Whose fault

M94

Was filtering through traffic today at around 40 km/h (too fast I know) and a cyclist just moves into my way through the cars without even looking and forces me to brake significantly. Just wondering if I would hit him whose fault it would be? His for not looking and letting traffic through or mine for not seeing him.

jimgoose

Yours. You don’t hit what's in front of you.

Del2005

It's always the person who is most vulnerable who gets least blame. If you hit the cyclist then you'd be at fault, but if a car did the same manoeuvre as the cyclist then they'd be at fault.

corcaigh1

M94 wrote: »

Was filtering through traffic today at around 40 km/h (too fast I know) and a cyclist just moves into my way through the cars without even looking and forces me to brake significantly. Just wondering if I would hit him whose fault it would be? His for not looking and letting traffic through or mine for not seeing him.

Yours, the joys of motorcycling. You always need to be aware of this type of behaviour

Alkers

Del2005 wrote:

It's always the person who is most vulnerable who gets least blame. If you hit the cyclist then you'd be at fault, but if a car did the same manoeuvre as the cyclist then they'd be at fault.

Del2005 wrote:

It's always the person who is most vulnerable who gets least blame. If you hit the cyclist then you'd be at fault, but if a car did the same manoeuvre as the cyclist then they'd be at fault.

What if it's bike on bike or cyclist on cyclist?

zoe 3619

Yours,I'm afraid.
In slow moving traffic you should expect pedestrians to be trying to cross the road between the cars etc,and allow for that.
Having said that,he certainly wouldn't have been blameless.

eeguy

Simona1986 wrote: »

What if it's bike on bike or cyclist on cyclist?

If two cyclists crash then no one's to blame. The least injured party cycles away and doesn't leave any info.

Rackstar

Simona1986 wrote: »

What if it's bike on bike or cyclist on cyclist?

The fatter one.

What utter nonsense, most vulnerable my a***

Del2005

Simona1986 wrote: »

What if it's bike on bike or cyclist on cyclist?

50/50

Rackstar

Del2005 wrote: »

50/50

Smart car v Pajero? Pajero??
Mini v Transit? Transit??

Wonda-Boy

Your fault I am afraid, even if you were not filtering which is illegal (grey area). You really need to filter very slowly, the way I see it even if I crawl along I am still beating the traffic

Del2005

Wonda-Boy wrote: »

Your fault I am afraid, even if you were not filtering which is illegal (grey area). You really need to filter very slowly, the way I see it even if I crawl along I am still beating the traffic

Filtering isn't illegal so there is no gray area. But you do need to be doing it slowly and be extra vigilant for people changing lanes or crossing the road.

prinzeugen

zoe 3619 wrote: »

Yours,I'm afraid.
In slow moving traffic you should expect pedestrians to be trying to cross the road between the cars etc,and allow for that.
Having said that,he certainly wouldn't have been blameless.

As I found out when I hit a ped outside the Central Bank, you are only automatically at fault if you hit a ped within x meters (can't remember exact figure now) from a designated crossing point.

OP, if you had hit the cyclist I would say he would be 100% at fault as they were going at right angles to the main flow of traffic.

No different to someone pulling out a side street into your path.

Wonda-Boy

Del2005 wrote: »

Filtering isn't illegal so there is no gray area. But you do need to be doing it slowly and be extra vigilant for people changing lanes or crossing the road.

Its not LEGAL either!

I did say "grey area" and that to me with the Garda in this country is illegal. As more often then not you are gonna get done by them. I do not trust a Garda to enforce common sense to this issue, especially if he/she is having a bad day you are getting done.

Same can be said about riding in the bus lanes.

I have been stopped before by the Police purely for filtering in both the North and South of the country and told Its illegal and not do it.

Direct Response from the RSA on the matter:-

While there is no legal definition of filtering in the Road Traffic Act,
motorcycle riders may be prosecuted under the Road Traffic Act for:-
Riding a motorcycle in a dangerous manner, riding without due care and
attention to other road users, breaking the speed limit while filtering
etc. It would be at the discretion of an Garda at the time, as to what
section of the road traffic act, the rider may be prosecuted under.

It would be par the course for a copper down here to say filtering is riding without due care and attention to other road users.

listermint

Wonda-Boy wrote: »

Its not LEGAL either!

I did say "grey area" and that to me with the Garda in this country is illegal. As more often then not you are gonna get done by them. I do not trust a Garda to enforce common sense to this issue, especially if he/she is having a bad day you are getting done.

Same can be said about riding in the bus lanes.

I have been stopped before by the Police purely for filtering in both the North and South of the country and told Its illegal and not do it.

Direct Response from the RSA on the matter:-

While there is no legal definition of filtering in the Road Traffic Act,
motorcycle riders may be prosecuted under the Road Traffic Act for:-
Riding a motorcycle in a dangerous manner, riding without due care and
attention to other road users, breaking the speed limit while filtering
etc. It would be at the discretion of an Garda at the time, as to what
section of the road traffic act, the rider may be prosecuted under.

It would be par the course for a copper down here to say filtering is riding without due care and attention to other road users.

only if you are doing it in a ridiculous manner.

tbh ive found Guards to be quite reasonable with motorcyclists.

zubair

Tough one but the cyclist is uninsured and proabbly dead after you hit them so best of luck getting your bike sorted.

In town you need to shoulder check the sh1t out of every move you make and cyclists never do so be vigilant they will cycle out in front of you all the time, they will try and go around you too even when youre filtering so shoulder check again anyway.

Del2005

Wonda-Boy wrote: »

Its not LEGAL either!

I did say "grey area" and that to me with the Garda in this country is illegal. As more often then not you are gonna get done by them. I do not trust a Garda to enforce common sense to this issue, especially if he/she is having a bad day you are getting done.

Same can be said about riding in the bus lanes.

I have been stopped before by the Police purely for filtering in both the North and South of the country and told Its illegal and not do it.

Direct Response from the RSA on the matter:-

While there is no legal definition of filtering in the Road Traffic Act,
motorcycle riders may be prosecuted under the Road Traffic Act for:-
Riding a motorcycle in a dangerous manner, riding without due care and
attention to other road users, breaking the speed limit while filtering
etc. It would be at the discretion of an Garda at the time, as to what
section of the road traffic act, the rider may be prosecuted under.

It would be par the course for a copper down here to say filtering is riding without due care and attention to other road users.

Big difference between something not being legal and being illegal. Plenty of bikers filter everyday in this country and aren't getting done. I know people who got stopped in bus lanes or filtering too fast, I don't know a single person who got done for filtering or riding in a bus lane. Just like everything else to do with the Gardaí if you don't ride like an ass then you don't get done. I find that unless you give the Garda an attitude they wave you on or once I did get a tip when I was stopped on a friend's bike with no tax and a worn ignition barrel so I had the key in my pocket, he told me to get a new clutch cable as the one on the bike was down to a few strands.

Breaking the posted speed limit will get you done by a Garda if you are filtering or not, if you are breaking the posted limit while filtering then it's dangerous and you deserve what ever you are charged with.

FiftyNine

Your fault. As far as I know the cyclist is regarded as a 'pedestrian controlled vehicle' and anyone who hits them is at fault.