Fuzz

With a bike
Thankfully he wasn't hurt too badly although he had thrown up inside his visor
Said he just winded himself when he hit the deck.
Dunno where his gloves were but his hands were somewhat cut.
Looked like an expensive ducati as well (I don't know diddly about bikes) I think it was a 745 Corse
although the bloke didn't hit the scoob, his bike slid down the front left hand corner busting my driving light and removing a bit of paint off the bumper.
I called the ambulance anyway.. and plod turned up too.
He signed his own disclaimer on not wanting the ambulance. Hope he is OK.

I wonder which way this is going to go and how long the insurance comapny drag it out for.



Andy

dpb

wonder why he throw up..

PG

Prob. so gutted when he saw he'd been hit by a Scoob of all things !!

paul-s

whos fault was it ?

Chip

Shock

dpb

well that was my first thought.

Fuzz

You think he might of had a fit or something??
**** luck / timing if he did.
Na I think it was just belting the tarmac when the front wheel went from under him.
Perhaps the handlebars dug into his chest on the way down.

Andy

Fuzz

who's fault.....

Well that's why I said I don't know which way it's going to go as I pulled out of a T junction (turning right) in front of a white Peugeot as he was indicating left into the road I was in...
The Bike was overtaking the white Peugeot and I SMIDSY....
I stopped dead still on the first side of the road (in front of the now turning Peugeot) as I saw the biker dropping it just over the white line (centre of road)... bike then headed for the bit of my car that was stuck out most (front left corner).
Biker himself slid short and stopped before my front right wheel.

Andy

unclebuck

SMIDSY

what does that mean?!?

Fuzz

Sorry mate I didn't see you..


Andy

dpb

Cant quite put it together from the description but sounds like he was going to fast and /or you turned into road with out looking round the back of the peugeot.

Fuzz

All I could see behind the Peugeot was a queue of cars, as he was indicating left I knew that he would be slowing, so me pulling out wouldn't have impacted on the flow of traffic.
Only trouble was that there was a bike coming down the outside of the pug that I didn't see.


Andy

Bubba po

It's terrible for the biker, but he really didn't show any thought for his own safety in that maneouvre (in my opinion, if it was as you decribed) because using the principles of defensive driving he ought to have predicted the likelihood that you might pull out- particularly as the driver turning in would have made him completely invisible to you.

I hope he's ok.

Fuzz

Right... I'm going out to get lashed...


Andy

NotoriousREV

It's going to be hard to aportion blame, really. Technically, you didn't give way to him when you should have but he completed an overtaking manouvre without it being safe. I think you've probably both learnt a valuable lesson, really.

The Highway Code has this to offer:

http://www.highwaycode.gov.uk/20.htm#187

Don't feel too bad, it sounds like he's OK

Fuzz

what happens if it goes 50/50 via the insurers then.??
Does neither party get paid out?


Andy

Funkii Munkii

You both get paid by your respective insurers and you'll both lose some of your NCB.

Brendan Hughes

Could have vomited for instance if he'd just had a big meal. Doesn't take much of a punch in the stomach to revisit that.

Glad all humans seem to be OK, sorry about the metal and plastic.

Hoppy

Assuming the circumstances were similar to those shown in the Highway Code link, the onus is on the biker. The car driver at the junction cannot see the bike, but the biker can probably see the car about to pull out, and should position himself to get a decent view. It's common sense - the balance of probability is that there might well be a car about to emerge form a junction. On the other hand, it is relatively unlikely for there to be an on-coming bike hidden from view.

Any biker knows that overtaking at junctions is the number one cause of collisions. Not always the biker's fault by any means, but always dangerous circumstances and a very easy way to get badly hurt. But what is the car driver supposed to do? Wait for every car to pass, just in case there's a bike hidden from view?

Trying to take a balanced view here. I'm a biker of a few decades and have no sympathy for careless car drivers. It's usually their fault, but not always.

Whatever, sorry for you and the biker, Fuzz. Not a nice feeling either way

Richard.

PS You've kept the Scoob then?

dexter

Just read this, and having done so, I think it`s all down to the biker, from the circs you`ve given.

I`m not having a go at bikers at all here, as I used to ride all sorts for many years, but he`s in total contradiction of the Highway Code, as he`s gone for the overtake whilst approaching a junction.

He should`ve waited until he could see the junction properly, and had he done so, would`ve, no doubt, maintained his position behind the car until it was safe to proceed.

