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If I had hit this motorbike would it have been my fault?

(22 Posts)
MrsJoshDun Sat 10-Feb-18 21:36:10

On a fairly busy but 30mph road in a city centre and wanting to turn right. There’s a tiny right turn lane and I was sat in that bit, indicator on.

Steady stream of traffic moving in the opposite direction so I couldn’t turn right. Fine, sat there waiting for a gap quite happily. Traffic wasn’t crawling, I would say it was going at or just below the speed limit.

A 4x4 stopped and flashed me to turn so I moved forward/right across the front of the 4x4. At that point a motorbike came into view which had decided to undertake the 4x4 on the inside.

Now because I’d only moved a few feet I was going very slowly and braked immediatly. Came to a stop and sat there and watched as motorbike came very, very close to hitting me. He took longer to stop as I guess was going quicker, but he managed to stop a few inches from me.

It’s certainly made me think I won’t proceed on a right turn when somebody flashes me like this again. I think motorbikes are allowed to filter like this according to the Highway Code when it’s slow moving traffic. But it doesn’t define slow moving. As someone who cycles a lot I wouldn’t have put myself in such a vulnerable position and if I was filtering on the left I’d have been very suspicious as to why a car in front of me had stopped when they had no need to especially when there was a junction there.

Angrybird345 Sun 11-Feb-18 07:34:24

If you had hit him, it would have been Your fault as he would have had right of way on his side. The road wasn’t clear to cross and you relied on someone flashing you. At least you didn’t hit him, and sadly an all too easy mistake to make,

Ginmakesitallok Sun 11-Feb-18 07:36:11

Yes it would have been your fault.

ApacheEchidna Sun 11-Feb-18 07:44:10

Yes you would have been at fault. You didn't do anything wrong though.

I remember my driving instructor (over 20 years ago) telling me to always be very cautious if proceeding on the basis of another motorist "flashing" to invite you to procede - because that motorist is only in control of their own decisions and doesn't know if someone else might undertake or overtake them.

So in the circumstances you describe, looking beyond the 4x4 as much as is visible to check for other vehicles, and moving slowly enough that you can stop if there was a vehicle that you couldn't see, would be good driving.

You stopped in time. You are OK. You'll remember this incident and be cautious for it in future.

LuxuryMilk Sun 11-Feb-18 07:44:38

Technically you would have been at fault.
I do think it’s hard to determine how fast a motorbike is going sometimes though.

LuxuryMilk Sun 11-Feb-18 07:45:36

Agree with Apache I was always taught to use my own judgement and no one else’s.

LIZS Sun 11-Feb-18 07:48:38

Yes it is up to you to ensure your route is clear.

flumpybear Sun 11-Feb-18 07:51:39

Your fault, but a bit stupid of the biker to not realise the 4x4 had stopped to let someone cross them, and the biker wouldn't easily be seen behind the tank of a car!

Olga81 Sun 11-Feb-18 07:55:19

Single lane of traffic or two?

MincemeatTart Sun 11-Feb-18 07:57:33

Never accept the word of people flashing as anything it them agreeing to wait. I never accept the view of cyclists or riders waving me past either.

FabulouslyGlamorousFerret Sun 11-Feb-18 07:57:44

I had a similar situation, turning right onto a main road, stationary traffic about a mile long, a car leaves a gap for me to pull through, I very cautiously crawl through checking that their was nothing coming from the other direction, and a motor bike goes straight into the side of me after 'filtering' past all the stationary traffic. We had to take 50/50 responsibility, I refute I did anything wrong as the traffic is backed up like that for two hours each morning, not sure what else I could have done.

newdaylight Sun 11-Feb-18 07:58:51

As a cyclist I also would not have undertaken in that situation and I think the motorcyclist was silly to do so. However he did have right of way over you, so yes, Technically you would have been in fault.

Lightbulb57 Sun 11-Feb-18 08:06:56

A car was waiting at a junction to turn right. A motorbike was traveling down the road (30mph speed limit, traveling at that). The car pulled out, hit the bike, the person riding the motorcycle suffered a break so severe he has had to have multiple operations years later, and his gf who was also on the bike was thrown up into the air and killed. The car driver, her passengers and her car were completely unscathed. The person on the motorbike was a family member.

You were very lucky. We are all capable of making terrible mistakes when are dangerous machines. Please don’t rely on others flashing to let you out.

ivykaty44 Sun 11-Feb-18 08:06:57

As a cyclist I use the cycle lane that would put me in the same position as the motorbike rider. I have had this happen to me - surprisingly I can’t see the front of the car “flashing” their front lights and don’t understand why the car is crossing in front of me when it isn’t their right of way...

Consequently I detest flashing like this, even in congestion as the people doing it rarely give a thought for other legally travelling traffic that they are endangering

It really is dangerous to flash someone across the road in front of them as it doesn’t take into account any filtering traffic.

MrsJoshDun Sun 11-Feb-18 08:16:06

Thanks everyone. It did shake me up a bit and I certainly won’t allow myself to be flashed through there, especially not by a 4x4 which I can’t see over the top of.

Hohofortherobbers Sun 11-Feb-18 08:16:49

Is the motorcyclist allowed to filter on the left though? I would expect that it would have to be on the right

insancerre Sun 11-Feb-18 08:21:38

The driver whom flashed you should have just carried on driving
They put you and the biker in a vulnerable position

MrsJoshDun Sun 11-Feb-18 08:21:57

Highway Code says something like “when filtering in slow moving traffic take care and keep your speed low”. Filtering means undertaking on the left so yes they can but are meant to do it slowly and only when traffic is slow.

When I googled I did actually find a case where the motorcyclist was found at fault and prosecuted for driving without due care and attention as the police said he was going to fast.

So maybe it’s not very clear cut. But as a car driver I accept that a motorcyclist is probably going to come off worse and I need to be more careful.

MrsJoshDun Sun 11-Feb-18 08:23:52

Yes I hope the 4x4 driver will reflect as well.

Stupid thing is there’s a pedestrian crossing 20yards behind the 4x4 which is used a lot so the traffic lights would have gone red very shortly anyway. If I’m flashed again I will refuse to move, but then you feel like an idiot.

whatsthecomingoverthehill Sun 11-Feb-18 23:03:39

From examples I have seen if you were sued for damage/injury as a result of would probably be 50/50 between you and the motorcyclist.

FabulouslyGlamorousFerret Tue 13-Feb-18 07:13:28

Yes, that's what happened to me What, we took 50/50 responsibility. I wasn't 'flashed' cars routinely leave a 'gap' for cars to come through as the traffic is backed up for hours in the morning, there is no 'waiting' for a break in the traffic.

FabulouslyGlamorousFerret Tue 13-Feb-18 07:14:49

Op, I'm glad yours was only a 'near miss'

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