im in a similar position myself and I know its hell. Im looking at potentially a 50/50 just because I happened to be stationary behind a car when it chose to reverse into me. The bitch is lying (with the help of the insurance company/solicitors) right through it and Im worried too.

Good luck mate, keep us updated.
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[biggerjohn]

Looks like a true 50/50 to me as well

But courts don’t like bikes and unless you have an amazing statement from the 2 car you probably going to lose.

[Finglonga]

I am afraid your solicitor is right, bad observation, road positioning and you were traveling too fast to stop and overtaking at the same time. Unless the white line is solid and there is no oncoming traffic you idealy want to be at least a car width away from the vehicle you are overtaking giving you enough of a veiw to see any emerging traffic.

Did an accident investoigator come to the scene and measure everything? You say that you didn't see the other driver untill you were level with the front wheel of the car you were overtaking, that also means the car pulling out wouldn't have seen you.

IMHO I think you will be very lucky if the Police give you a statement saying it wasn't your fault (never the less worth a try).


The usual thing thrown up is 'What happened if someone walked out between the cars?'. I think the very best you could get is a 50/50 settlement, but don't hold your breath. Don't get me wrong I hope the decision does go your way....Good Luck!
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[RobB]

Right then. Morally, I think at worst it's 50/50, and in my mind, the car driver is pretty much to blame. Just because someone flashes their lights at you, doesn't mean it's safe. Something that bikers are more worried about, whereas car drivers assume they'll be ok.

However, legally the 80/20 kind of thing is sort of right. I had it explained to me that if you assume the car driver is %100 to blame, the motorcyclist is still 80%. What this generally means is that if you would normally be awarded say £1000, you're only going to get £200 (reduced by 80%).

Not sure if this is all completely true, but it's how I had it explained to me by someone who should know

All in all, g'luck

[Phoenix]

That is definately your fault, you shouldn't overtake past a junction to start with. It is necessary when filtering though, which is why you slow down to a stop when you pass each junction to check no one is being let out.

That "Car 1" was not in the wrong, hes pulling out through queuing traffic, the only way he'd get out is to be let out. If car 2 had been a truck, theres absolutely no way he could of seen a bike coming along the outside of it. It's possible he couldnt see you coming along the outside of the queuing cars.