Who is at fault now?
 

Hi there,

Would like to get your opinion on the following situation. I have illustrated the situation, which hopefully identifies what is actually going on.

Basically, Motorcycle is riding down a Bus Lane with a long queue of traffic to his right, lets call this road "Road A". There is a side road approaching to his left, lets call this "Road B". There is a Keep Clear sign on road "A" in front of the "Road B" entrance and a lorry has stopped just before it (as there is queing traffic in front of him and it would be illegal for him to continue and get stuck in the Keep Clear area. Note: He is not stopping to give way to anyone).

Meanwhile, a Car on "Road A" coming in the opposite direction to the Lorry and Motorcycle pulls into the "Road B" as the Lorry has stopped behind the Keep Clear sign. Lorry tried to give signal to Car not to go as he was aware of Motorcycle.

The Motorcycle then crashes into the left hand side of the Car. Both could not see each other due to the Lorry being in the way.

Who is at fault now?

Would it change circumstances if the Bus Lane had not permitted Motorcycles?


Image:

http://img21.imageshack.us/img21/2633/accidentv.jpg

Re: Who is at fault now?
 

I would say its the "impacts" fault he shouldn't be parked there :D

but with my limited knowledge of the law i would say there both mutually responsible... if you can have that?

sorry im not much help, sure someone with more knowledge will answer shortly

Re: Who is at fault now?
 

Thanks for the quick reply. But the Impact is only higlighting where the Car and Bike meet. No-one is parked there.

Re: Who is at fault now?
 

imo the car driver cos they have crossed the path of a vehicle that has right of way. BUT,also the motorcyclist should of been more aware of his surroundings (hazard perception) and he should of slowed down to check no vehicle was going to pull out in front of him from what looks like a pretty obvious gap in the traffic...

Re: Who is at fault now?
 

sorry that was my attempt at being funny, went well...

just looking at a similer thread between a van and a bike, and to me it looks like it would be the cars fault as he should of crept forward before pulling out, it could of been a bus in that lane not a bike.

Re: Who is at fault now?
 

yes I think whether bikes were permitted would have some bearing. provided they were I'd say ,legally, it's likely the car's fault. Same as the other thread thoug we can't say for sure without witness statements/ideas of speeds & impacts. i.e the insurance peoples jobs! You're not a lazy solicitor are you? :scratch:

Re: Who is at fault now?
 

In my opinion I would say the driver is 100% at fault as he was crossing the main road. Just because the right hand lane was stationary it simply means the driver should have exercised more caution while crossing the road despite it being a bus lane... since on most bus lanes taxis, cyclists, and motorcycles can use them. Shouldn't have thought that there would be any bearing on the insurance case if the rider was riding on a bus lane not permitted for motorcycles.... at worst he should be slapped with a fine for 30/60quid (which ever one it is) for riding on a bus lane...

Re: Who is at fault now?
 

it made me chuckle genetic!!!!:D

Re: Who is at fault now?
 

Genetic Bubble - not on the ball at moment...only just saw the smiley face.

aaron020873 - I was thinking the same thing. Car is moving into another vehicles path, but Bike could have been more vigilant. But if the car is not creeping forward, the he is driving with undue care anyway.

Dave20046 - Ha, no not a lazy solicitor, just seeing how general riders view this and see if anyone has had any similar experience.

Re: Who is at fault now?