If this went bad.. who is to blame?

[cowboyz]

Went out for lunch today and on the way back I was turning right into a road and there was a car coming the opposite way turning left. He should give way to me. We both had our indicators on.

I tipped over into the corner and then realised he was not going to give way so I striaghtened the bike up and run wide as to let him go in front of me.
No problem.

Then halfway round the corner he decided to give way to me but by this time i was behind him. He slapped on the brakes and I did a "oh you little fucker emergency stop"


Now,.. If I had hit him would I be at fault for hitting the back of his vechile or would he be for not giving way?

[Colapop]

Road code says something about giving way to your right dunnit?

[hXc]

Road code says something about giving way to your right dunnit?Easy way to remember the Give Way rule.
If it can hit the driver's side (right hand side) of your vehicle, you stop.

[Storm]

him for the original offence so I would presume anything that results from it would also be his fault.Any coppers/lawyers to confirm this?

[JimO]

i would say that you would both get a ticket..just because there is more $$$ in it for the wallopers

[Skyryder]

You hit the back of the vehicle you pay. Sorry but them's the rules.

The one consolation from this is that you could 'giveway' Remember you are just as dead in the right as you are in the wrong.

Skyryder

[cowboyz]

You hit the back of the vehicle you pay. Sorry but them's the rules.

The one consolation from this is that you could 'giveway' Remember you are just as dead in the right as you are in the wrong.

Skyryder

wise words and I tend to ride quite aggressively around traffic making up my own rules as I go along. That might *sound* bad but it works. I could have cut in front of him in this instance and both myself and my bike would get run over, he would be at fault for not giving way and insurance would have paid out.

I *chose* to run wide putting myself behind him expecting that he was not giving way as he was already halfway round the corner. That is where the question comes in. If I was following him and we were both turning left and he stopped in the middle of the corner and I hit him I would be at fault.

[Sanx]

IANAL ... but ... Police-wise, you'd probably be fine. Insurance-wise, you'd probably get away with as well. You could quite justifiably claim that running wide was evasive action due to the cager's failure to give right. Evasive action is, by definition, something you do in an emergency. Should you have hit him, you could have gone on to claim that you had not enough time to recover from your evasive action before he slammed on his brakes. The impact was caused by the cager's two actions combined.

[Marmoot]

Now,.. If I had hit him would I be at fault for hitting the back of his vechile or would he be for not giving way?

Yes, fault for not taking care of your bike.

Regardless of who goes to jail, we're the one kissing the ground.

[Patrick]

IANAL ... but ... Police-wise, you'd probably be fine. Insurance-wise, you'd probably get away with as well. You could quite justifiably claim that running wide was evasive action due to the cager's failure to give right. Evasive action is, by definition, something you do in an emergency. Should you have hit him, you could have gone on to claim that you had not enough time to recover from your evasive action before he slammed on his brakes. The impact was caused by the cager's two actions combined.

WOT "E" SED SOUNDS GOOD...