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Re: New user + Advise on accident

Posted: 5 Dec 2019, 1:29pm
by Vorpal
mjr wrote:
Vorpal wrote:As for my opinion, if the driver was turning, he certainly bears responsibility for ensuring that it was clear to do so. Your case is stronger if you were in a cycle lane. As pointed out by mjr above, if you were filtering (overtaking) at a junction, and not in a separate lane, the HC does say not to, which could be the justification for 20% shared liability.

I don't see a cycle lane or not as changing the HC advice not to overtake past junctions although it does mean the driver broke more HC rules, but I think 20% seems harsh because almost everyone ignores the junction overtaking advice in my experience so the driver really shouldn't be relying on it and I bet they were unaware of it.

If the OP was in a cycle lane, they weren't overtaking. One lane was going faster than the other.

Re: New user + Advise on accident

Posted: 5 Dec 2019, 3:16pm
by mjr
Vorpal wrote:
mjr wrote:
Vorpal wrote:As for my opinion, if the driver was turning, he certainly bears responsibility for ensuring that it was clear to do so. Your case is stronger if you were in a cycle lane. As pointed out by mjr above, if you were filtering (overtaking) at a junction, and not in a separate lane, the HC does say not to, which could be the justification for 20% shared liability.

I don't see a cycle lane or not as changing the HC advice not to overtake past junctions although it does mean the driver broke more HC rules, but I think 20% seems harsh because almost everyone ignores the junction overtaking advice in my experience so the driver really shouldn't be relying on it and I bet they were unaware of it.

If the OP was in a cycle lane, they weren't overtaking. One lane was going faster than the other.

That's a narrower definition to that used by the Highway Code. Permission to pass on the left in slow moving lanes is in an overtaking rule, rule 163.

Re: New user + Advise on accident

Posted: 5 Dec 2019, 3:29pm
by Vorpal
mjr wrote:
Vorpal wrote:
mjr wrote:I don't see a cycle lane or not as changing the HC advice not to overtake past junctions although it does mean the driver broke more HC rules, but I think 20% seems harsh because almost everyone ignores the junction overtaking advice in my experience so the driver really shouldn't be relying on it and I bet they were unaware of it.

If the OP was in a cycle lane, they weren't overtaking. One lane was going faster than the other.

That's a narrower definition to that used by the Highway Code. Permission to pass on the left in slow moving lanes is in an overtaking rule, rule 163.

Fair enough; but the explicit permission, IMO, makes the OP's case stronger.

Re: New user + Advise on accident

Posted: 5 Dec 2019, 4:14pm
by Pete Owens
Vorpal wrote:
mjr wrote:
Vorpal wrote:As for my opinion, if the driver was turning, he certainly bears responsibility for ensuring that it was clear to do so. Your case is stronger if you were in a cycle lane. As pointed out by mjr above, if you were filtering (overtaking) at a junction, and not in a separate lane, the HC does say not to, which could be the justification for 20% shared liability.

I don't see a cycle lane or not as changing the HC advice not to overtake past junctions although it does mean the driver broke more HC rules, but I think 20% seems harsh because almost everyone ignores the junction overtaking advice in my experience so the driver really shouldn't be relying on it and I bet they were unaware of it.

If the OP was in a cycle lane, they weren't overtaking. One lane was going faster than the other.

That is still overtaking. ie:
"the act of one vehicle going past another slower moving vehicle, travelling in the same direction, on a road."
While it may be acceptable to overtake on the left with care in such circumstances - all the other HC rules still apply for circumstances where you should not attempt to overtake - such as approaching junctions or pedestrian crossings. The reason for this is fairly obvious; the vehicle you are overtaking hides you from the view of the driver who is expected to give way to you.

Re: New user + Advise on accident

Posted: 5 Dec 2019, 6:43pm
by dim
Just out of interest, how much compensation are you claiming?