whose fault ? opinions ?

[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