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Advice needed - accident

chockhead819

War Hero
I had an accident this morning & wonder who's to blame. I was stationary by a full taxi rank when I told my daughter she could get out (rear passenger side) she opened the door hitting a cyclist who was under taking between parked taxis & myself.

So who's to blame my daughter or the cyclist
 

lonestar

War Hero
Was the taxi rank part of the road or was it located in a layby off the road. The reason I ask is because if it could be described as forming part of the road layout then the cyclist should have been on the far side of the taxis however if it was clear that it was in a layby and not part of the road then you/your daughter are unfortunately at fault.
 
Always blame the cyclists, they are not taxed or insured to be on the road anyway. They also think they are above obeying the highway code, very few of them have done any formal training to be on the roads.

Surely in most road traffic accidents the person approaching from the rear is always to make sure it clear to proceed and if an indicent happens then 9 x out of 10 it's the person behind at fault.

SM

:)
 

chockhead819

War Hero
lonestar said:
Was the taxi rank part of the road or was it located in a layby off the road. The reason I ask is because if it could be described as forming part of the road layout then the cyclist should have been on the far side of the taxis however if it was clear that it was in a layby and not part of the road then you/your daughter are unfortunately at fault.

the taxi rank is in a layby but surely by undertaking rather than overtaking the cyclist is in the wrong. I was parked next to the taxi rank, my left & he went between my & the taxi rank?
 

lonestar

War Hero
chockhead819 said:
lonestar said:
Was the taxi rank part of the road or was it located in a layby off the road. The reason I ask is because if it could be described as forming part of the road layout then the cyclist should have been on the far side of the taxis however if it was clear that it was in a layby and not part of the road then you/your daughter are unfortunately at fault.

the taxi rank is in a layby but surely by undertaking rather than overtaking the cyclist is in the wrong. I was parked next to the taxi rank, my left & he went between my & the taxi rank?

Were you stationary as part of a line of stopped traffic or had you come to a stop alone and not in a line of cars. If for example you had stopped in traffic waiting for lights to change and then opened a passenger door, you are at fault because you do not count as a parked car, therefore the cyclist was correct to pass on your left as he would have done if the cars were moving.
 

Sniffemout

Lantern Swinger
chockhead819 said:
I had an accident this morning & wonder who's to blame. I was stationary by a full taxi rank when I told my daughter she could get out (rear passenger side) she opened the door hitting a cyclist who was under taking between parked taxis & myself.

So who's to blame my daughter or the cyclist
United Kingdom - Highway Code rule 268 advises against undertaking on a motorway:[2]. On other roads you can "only overtake on the left if the vehicle in front is signalling to turn right" (rule 163). On all roads, undertaking is permitted if the vehicles in the lane to the right are queueing and slow moving.[3] Undertaking in an aggressive or reckless manner could be considered Careless Driving or more seriously Dangerous Driving, both of which are legally enforceable offences
 

2badge_mango

War Hero
supermario said:
Always blame the cyclists, they are not taxed or insured to be on the road anyway.

SM

:)

Speak for yourself mate! All members of the CTC automatically carry third party insurance up to £3,000,000. :wink:
Road tax has knack all to do with right to use the road.
Typical ignorant comment by driver who considers himself to be perfect in every detail and sod the rest. :evil:

2BM (71 years as a safe cyclist) :D
 
I think in the Highway code there is another rule which mentions when passing parked or stopped vehicles you should give a wide space between yourself and the vehicle being passed.
Reasons -----pedestrians being hidden from view and the chance of a
door being opened .

Sue the biker if the door of your car was damaged and also for causing your daughter distress at seeing a pedal cyclist fall of his bike and probably muttering obscene words about cars :lol: :lol:


G :fish:
 

Waspie

War Hero
I think Ginge me old mate it just may well be you!

You were the driver in charge of the vehicle.

The cyclist was simply making progress on the highway!

You allowed a passenger to alight your vehicle!

Hope you get away with it!!
 

lesbryan

War Hero
lonestar said:
Was the taxi rank part of the road or was it located in a layby off the road. The reason I ask is because if it could be described as forming part of the road layout then the cyclist should have been on the far side of the taxis however if it was clear that it was in a layby and not part of the road then you/your daughter are unfortunately at fault.

NOT correct if you are stopped on a main road with the curb on you pasenger side .The cycleist should have gone to your outside to pass.You never pass a vehicle be it car bus lorry bike stopped or moving to the lrft always to the right
 
I think that it goes to the tort of negligence as well as the Highway code.

I cannot comment on the status of a taxi rank. However was your daughter negligent in opening the door without looking? Is is likely that where you were stopped it was possible that a cyclist would 'undertake'? Then one considers whether the cyclist contributed to his accident by acting the way he did.

This negligence and the cyclists contibution could be used in assessing damages.
 

Topstop

War Hero
If an ambulance was called stand by for a bill.

If a motor vehicle is involved they always get one, if it is proved it is his fault you will have to sue the barsteward to get it back, not usually worth the trouble and the insurance companies wont be interested :(
 
Who cares who was to blame, just get your daughter sorted and get on with life...truth is you are unlikely to get anything more of the situation.
 

Scouse_Scribes

Lantern Swinger
You should have just kept driving back and forth over the cyclist until he stopped moving.

Its your word against his, no self respecting taxi driver will take a cyclists side over yours.
 
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