whose fault ? opinions ?

[simonm]

1 min 34 for the start.

[simonm]

My opinion: Excessive acceleration in a built up area but the driver of the car should have been more cautious. Avoidable but drivers fault for emerging.

[Punkstig]

Whoopsie.
This is why I got my gopro on all the time.

[stevierst]

It looks like 50/50 to me. She should have been more cautious, but so should have you.
Personally I don't spank it when there's stationary traffic on the opposing carriageway for many reasons including this one, the risks are just too great!
She has committed an offence by not stopping at the scene of an accident, and as for her being in a pub??? Well how do you prove she's been drinking?
I think the cops have dealt with it the right way, and tbh your lucky they did anything at all. You don't know what she said when the cops spoke to her, nor what they made of your video, but I've got a good idea.

I hope you have a speedy recovery bud, and are back in the saddle soon. Look into an IAM course once your all fixed, they show you techniques which you generally don't think of in situations like that. It just might help.

[simonm]

It wasn't me.  Phew.

[Lazarus]

definately looked a painful one.

little bit of observation may have helped (queue of stationary traffic + buildings on the other side = potential of access to the road THROUGH the traffic)
           ....Biker -1

HOWEVER, the car pulled out when unsafe to do so - I blame the car driver.
           ....Car -1

Car left the scene of the accident (I thought that this was an offence)
           ....Car -1

Reaction was to grab a handful of brake - causing bike to stop radically. did he need to brake so hard - if I remember the biker grabs a handful only when the car was almost fully pulled out yet he could have braked earlier when he spotted the nose of the car.

all this is easy to comment on from a big comfy chair - not sure if it would be any different if we were in the same scenario.

[jon]

Sorry, but I would say 70% you fault, 10% cars fault, 20% just one of those things.

70% your fault for going too hard in traffic... I know you say it was only 30 in a 40 zone, but you were gunning it a fair bit, and still accelerating and changing up when it happened, your increasing velocity counted for a lot more than your actual speed if that makes sense. Had you been taking it steadier you might have noticed the gap left in traffic for that entrance. Not meaning to preach, I am probably just as guilty when I pull away from the lights with an empty lane in front of me, but I've been lucky so far.

10% her fault for not being more observant, but if she looked left as she pulled out you MAY have been obscured by her door pillar for the split second she looked. At the rate that you were approaching her she might not have had a chance to look twice, even though she should... her 1st look may have shown her that nice long empty road to the lights. As for leaving the scene, well she obviously didnt see you because she pulled out, and you didnt hit her so maybe she didnt even know it happened... music on, having a conversation etc. Unless she glanced in her mirror she might have just put the horn beeping down to someone in the queue of traffic beeping...

And 20% just one of those things. You were both guilty of poor observational skills, but unfortunately you came off worse. Accidents happen, its not like she deliberately rammed you then drove off.

None of us are perfect drivers, nobody here can honestly say that they have never driven whilst tuning the radio, talking to a passenger or maybe lighting a fag. Momentary lapses of concentration DO happen. Im just glad that you were not seriously hurt, I once had an 'up and over' when I wasnt paying enough attention to the car in front of me, I was lucky too, but it does happen.

Chalk it up to experience, and if the insurance say 50/50 fault then that sounds fair enough.

[Lawrence]

Car.  They went over a give way line and didn't give way.  More caution on the part of the bike could've prevented it but that doesn't make it his fault.
 
As for leaving the scene, I guess since there was no collision they weren't actually involved.  He'd have probably been better off insurance-wise to drive into her.

[redthunder]

I can't help but feel things would have worked out better for you if you belted into the side of her car.


In the heat of the moment I can't say what I would have done but I wouldn't be accelerating that hard or be in the center of the road either, i'd be over to the left side of the lane in case anything like this did happen to give a little more reaction time.

[clayt74]

Sorry, but I would say 70% you fault, 10% cars fault, 20% just one of those things.

70% your fault for going too hard in traffic... I know you say it was only 30 in a 40 zone, but you were gunning it a fair bit, and still accelerating and changing up when it happened, your increasing velocity counted for a lot more than your actual speed if that makes sense. Had you been taking it steadier you might have noticed the gap left in traffic for that entrance. Not meaning to preach, I am probably just as guilty when I pull away from the lights with an empty lane in front of me, but I've been lucky so far.

10% her fault for not being more observant, but if she looked left as she pulled out you MAY have been obscured by her door pillar for the split second she looked. At the rate that you were approaching her she might not have had a chance to look twice, even though she should... her 1st look may have shown her that nice long empty road to the lights. As for leaving the scene, well she obviously didnt see you because she pulled out, and you didnt hit her so maybe she didnt even know it happened... music on, having a conversation etc. Unless she glanced in her mirror she might have just put the horn beeping down to someone in the queue of traffic beeping...

And 20% just one of those things. You were both guilty of poor observational skills, but unfortunately you came off worse. Accidents happen, its not like she deliberately rammed you then drove off.