Unfortunately, I believe that the Insurance Companies don`t see it quite the same way, and even if they decide that you were not in any way to blame as such, will see it partially as your fault, simply because you were at the scene at the material time.

Good luck, hope it goes well for you (and not forgetting the biker, hoping he`s okay too.)

Triple X

iTrader: (1)

Junctions arent the best place to overtake traffic!

fast bloke

yep - he was riding up the main road and you pulled out, so it will be his fault. That happened to me on a bike in the past. Judge said - "You should have allowed for the fact that car drivers don't look"

Anyway - barfing in your lid is gross - it will stink for the rest of eternity. Probably brought on by the fact that the first thing you hit in a bike RTC is your nuts on the tank

Fuzz

Well I think I can safely say the night out in Bristol tonight has taken my mind completely off the accident earlier..
Must revisit Fez club next week for more of the same!
Bed time now as my head is spinning

Will update on Monday as to how the insurance see things.

Andy

scoobyangel

hmmm had exactly this last year with my partner... only diff being my partner was the "biker" involved

chap pulled out of a T across the flow of traffic after being "flashed" out by a bus that was in the bus stop just before the T
my partner was filtering down the outside of the traffic when said car driver pulled out, didnt see him and smacked straight into the side of him pushing both my partner and bike over, my partner had seen him start to pull out so had managed to slow down to almost walking pace by the time he was hit.
still... couple grands worth of damage to the bike, and a sore knee, the car had a cracked number plate.
after 10 months the claim was settled, 80/20 in favour of biker, plus comp for injury's.
filtering past a queue of traffic is perfectly leagal, and also in this case it was a "smidsy" on behalf of the car driver.

at the end of the day it prolly depends who has the best solicitor!!!

good luck with it.

MikeCardiff

iTrader: (2)

Rider was entirely at fault - if you are overtaking a stationary car that is indicating to turn left into a junction you always check to see if someone is using it as an opportunity to pull out - the rider should have been able to see past the peugot into the junction to see if anyone was there waiting to come out - if he couldnt see he should have slowed and overtaken at a crawl, or waited.

On him puking - I ride a 748 as well, and if he had gone forward into the tank ( you are basically stretched out over the tank, and the edge of it rests against your gut ), it would have forced against his lower stomach ( a bit like the heimlich manouver thing ) which may account for it.

Either that or he had actually puked earlier in his journey, and was just saving it there for some reason ? maybe thats why he couldnt see into the junction.

Fuzz

It still comes out at weekends, no point just leaving it in the garage..
No one has made a sensible offer on it anyway, so yea I'm still enjoying it.

Needs a bit of TLC to the bumper now though.

Andy

Fuzz

Had a good look at the car today, looks like the bike hardly touched it, only catching the spotlight on the way past and scuffed a bit of paint off the bumper. thank **** the intercooler is ok.

talizman

iTrader: (1)

Bear in mind that just because the Pug was indicating doesn't give you the all clear to pull out. We are constantly reminded not to take signals for granted, the Pug could have been signalling in error or simply not cancelled his signal from his last manoeuvre. We all know how often this happens.

the fact is that you did not give way to traffic on the main carriageway by pulling out in front of the bike, regardless of whether he was overtaking or not.
Okay so overtaking near to a junction is the cleverest, but this does not take the onus away from you making sure the road was clear (behind the Pug) before pulling out.

Imagine it was a national speed limit, say 50 or 60mph, and the car in front is signalling to turn off.... is the bike expected to slow to 5mph and stay behind the car until he leaves the carriageway and then accelerate back up to 50 or 60mph?

In my job, if I were faced with your scenario, I would hold you to blame unfortunately and I fear that the insurers may also. Sorry.

Edited to add :

I just re-read that you stopped prior to the white line..... Was it a solid white line that he crossed to overtake the Peugeot?

Fuzz

not solid whiteline no just the normal two way long dashed markers.

Would a car be expected to slow to 5mph while the car infront slowed to take the left turn. YES
Why is a bike any different just because it's smaller and more nimble..
If it was a car overtaking the peugeot on the wrong side of the road and stuffed my front end in after I pulled out would it still be my fault ??

Andy

Fuzz

I understand all too well about people driving along with their indicators flashing away. I had noted him slowing from the flow of traffic accross my bows when the last car in that flow went by I pulled out, looked left again to check no one was steaming up the road from the left, looked right again as I continued my manouvre which is when I saw the bike on the other side of the road with the front wheel sliding from under him... It was then just a case of stop and wait for him to stop sliding toward me.

Andy