L00b Posted September 21, 2011 Share Posted September 21, 2011 I think the OP was in a cycle lane...that's how I read it anyway. It's not clear from the OP or his subsequent post. And wouldn't change my mind anyhow. Notwithstanding any later-established fact of who's right and who's wrong in Law: the Highway Code isn't going to save your life in such situations, but common (or 'road') sense just might. You'll be alright arguing you were obeying the Rules of Road and the other guy was in the wrong, from 6 feet under The OP, if he was in a cycle lane and approaching the car from the rear left, should have had the common sense of checking the occupants behaviour in the car (windows etc. and OP's biking speed permitting) and anticipating a car door opening, whatever the "Rule Book" says. Not saying it's always going to prevent a mishap (as happened to me and as recounted above) but it would at least have mitigated the damage, if not prevented it altogether. It's basic self-preservation. Link to comment Share on other sites More sharing options...
truman Posted September 21, 2011 Share Posted September 21, 2011 It's not clear from the OP or his subsequent post. And wouldn't change my mind anyhow. Notwithstanding the legal factuality of who's right and who's wrong: the Highway Code isn't going to save your life in such situations, but common (or 'road') sense just might. Yep I agree with you there... but there's very little you can do if they open the door when you are along side them.. Link to comment Share on other sites More sharing options...
L00b Posted September 21, 2011 Share Posted September 21, 2011 Yep I agree with you there... but there's very little you can do if they open the door when you are along side them..On that I agree. As previously acknowleged. Link to comment Share on other sites More sharing options...
Grandad.Malky Posted September 21, 2011 Share Posted September 21, 2011 It never ceases to amaze how some people invent their own Law and Highway Code to justify their own poor motoring standards. Especially as in many cases the Highway code is a guide and not a “law” Link to comment Share on other sites More sharing options...
convert Posted September 21, 2011 Share Posted September 21, 2011 That would theoretically mean you would have to stop every time you approach anything - the nearer you get the slower you would have to get, until you were travelling at 0. Remember we are talking about a person opening a car door into a cyclists path, so it could be opened while the cyclist is level with the car, giving no time to stop. So what would your opinion be on a cyclist swerving from a cycle lane into the path of a car to avoid an obstacle. Who would be at fault? If you can't safely stop or avoid something , then you are travelling too quickly for the situation. It's all about escape routes and preserving them. As a motorist I frequently have to slow down / stop for other road users, when I can't safely overtake them. Link to comment Share on other sites More sharing options...
Tony Posted September 21, 2011 Share Posted September 21, 2011 So what would your opinion be on a cyclist swerving from a cycle lane into the path of a car to avoid an obstacle. Who would be at fault? If you can't safely stop or avoid something , then you are travelling too quickly for the situation. It's all about escape routes and preserving them. As a motorist I frequently have to slow down / stop for other road users, when I can't safely overtake them. What's good for the goose... If a vehicle is approaching another vehicle, from the rear; then they should be able to stop should the front vehicle perform an unexpected manouvere. If not then the approaching vehicle is travelling too fast. Link to comment Share on other sites More sharing options...
convert Posted September 21, 2011 Share Posted September 21, 2011 What's good for the goose... Exactly my point. In my example the motorist would be at fault. In the OP the cyclist is at fault. Link to comment Share on other sites More sharing options...
convert Posted September 21, 2011 Share Posted September 21, 2011 In the case of car doors being opened, they are sometimes opened as you are passing them - remember this is about people opening doors without checking that it's safe to do so. You don't have any time to react then. So the cyclist is aware of this being a possibility, yet chooses to take the risk anyway. Yet if a cyclist were to veer into the path of the motorist, then who would be blamed by the lycra clad brigade? Link to comment Share on other sites More sharing options...
Tony Posted September 21, 2011 Share Posted September 21, 2011 Nope, the motorist is wrong in both instances and can be prosecuted, usually for careless driving though if there is injury it might well be dangerous driving which may be accompanied by a prison sentence. In both instances it is the actions of the car driver that caused the accident - the cyclist was simply going about their lawful business. You seem to think that cyclists aren't (often painfully) of the dangers. Trust me, they are. Just look after your own actions and everyone will be fine. Your argument is akin to "short skirts invite rape". Link to comment Share on other sites More sharing options...
convert Posted September 21, 2011 Share Posted September 21, 2011 Nope, the motorist is wrong in both instances and can be prosecuted, usually for careless driving though if there is injury it might well be dangerous driving which may be accompanied by a prison sentence. In both instances it is the actions of the car driver that caused the accident - the cyclist was simply going about their lawful business. You seem to think that cyclists aren't (often painfully) of the dangers. Trust me, they are. Just look after your own actions and everyone will be fine. Your argument is akin to "short skirts invite rape". Straw man alert ! Let's look at that phrase 'look after your own actions and everyone will be fine' and apply it to the cyclist shall we? If you're going too fast to stop / avoid a hazard then you are to blame. Observation, anticipation and maintaining escape routes. As a motorist if I see a potential hazard, i take the appropriate action. Be that slowing down, stopping or trying to get out of the way / off the road. Most cyclists I know do the same thing, and as you say they are usually more aware. (Having been both a cyclist and a motorcyclist I'm well aware of the little dangers that don't bother car drivers, but are a major problem to road users on 2 wheels) Link to comment Share on other sites More sharing options...
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