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57 comments
vw should have edged out first, totally at faul... how fast was the cyclist was tanking it down the bus lane for that kind of collision? epic bike throw!
The exact same thing happened to me, I don't remember it apart from what the police told me after speaking to witnesses - the said the driver was to totally to blame and had to attend a driving course or face prosecution
reg looks like ST04 LCG to me, & DVLA tax checker says that reg belongs to a grey VW.
difficult to tell though.
That appears to be a Golf.
It's a pretty simple one really. The motorist is legally in the wrong.
1 They pulled across a carriageway into the path of oncoming traffic and caused a collision
2 They left the scene without exchanging details (an offence in its own right regardless of liability for the collision)
The rider is not technically to blame for the collision. He was legally entitled to ride at that speed in that lane. But he was not riding as safely as he could. There is a turning, there is stationary traffic. There's a reasonable chance of oncoming traffic on the other side turning right.
I would have approached a scene with this much congestion with more care. And have been known to have a little stand on the pedals for a better view over the traffic and to be seen.
The driver need prosecuting. There are careless drivers out there. You need to ride in a way that means your safety is in your hands as far as possible not in theirs.
There have been cases in this kind of scenario where liability has been split. It depends on visibility and if there were other risky/careless manoeuvres before the collision. But the majority fault has usually attached to the party performing the turn.
Either way, not stopping after an accident and exchanging details is a criminal offence. But this is all legal/enemies of the people territory to the Sun and Mail so unsurprisingly they didn't care.
Just wondering how long we would expect the car driver to wait for? If this is typical commuter traffic (I don't know this road personally) then he/she might be sat there waiting to turn right for up to or beyond an hour before the traffic clears sufficiently to be able to spot a cyclist in the 'hidden' bus lane. That's clearly not practical.
Clearly the driver should have stopped and checked on the cyclist.
I also think the cyclist should take more responsiblity for his own safety.
Oh, and a bus is a bit more visible than a cyclist.
Nobody's arguing that the driver should sit their waiting until the entire road clears, that's a complete straw man.
The driver did however proceed across the lane far too quickly. It should have been a tortoise-like creep, which would have resulted in brown pants for the cyclist, but nothing more serious.
Hard to see how this is a debate. Drivers fault. Cyclist had right of way. End of discussion.
The fact that the car didn't stop kind of gives the game away, does it not?
The crash is society's fault for making it acceptable to litter the place up with so many metal boxes on wheels, typically with only one or two of the seats filled, that people can't see each other sufficiently to manoeuvre safely.
Driving off not knowing whether a man you've hit accidentally is dead or dying, that's the fault of the scumbag in the VW. Should be banned for life for that, and that alone.
isn't the Polo's number plate captured ???
It's interesting from a cycling security standpoint. Of course the driver was in the wrong legally, but:
- the cyclist didn't seem to slow down
- the cyclist seemingly made no attempt to swerve to avoid the car
However wrong the driver was, it's the cyclists' bones...
I think there is an element of 50/50 here. Both the cyclist and the driver are unsighted by the black car. The cyclists makes no effort to slow down as he approaches the junction, neither does the driver make any effort to creep forward ensuring that the bus lane is free of traffic.
Having said that the driver does need finding as she has clearly broken the law by failing to stop.
Yeah, but only one of them is turning across a lane of traffic when they can't see.
I think hoffbrandm nails it. The cyclist could have done more to keep himself safe but the driver caused the accident.
Exactly. They were assuming it was clear because someone had slowed, left a gap and waved them through. But it is still their responsibility to check that the lane they are crossing (the bus lane) is actually free of other road users.
(Next time they do this, they might just get t-boned by a double-decker bus...)
Aero wheels on a commuter!
Not how I would have ridden through that junction but still the drivers fault all day long.
Driver was entirely at fault, anybody who doesn't realise this shouldn't be on the roads.
8 or 9 seconds into the video you can see the Polo carry on down the road, didn't even frickin stop! Looks like she might have had her kids in the car too.
Nope, the driver of the silver car is at fault. If you're driving a bus rather than riding a bike, and someone flashes a car into the junction across your path, leading to a collision, is that nobody's fault also?
Just because the cyclist could have avoided the collision by riding more defensively, pulling a Sagan or wearing a very tall hat, doesn't make it his fault.
The cyclist rode at speed along a slippery bus lane without slowing down for the gap in traffic at the junction, which is an indicator that something is about to cross the lane. Careless, but not at fault. The driver turned across a lane while unable to see traffic in that lane, causing a collision. This means that it is 100% the driver's fault.
The cyclist SHOULD have taken more care at the junction to go slower (and I'm sure he will be from now on)
The Driver MUST not cross a lane of traffic unless it is clear to do so.
The Cyclist could have avoided it, but its still legally its the drivers fault
"Should" and "must" are usefully distinct terms - you'll find them in legal practice advice. And your use of them is absolutely correct too, IMO.
This is my position too. The driver had restricted vision because of the other cars so should have been going much slower, and the cyclist should have recognised the risk and slowed too.
Hope the cyclist recovers well.
Hmm. I know it's a nice empty bus lane but I'd say he's going a bit too fast given that it's cold, damp and therefore slippery, and he's not factored in a big enough safety margin which is demonstrated by the collision occuring in the first place.
That said, psling is bang on stating that the driver failed to stop. I'm not going to look for any comments elsewhere as they're bound to be filled with 'Drivers' using this as a case for cyclists to be insured
No one is technically a fault. The cars had stopped with room for the silver car to make it's turn. The driver of the silver car was unsighted as was the cyclist, by the same black car.
As a vulnerable road user I always slow down in instances like this, it's called commen sense.
Totally disagree.
If you drive you car (or ride your bike) across the opposite lane when you cannot see that it is safe to proceed then you are at fault. This driver was totally at fault.
I am extra careful in these situations too - because I know drivers are at fault for doing this kind of thing and being legally right while dead or seriously injured isn't much compensation.
Are you serious? If it had been a bus in the bus lane, would you be saying nobody was at fault.
The cyclist had the right of way. The car driver should have given way.
Now if I had been the cyclist, I think I would have anticipated the piss poor driving, but that doesn't mean that the driving wasn't piss poor.
As for not stopping - that is of course a crime itself.
Hard to see how anyone other than the motorist is wrong.
If the vehicle in the bus lane had been a bus, would anyone seriously say the bus was in the wrong.
Irrespective of fault, the driver failed to stop and exchange details and, it would appear, failed to report an accident where injury was likely to have happened.
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