Witnessed a bike accident this morning..who was at fault?

I expect at the very least to hear from an insurance company and I suppose I could potentially hear from the Police again if they decide there was some dangerous driving/riding occurring.

I just wanted to see what other people’s opinion was, because when I first witnessed I felt the scooter rider was almost entirely to blame, but on reflection as I said, the car driver also showed very little care when pulling out and almost certainly assumed it was because he had been signalled to pull out.

Road marking shown in diagram 1001.3: zig-zag lines—no overtaking28.—(

  1. Without prejudice to regulation 27, a zig-zag line shall convey the requirement that, whilst any motor vehicle (in this regulation called “the approaching vehicle”) or any part of it is within the limits of a controlled area and is proceeding towards the signal-controlled crossing facility to which the controlled area relates, the driver of the vehicle shall not cause it or any part of it—

(a)to pass ahead of the foremost part of any other motor vehicle proceeding in the same direction; or

(b)to pass ahead of the foremost part of a vehicle which is stationary for the purpose of complying with the indication given by a traffic light signal for controlling vehicular traffic.

(2) In paragraph (1)—(a)the reference to a motor vehicle in sub-paragraph (a) is, in a case where more than one motor vehicle is proceeding in the same direction as the approaching vehicle in a controlled area, a reference to the motor vehicle nearest to the signal-controlled crossing facility to which the controlled area relates; and
(b)the reference to a stationary vehicle is, in a case where more than one vehicle is stationary in a controlled area for the purpose of complying with the indication given by a traffic light signal for controlling vehicular traffic, a reference to the stationary vehicle nearest the signal-controlled crossing facility to which the controlled area relates.

Traffic Sign Regs 2004, Reg 28.

According to this, it is illegal to cross the front of a vehicle ‘proceeding in the same direction’ (i.e. moving, in my understanding) or stationary because of a red/yellow light.

No mention of crossing the zig-zag line, or not overtaking vehicles which have stopped for the light, unless it is the vehicle at the front of the queue, and only for the light (i.e. not because of weight of traffic).

I’d say insurance point of view as long as scooter person wasn’t flying down its the car drivers fault, he pulled out when he couldn’t see but they will fight it I would.

All bikers need to be defensive, gap in traffic, coming to junctions roll off and keep your eyes peeled…I had a near miss on the holloway road, bus and van stopped, a car turning right into a side road which i slowed down for, once it was clear i went to set off but the bus and van waited to let the another car in the side road pull out…

A fascinating debate. I suspect this is one of the most common accident scenarios involving motorcyclists and scooterists (liking that description :P).

I bet we’ve all had very close calls because of these situations and where we’ve lived to tell the tale, we’ve learned lessons from the moment.

I know that spot on Commercial Road, it’s on my daily commute. In fact, the entire length of Commercial Rd is like this.

My strategy as I ride it is to look first diagonally into roads on the left and right as I approach them then say “clear” or “not clear” out loud to myself depending on whether I can see vehicles coming up to, waiting at or pulling out of the junction.

Doing this seems to help increase my focus and concentration.

And if I can’t see the junction because it’s obscured by standing traffic, I roll off and proceed cautiously.

Filtering on the inside of traffic on Commercial Rd is a complete no.

All in, I think the vast majority of the blame in this case lies with the scooterist.