rareposter wrote: 10 Dec 2025, 8:48am
axel_knutt wrote: 10 Dec 2025, 12:22am
If a driver knocks you off the bike and leaves you in a wheelchair, then claims in court that it was your fault for not using an approved lamp, the only choice you'll have had in the whole matter is whether you bought an approved or unapproved lamp in the first place.
Genuine question but has this *ever* actually happened? It gets brought up all the time (especially on here!) as a possibility but I've never heard of it being referenced in any manner.
Sorry m'lud, I was proceeding along the road and spotted a red light ahead of me but as it obviously didn't comply with BS 12345 or EU Directive 98765 I drove straight into it.
Sorry m'lud, I didn't see the cyclist.
Ah, well, Good Honest Driver, as the cyclist's multiple highly visible lights did not comply with a law written in 1980 and one pedal reflector was obscured by mud, I find you innocent of Causing Death by Dangerous Driving, leaving the scene and then claiming you'd hit a deer.
As you're hinting, the last time I looked for cases testing this in court, probably more than 10 years ago, any driver's (or probably the driver's insurer's lawyer's) argument that the collision would have been avoided if the victim's lights had been better was always pretty much shot down because drivers are required to drive so they can stop safely within what they can see to be clear. It doesn't matter whether what the driver hit was legally lit, had failed lights, or was something like a fallen tree that didn't even have lights to begin with.
Similar findings happened in civil cases too, but I think sometimes they also relied on the unlit/mislit vehicle being stopped or proceeding straight ahead with priority and the vehicle making what I'd call the less normal movement (often overtaking) being more liable, so not needing to rule on the lights.
I think there were relatively few cases reaching court since judgments were published online, so I widened the search to include ones involving motorcycles too. And sadly, in motorist-involved collisions where cyclists were killed or seriously injured at night near me (so I got all the local reporting at the time and sometimes spoke with reporters or activists who attended court), any bike light seems to have been either destroyed or lost due to the force of the impact. In one case, an 80+mph collision in a 50mph zone, even the bike and rider were thrown far enough from the road that it took more than an hour for them to be found.
So I suspect claims of unapproved or weak lights don't reach court very often. I don't worry too much about those. My main reason for supporting StVZO lights is that I think it's the easiest way to get a decent non-antisocial light, not to worry about what lawyers might say if things go wrong. That said, it might be interesting to look for recent cases involving claims of being dazzled, as lights have kept getting brighter. Even involving illegal car LED upgrades. The courts have probably drawn a line somewhere if legislation was vague.