Near miss seen this morning:-
Cyclist waiting to turn right from side road to go north on ordinary two lane street which is clear northbound. Southbound traffic comprises a Jag XJ stopped at a zebra crossing. Fifty metres south of side road traffic is stationery queued to lights.
Cyclist moves out, as he emerges Jag accelerates sharply from cleared zebra crossing and misses cyclist by inches before braking hard to join back of queue for lights.
If he’d hit the cyclist whose fault would it have been?
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In the context of two cars, it may be a 50/50. One shouldn't pull out, the other shouldn't accelerate so aggresively without regard to other road users.
However, as cyclists are more vulnerable road users and less able to react to sudden fast moving traffic, the Jag would have been to blame, IMHO. Fact? Dunno?
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Jag driver. I recall from driving instruction years ago - cover brake and clutch when approaching a side road, and be prepared for any emerging traffic. Give priority to any traffic (which includes pedestrians incidentally) that has already started to turn or cross.
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Jag driver.
If the jag was stationary when the cyclist started moving I don't see how it could be the cyclist's fault.
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assuming the cyclist was leaving a minor road to join a major road, the cyclist.
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TourVanMan TM < Ex RF >
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Being a cyclist myself, as he is crossing the carrigeway, then a fair amount of blame on him, same if in car !
A none biased opinion !
Insurance would probably see it the same.
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As the Jag driver was stationary at the crossing when the cyclist moved out then the Jag driver is at fault.
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What\'s for you won\'t pass you by
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PS
The fact that the cyclist emerged from a side road has no bearing on the situation.
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What\'s for you won\'t pass you by
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I try to remain as emotionless as possible about such matters. On the few occasions that I have been involved in an accident I have just handed the matter over to my insurers to sort. It's what I pay them for.
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L\'escargot.
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>The fact that the cyclist emerged from a side road has no >bearing on the situation.
Pardon?
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TourVanMan TM < Ex RF >
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It seems the Jag driver was on pre programmed auto pilot, before he even moved away from the crossing. Otherwise he'd have seen the cyclist making his manoeuvre. A case of driving without due care and attention?
Dave
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>The fact that the cyclist emerged from a side road has no >bearing on the situation.
I mean that the cyclist had already commenced his manoeuvre i.e. was making a right hand turn across the road on which the Jag driver was stationary at the time.
The "whose to blame" situation would have been equally relevant if the cyclist was already on the main road and making a right turn across the oncoming path of the Jag driver - again when the vehicle was stationary at the crossing.
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What\'s for you won\'t pass you by
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Both were to blame but only one of them would have broken legs!. An accident is rarely caused by a single failure, but usually a series of failures.
Both parties failed to anticipate the scenario.
Why does it have to be a single persons fault?
SGB
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>>Both parties failed to anticipate the scenario.>>
Incorrect. It was stated that the Jag was stationary when the cyclist commenced his right turn.
On your logic the cyclist would never attempt to make a right turn.
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What\'s for you won\'t pass you by
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If a near-miss situation can develop in the short time it takes a cyclist to execute a right turn across a road, then there was clearly a lack of anticipation on both parties.
I am not saying I would have anticipated it but I would hope I would! Anyway, my car is so slow that it is academic really.
SGB
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I would have to blame the Jag driver, He failed to anticipate the Cyclists actions and that he would have to stop in a Queue at the Traffic lights.
I do admit if on auto pilot or thinking of other things you fail to read the situation at all end result is an accident.
Those who blame the cyclist remember he checked for traffic from his left(stopped at the traffic lights) and from the right (Jag stopped at zebra crossing) he did have right of way when he emerged.
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From the description, its as if the Jaguar driver used more than the expected acceleration capabilities from standstill. Maybe he reads Clarkson and the Sun, and hates cyclists....
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The cyclist.
Perhaps some contributory negligence from the Jag, but you'd never prove it.
Failure to anticipate the movements of another user is not an offence, nor does it lead to you being at fault in an accident.
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The cyclist is at fault for moving off when the Jag is stationary? The Jag driver doesn't need to anticipate? Try the HC:
124: Adapt your driving to the appropriate type and condition of road you are on. In particular
do not treat speed limits as a target. It is often not appropriate or safe to drive at the maximum speed limit
take the road and traffic conditions into account. Be prepared for unexpected or difficult situations, for example, the road being blocked beyond a blind bend. Be prepared to adjust your speed as a precaution
where there are junctions, be prepared for vehicles emerging
in side roads and country lanes look out for unmarked junctions where nobody has priority
try to anticipate what pedestrians and cyclists might do. If pedestrians, particularly children, are looking the other way, they may step out into the road without seeing you.
125: Be considerate. Be careful of and considerate towards other road users. You should
try to be understanding if other drivers cause problems; they may be inexperienced or not know the area well
be patient; remember that anyone can make a mistake
not allow yourself to become agitated or involved if someone is behaving badly on the road. This will only make the situation worse. Pull over, calm down and, when you feel relaxed, continue your journey
slow down and hold back if a vehicle pulls out into your path at a junction. Allow it to get clear. Do not over-react by driving too close behind it.
I'd suggest there could be an offence evn if a collision did not occur: using the car to intimidate?
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From the description, its as if the Jaguar driver used more than the expected acceleration capabilities from standstill.
Nortones' suggestion is the closest to my observation at the time.
The cyclist would have thought himself OK even if the jag did move off. Could not anticipare thedriver (who was alongside me at the time) giving such a a heavy shove to the accelerator. Lovely loud burble, but Melton Street approaching Euston Road is not the place to exploit that sort of performance.
Same throttle/brake technique used again over Euston Road before taking the first left after the lights.
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Who cares? The police wouldn't bother to prosecute in either case.
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