None of us are perfect drivers, nobody here can honestly say that they have never driven whilst tuning the radio, talking to a passenger or maybe lighting a fag. Momentary lapses of concentration DO happen. Im just glad that you were not seriously hurt, I once had an 'up and over' when I wasnt paying enough attention to the car in front of me, I was lucky too, but it does happen.

Chalk it up to experience, and if the insurance say 50/50 fault then that sounds fair enough.

yep i do agree with the above, the rider should have been riding more defensively in those conditions, also the rider was late on the brakes and i think unnecsessarily hard as the car did accelerate away pretty quick.
also i think his road position also contributed to the car not seeing him, i would have been in the middle of the lane.
a harsh lesson but hopefully something he will learn from

[Grahamm]

1 min 34 for the start.

I'd say the majority of blame goes to the driver, she was pulling out and failed to make proper observation that it was clear and safe to do (I won't even mention the "failing to stop"...!)

However I think the biker should have taken greater care, the pub exit was visible and the front of the car could be seen whilst he was still accelerating. There should have been sufficient distance for him to stop safely instead of panic braking and locking the front wheel.

Unfortunately even if he was 100% "in the right" it isn't going to make it hurt any less if someone else does something stupid, so you always need to take account of this.

[evesdad]

If that was 30mph I can fart fivers

[simonm]

It wasn't me.  Phew.

Just to quote me.  It wasn't me.

[sadlonelygit]

If that was 30mph I can fart fivers

and the car driver had no actual reason to stop as they had not been involved in a collision.
80/20 imo against the rider.














i've told my nana to be more careful

[Phil]

Racing incident.



Might watch it later once I've made a cuppa 

[Bornagain again]

What shite riding.  Cant stop a bike at 30?

[Phil]

The rider was hardly gunning it. Snicked it into 2nd gear just after pulling away, looked/sounded like 3rd slected at around 6-7,000.  The wide angle lense makes it looks like he was going faster. Riding in the middle of the road. Car driver is to blame, mostly.  Paniced a bit to cause the stoppie, must have has his eyes popping out of his head.

[VNA - BMW Wank]

As the late great Barry Sheene said - there's no point lying in a hospital bed protesting but I had right of way.

Or something like that.

Whoops.

Yup an accident waiting to happen.  Done something similar myself, and figured out later I could have maybe avoided the situation altogether. 

Helmet cams?  Been plenty of times a helmet cam could have been really useful to me.

However do they not work both ways?  You know perhaps if the cops get hold of your helmet cam you might get put away!

[steeeve66]

Did everyone see the same footage as me? 70% the riders fault?? Really??
In my view: 85% the drivers fault, 10% 'one of those things' and, possibly, 5% the rider. Those cameras have wide angle lenses making the speeds look far greater. I don't think the speed was an issue, if it were then the injury would have been far greater. In the end the driver emerged in to the riders' lane without looking.
S

[HazzaBui]

Car.  They went over a give way line and didn't give way.  More caution on the part of the bike could've prevented it but that doesn't make it his fault.
 
As for leaving the scene, I guess since there was no collision they weren't actually involved.  He'd have probably been better off insurance-wise to drive into her.

This.  I'm surprised so many people are coming down on the side of the car here - they pulled out without looking, and caused an accident. 
As far as the 'aggressive acceleration' argument goes - that could easily have been a car coming straight through the previous set of lights, at the full speed limit (and I doubt they would've avoided rear ending her).


tl;dr I think definitely the cars fault, but I agree that with better observations, the rider could probably have avoided the accident.

[Slaninar]

She's a bitch for not having stopped - to see if you're OK.

You're inexperienced:
1) too much speed
2) poor braking


What I see right and fair is her paying for motorcycle and health costs and you taking her out for a dinner and fucking her brains out in return. 

[smithfz]

it was clearly the bug splat on the visor that blocked the car from view obviously the bikers fault... jeesh that was easy...

[smithfz]

Did i forget to mention that it may have been wind direction, that can be a crucial factor in these situations...

[slimwilly]

Now anyone watching can see why you have to ride as if everone is out to get you, so ====dont let them, just be more bloody careful.


A rider must look for all the ways a car is going to get them,,who gives a fuck whose fault it is,,the rider could be dead,,,,,,,not fun then is it.,,


Ride awake fellow fokkers

[AdieR]

I think it's a mixture of fault.

The bike's speed may not have been excessive in numerical terms - but any decent middleweight bike will out-accelerate almost any car (thus, the car, having come out, was never going to be fast enough to get out of the bike's way). Along with that, a small, fast-moving bike is easily missed ("where the f**k did that come from?"). People often talk about a big bike having acceleration and power to get you out of trouble - but it can get you into it just as quickly; it works both ways.

It's also a busy road and quite possibly difficult for a driver to see over the top of the traffic that is there, however hard she looked - the rider should have accounted for that.
The fact that the car came out of a pub car park does not mean "she had a drink" either. The fact that the video states it's a pub car park suggests the rider is familiar with that road, and maybe should have accounted for that junction being there (and the possibility of traffic).

All said and done - that car could have been a child erratically running out onto that road - what then?