MegaSack DRAW - This year's winner is user - rgwb
We will be in touch
Not me but this scenario
do any of you have any knowledge as to who would be deemed at fault in this scenario
A car pulls up in traffic at a set of traffic lights, while they are on red, then the passenger decides to get out of the vehicle when it is stationary and strikes a passing cyclist who is undertaking the queue of traffic on the inside, there is no cycle lane, the car driver didnt give the ok for the passenger to get out.........
I'd say the passenger (I doubt they checked before opening the door), obviously that leads to an insurance nightmare for all involved if claims are being made
Yeah, you should check before opening a door. Not sure what the rules are for undertaking stationary traffic if you're on a bike though.
That has to be the passenger or the driver (its the driver's overall responsibility). I must say this is one of the many things I am paranoid about when riding. I try to avoid going within a door's width of a parked car and always pass stationary stuff slowly to reduce impact should the door be opened.
I expect insurance is less of an issue than pain, injury and time off work for the poor cyclist.
I'd say the cyclist. Undertaking in general is a bit of a no-no. If I were the cyclist, I'd feel at fault.
"Who's" at fault.
Three posts and no one's pointed it out? tsk.
It turns out that it’s an offence to open “any door of a vehicle on a road so as to injure or endanger any person”
from here http://ukcyclerules.com/2011/01/18/the-laws-of-car-doors/
Whose at fault?
clearly the passenger as long as they are a 'responsible person'
The financial issues would be covered by the drivers insurance
"Who's" at fault.Three posts and no one's pointed it out? tsk.
I was too busy wondering why the passenger of the car would strike the cyclist.
Undertaking is mildly risky but not wrong / illegal / against Highway Code. I really don't see how the rider can be at fault. The door opener probably just did not think so not malicious but it is their fault FWIW. Hopefully no-one hurt.
Highway code 72: "On the left. When approaching a junction on the left, watch out for vehicles turning in front of you, out of or into the side road. Just before you turn, check for undertaking cyclists or motorcyclists. Do not ride on the inside of vehicles signalling or slowing down to turn left." (implication is that it's OK to ride on the inside of vehicles at other times)
Highway code 151: "In slow-moving traffic. You should [...] be aware of cyclists and motorcyclists who may be passing on either side"
Dont talk to me about accidents.....
I guess the passenger is at fault as is the cyclist for undertaking and maybe the driver too if the passenger is under the age of responsibility?
The Tories.
After that, the passenger and the cyclist share equal blame. The passenger should have checked before flinging open the door and the cyclist should have been alert to this possibility. Unless the cyclist was in a designated cycle lane of course.
Thank you pdw. That does seem fairly crystal as well as common sense.
Happened to my colleague, for some reason the passenger got out on the sliproad just coming off the M4 (Honda roundabout for those that know it), just as he filtered on his Beemer (m/c). Pushed him off onto the bonnet of the car to the side - made a right mess, which he's picked up the tab for, as the car (whose door had opened) scarpered.