Laying the blame

knedlicky
knedlicky Posts: 3,097
edited April 2008 in The bottom bracket
On the way back from a ride yesterday evening, still with about 1½ miles to go, I was nearly hit by a car. I foresaw what might happen just in time, and abruptly swerved away from his path, while he, when finally noticed me, breaked hard, and so we narrowly missed each other. But afterwards I wondered how the police and the insurance might have decided our respective responsibilities, or guilt if you like, had there actually been a collision.

I was on the main road, going at about 20 mph, and he came out of a side street, without giving way to me. I think he didn’t notice me, although he had headlights on. It was 10-15 mins after sunset and because of heavy cloud duller than it might have been, though not yet dark, more dusk. There were street lights on, though fairly spaced out, and nearly all cars were driving with headlights, though I had no lights.

I know in the circumstances (time of day and weather) I would have been well advised to have lights, but I feel had there been a collision, the car driver would have been more to blame. Am I right?

Of course, I recognise being right may not have helped me much, had there been a collision.

(I was knocked down in bright daylight once by a car coming out of a side street and not giving way to me, and while I was flat on the road, bloody and only semi-concious, he drove off as soon as the ambulance arrived, leaving no record of who he was - it didn't help being in the right there!)