SMIDSY??

danlikesbikes

Think 167 is relevant to the cyclist & 180 to the car driver?

diy

Danlikesbikes wrote:

diy wrote:

Look at the cases there are different rulings for different scenarios for basically the same layouts. Speed of both drivers will be a factor.

Filtering on side roads is a no no for me from a safety point of view. But that does not make it your fault if you are hit. It just means you should have expected it.

The OP states that he hit the car on its side, not that the emerging car hit him & knocked him off. Think that speed and road layout, positioning of car & bike and witness statements would/will factor into this if it goes any further.

No you are reading too much in to my words you are hit/you hit them makes no difference. someone causes the accident. its a matter of liability which can be shared. who hits who, with a vehicle emerging in to path is a matter of timing. i had this happen a few years ago. van pulled out from driveway and i bounced off the side of his van.

danlikesbikes

diy wrote:

Danlikesbikes wrote:

diy wrote:

Look at the cases there are different rulings for different scenarios for basically the same layouts. Speed of both drivers will be a factor.

Filtering on side roads is a no no for me from a safety point of view. But that does not make it your fault if you are hit. It just means you should have expected it.

The OP states that he hit the car on its side, not that the emerging car hit him & knocked him off. Think that speed and road layout, positioning of car & bike and witness statements would/will factor into this if it goes any further.

No you are reading too much in to my words you are hit/you hit them makes no difference. someone causes the accident. its a matter of liability which can be shared. who hits who, with a vehicle emerging in to path is a matter of timing. i had this happen a few years ago. van pulled out from driveway and i bounced off the side of his van.

Wasn't reading too much into your words or making any different suggestions but was simply correcting what you had typed without doing the annoying FTFY an put a smily on the end.

Pross

As Gibdog states, all of those Highway Code points bar one are advisory. Only the give way is mandatory. The others may well be used as an example of driving / cycling below an accepted standard but they are not backed by legislation. The Highway Code is just a code of practice, you can't be prosecuted because you 'broke the highway code'. That said, as someone said up thread there's no point in being in the right if dead! If filtering, do it slowly and expect the unexpected. Likewise, if you are driving and emerging from a side road with restricted visibility you need to gradually edge out until you can see far enough. I have to do this every morning coming out of my road due to parked cars, do people expect cars / cyclists not to overtake these parked cars? I don't see the difference between a stationery parked car and a stationery car stuck in traffic to be honest.

danlikesbikes

You are right these rules are for guidance only though as only 165 is legal requirement.

As I've said before I think the OP was unfortunate but lucky to not be in a worse position & hopefully he will use his experience for the better and make sure he is even more vigilant whether in the right or wrong in order to ensure he remains in 1 piece whilst on his bike.

diy

Highway code rules are the basis for determining liability though. So the references are relevant. Its partly why there is a different level of care between motorist, cycle and pedestrian. Greater responsibility is placed on the motorist. This is also backed up by Legislation.