Last night i was on the bike and i went to filter past a White Van when the driver flicked a Fag out the window, it hit my Visor and went off like a firework in front of my face!! luckily enough i was at low speed and didn’t loose control, the driver was very appologetic and i beleive he didn’t mean it and it was just an unfortunate bit of bad timing.
But it got me wondering…
What if id lost control and come off? Who is to blame? would it be the Van Driver or mine? who would pay the insurance???
It happened to me:
I didn’t have any real way to trace them so I ended up repairing it myself, first with the bodge shown on the thread, then by buying replacement panels.
I suspect that he would be at fault, and would be required to stump up in insurance terms…if you could prove what happened.
You have a duty of care to other road users, and he would have failed in that duty of care by throwing a cigarette out of the window into your visor. I think it would be deemed negligent to throw something out of a moving vehicle without checking whether it was safe to do so.
I think Kaos is right on this. He has thrown something out of his vehicle which the least offense if littering. If it causes an accident then he would be responsible, whether he stuck around and admitted it is another question.
If it’s a company vehicle not private then he’s breaking the law by smoking in it as well.
Good point that man. I’d forgotten about that, sacking offense where I work if smoking in any company vehicle.
Its a Disciplinary Offence at BT, If you do it again after the disciplinary then it’s Gross Misconduct and a sackable offence