Motorists, check your wing mirrors before opening your doors.

[Tony]

Highway Code Rule 239. It's pretty simple to understand.

 

Ignore it and you might be going to jail.

[convert]

Highway Code Rule 239. It's pretty simple to understand.

 

Ignore it and you might be going to jail.

 

Interesting, I didn't know that the highway code had the status of law (except where Road traffic acts are specifically referred to)

 

http://www.access-legal.co.uk/legal-news/whos-at-fault-following-a-cycling-incident-lu-2816.htm

 

I suggest that you read through some of the case histories on the above link.

 

Wakeling v McDonnagha & MIB [2007]

It was established that a defendant couldn't simply rely on the fact or possibility that the claimant broke the law when seeking to allege contributory negligence.

 

A breach of the Highway Code, if established, didn't create a presumption of negligence, and was merely a factor to be taken into account when considering the issue. The defendant was unable to discharge his burden to prove any allegation of contributory negligence. One thing often forgotten is that any allegation of contributory negligence needs to be specifically pleaded by a defendant, and evidence must be provided to prove the causative issue.

 

While cycle lanes appear to provide a safe area for cyclists, I have previously commented on them being a place of danger.

 

These dangers extend to other vehicles in the cycle lane, and that may result in liability being split following an accident. Despite cycle lane provisions and the Highway Code, it's been established that there is no 'right of way' for cyclists in a cycle lane.

 

The Highway Code highlights the duty of the motorist, to include traffic when turning, to give way to cycle lane traffic from either direction.

 

Clenshaw V Tanner (2002)

A cyclist in a designated cycle lane who collided with the rear of a breakdown recovery vehicle that was turning left across his path, was held to be 50% contributory negligent. The vehicle was always ahead of the cyclist and there to be seen.

 

Richards V Quinten (2000)

The court found that a cyclist riding in a cycle lane had the greater opportunity to take evasive action to avoid a collision with a car emerging from a driveway and although the car driver should have been proceeding with extreme caution, the cyclist was held to be 75% contributory negligent. In this case, the driver's view was extremely restricted and it was deemed that the cyclist should have seen the vehicle emerging.

 

The contributory negligence split in this case was specific to it, and a similar case with different distances between the vehicles may well result in a different percentage split of liability. The same can be said for incidents in which vehicle doors are opened into the path of cyclists.

 

Foster v (1) Maguire (2) Irwell Construction Ltd (2001)

A cyclist was found 70% contributory negligent where, notwithstanding that it was reasonably foreseeable that she risked injury by a van and trailer blocking a cycle lane, she failed to keep a proper lookout for her own safety and collided with the rear of the van.

 

Howells V Trefigin Oil & Trefigin Quarries Ltd (1997)

The claimant rode his bicycle into the defendant's stationary lorry, which was projecting slightly into the road. He was found to be 75% contributory negligent. The defendant appealed against the 25% apportioned to them, and on appeal the claimant was found 100% responsible.

 

 

 

Not quite as cut and dried as you would have people believe, is it?

[altus]

Interesting, I didn't know that the highway code had the status of law (except where Road traffic acts are specifically referred to)

 

http://www.access-legal.co.uk/legal-news/whos-at-fault-following-a-cycling-incident-lu-2816.htm

 

I suggest that you read through some of the case histories on the above link.

 

 

 

 

Not quite as cut and dried as you would have people believe, is it?

 

Have you got one that refers to car doors being opened onto cyclists riding in a cycle lane?

[GrannyGranny]

Convert - All the cases you refer too are completely different to the OP's incident.

 

Riding into a staionary vehicle or colliding with a vehicle emerging from a side road is not the same as having a door open onto you when carrying out a reasonable and completely legal manouvre.

 

No matter how vigilant you are there is no way you can avoid a car door opening as you pass the car.

 

This has happened to me in the past and luckily I was just badly shaken with bruising but the driver took full responsibility for his passengers (young son) actions and paid for the damage to my bike.

 

It doesn't surprise me that there are posters on here who seem to think its always the cyclists fault and never the car driver's. Even when its as cut and dry as the OP's incident.

[convert]

Have you got one that refers to car doors being opened onto cyclists riding in a cycle lane?

 

Not on that link, however if you actually read the content:-

 

Despite cycle lane provisions and the Highway Code, it's been established that there is no 'right of way' for cyclists in a cycle lane.

 

Then look at the general instances of cyclists riding into the back of things (plenty of examples of that in the link). It doesn't take a rockest scientist to work it out does it.

 

 

Can you provide a link to an example where a cyclist rode into a car passenger door and the driver was held responsible in a court of law?

[GrannyGranny]

convert - motorists undertake all the time when, for instance, on a motorway in a traffic jam. So if you were undertaking and as you drew level with a car it suddenly pulled into your lane would it be your fault?

[Bonjon]

Yes I was in a cycle lane, yes I can usually observe when someone will throw a door open, however the traffic wasn't stationary just slow moving when said vehicle stopped and door opened into me.

 

As far as I am concerned I have done nothing wrong, and I imagine if I had of decided to sue the law would have been on my side.

 

As for passing on the left, as far as I am concerned I would have still been in the right if I had of been filtering to the left of slow moving vehicles.

 

I would like to think that all road users are equal but since I have started cycling I have noticed that most 4 wheeled vehicles do not think this way.

 

Anyway this thread is just to advise people to check their mirrors/the mirrors of their passengers before they park illegally to let passengers out.

[convert]

convert - motorists undertake all the time when, for instance, on a motorway in a traffic jam. So if you were undertaking and as you drew level with a car it suddenly pulled into your lane would it be your fault?

 

IF I was travelling too fast to take effective action, then yes I would consider it to be my fault.

 

However I always make sure that I have an escape route planned, and that I was watching ahead for signs that someone might be about to pull into my lane.

 

I would think that a cyclist approaching a stationary vehicle should be doing the same things.

 

I'm not saying the motorist (or in this case the passenger) is without blame in the OP; however it isn't as cut and dried as some of the lycra lobby would have you believe.

[Bonjon]

IF I was travelling too fast to take effective action, then yes I would consider it to be my fault.

 

However I always make sure that I have an escape route planned, and that I was watching ahead for signs that someone might be about to pull into my lane.

 

I would think that a cyclist approaching a stationary vehicle should be doing the same things.

 

I'm not saying the motorist (or in this case the passenger) is without blame in the OP; however it isn't as cut and dried as some of the lycra lobby would have you believe.

 

Would it make it more cut and dry if I said I dont wear lycra and I also drive a car??

 

You sound like someone who would be fine with running over and killing a cyclist aslong as you could say 'well it was their own fault' remember people make mistakes on the road, but in 1.5tonne vehicles your mistakes might not injure you but think of others.

 

The car that knocked me off my bike made a mistake, I forgive them, if anything is learned I imagine next time they will check.

[convert]

... Anyway this thread is just to advise people to check their mirrors/the mirrors of their passengers before they park illegally to let passengers out.

 

Fair enough, however I would also encourage all road users to not only use their mirrors, but also do rear observations:- to make sure you cover your blind spots.

 

I'd also suggest not filtering too fast down cycle lanes. If you need to filter, filter down the outside of the vehicle. It gives you more space to avoid hazards, and drivers (usually) are a little more cautious about opening their doors than passengers.