New user + Advise on accident

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Vorpal
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Re: New user + Advise on accident

Postby Vorpal » 5 Dec 2019, 1:29pm

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.
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mjr
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Re: New user + Advise on accident

Postby mjr » 5 Dec 2019, 3:16pm

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.
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Vorpal
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Re: New user + Advise on accident

Postby Vorpal » 5 Dec 2019, 3:29pm

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.
“In some ways, it is easier to be a dissident, for then one is without responsibility.”
― Nelson Mandela, Long Walk to Freedom

Pete Owens
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Re: New user + Advise on accident

Postby Pete Owens » 5 Dec 2019, 4:14pm

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.

dim
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Re: New user + Advise on accident

Postby dim » 5 Dec 2019, 6:43pm

Just out of interest, how much compensation are you claiming?