Who's fault was this?

[dyzio]

Hi all,
This happened to a someone I know.



My friend (1) was waiting at a busy junction to turn right. The junction was blocked with traffic, as it always is at rush hour, eventually a van driver (2) stopped and flashed his lights. She started driving forward slowly as there were cars coming from the left as well.
Unfortunately there was a bike (3) overtaking the stationary/slow moving traffic and needles to say, as she pulled out and there was a crash.
Luckily everyone is ok, but I'm just wondering how the law will/should act here:
- she had no chance to see the bike behind the van, but "you should make sure it's ok to pull out before you do" or something.
- the bike couldn't see her from behind the van, probably even forgot about the junction on the left.

So how should this one be classified?
- Her fault, (pulling out without makeing sure it's safe to do so)?
- bikers fault (overtaking on a junction),
- 50/50

[timwilky]

Sorry to say it but it is her fault. despite the van driver stopping, she still has a duty to ensure the exit is clear, that means continuing to look whilst pulling out and to expect overtaking vehicles to still use the road

[Mr Speirs]

Wonder if the biker has started his own identical thread on his biker forum

Her fault I reckon, should have creeped forward until she could see the way was clear. Its what you are taught in car lessons.

[Dave20046]

It's either a or c mate (not necesarily 50/50 could be any percentage). It's an extremely dangerous/common scenario . It depends if the biker can be proven to be riding to a low standard.

Almost got taken out pretty badly with it myself a few weeks ago same scenario only I did a junction check first and it looked clear and figure 2 (a van) was indicating left, so it seemed like the gap was only appearing because the van was turning left. Very close, got the blood pumping.

[DarrenSV650S]

50/50 I'd say

[dyzio]

Forgot to add, I won't be mentioning this thread to anyone, like I said, just curious.

On the one hand, with sympathy for the biker (and I'm sure some/most of us overtake in similar circumstances), she pulled out on him. But then on the other she didn't have a chance to see him behind the van and he shouldn't have been overtaking at a junction.

[Dave20046]

Originally Posted by DarrenSV650S

50/50 I'd say

The biker has a right to be there, the driver is obliged to make sure the highway is clear before turning across it. Any partial blame can only be pinned on the rider if there is evidence to suggest they were riding to a low standard, i.e too fast.

[timwilky]

set this up as a poll

[DarrenSV650S]

Originally Posted by Dave20046

The biker has a right to be there, the driver is obliged to make sure the highway is clear before turning across it. Any partial blame can only be pinned on the rider if there is evidence to suggest they were riding to a low standard, i.e too fast.

She could have a huge bonnet and not even be able to see him until she was well past the van

[Dave20046]

Originally Posted by DarrenSV650S

She could have a huge bonnet and not even be able to see him until she was well past the van

Regardless of size of bonnet if she was creeping out slowly enough the biker would have stopped as they saw it emerging...unless the biker was going to fast. We need to see witness statements really!