Lane-splitting accident at offramp

[iijan]

Hi All,.

unfortunately i was involved in a motorcycle accident this morning at nelson st offramp,

as I was lane-splitting between stationary vehicles, the car on my left side popped open his door while waiting for red lights at the offramp,.

which then subsequently i drove right into the car door cutting my radiator in half. Luckily i came out the accident with no broken bones


Is lane splitting illegal in NZ?
Will the car owner's insurance company do me for lane splitting?

any help is appreciated,.

[jtzzr]

1:Hi
2:Bummer
3:Filtering
4:What a c#@t in a cage
5:Glad your`e ok
6:I think you in the doo
7:I`m usually wrong

[Swoop]

Opening a car door on traffic is illegal. If another vehicle hits it, the door-opener gets done.

If the cages are stopped for the lights, you are probably OK. Look here (http://www.kiwibiker.co.nz/forums/showpost.php?p=1828553&postcount=182).

[Quailboy]

Why did he open his door? Was it so you'd ride into it?

[Jantar]

If you were passing a stationary vehicle, on the right hand side while still in your lane, then you are in the right. Irrespective of the legality or otherwise according to the road rules, the driver is guilty of intentional damage to your vehicle.

[sAsLEX]

It is illegal to open a car door if it is going to do harm to anyone.

But your lane splitting might be semi-legal......

[Dave-]

stopped car is parked.

[Ragingrob]

If the cars are stationary you are filtering, not lane-splitting. You are pretty much riding between parked cars, completely legal on either side of the centre line.

Did they open their door on purpose to hit you?

[Forest]

Was it the driver door or passenger door that you ran into?

[rastuscat]

If you were passing a stationary vehicle, on the right hand side while still in your lane, then you are in the right. Irrespective of the legality or otherwise according to the road rules, the driver is guilty of intentional damage to your vehicle.

Just gotta love bush lawyers.

The offence is Carelessly Opening A Car Door.

To prove intentional damage you have to prove intent, and that is all but impossible unless you get an admission. Given that the plonka in the car almost certainly just did it out of carelessness or stupidity, the intentional damage charge wouldn't stick.

Regardless of whether you are right or not to have been lane splitting (I think you are right, as long as the cages were stationary), the door being opened and knocking you off was careless.

My tupennies worth.

[Mom]

I once got hit by both the passengers rear and front doors undertaking a stopped car on the left hand side. Not to be recommended. The rear door was opend by someone that did not look (not expecting me to launch into view mind) the front passengers door was opened by someone wanting to know what the hell was happening. Think it may have been that one that did my elbow and indicator.

People can open doors anytime, anywhere.

[iijan]

hi all,

thanks for your responses,

to answer some of the questions,

1. Cage driver opened his driver side door cause he wanted to get his bag from the back seat.. careless? or clueless...

2. after the impact, my bike and myself fell to another stationary car on my right side who subsequently gave me his card to act as a witness..

3. Both lanes the cars are stopped for the lights, as i travelled between the stopped cars, one of the left opened the driver door


the damage doesnt seem too bad, the radiator rad is broken leaking coolants,.. so that needs replacing.. and my left indicator light needs replacing too...

[Mystic13]

My understanding is;

1/ filtering past stationary vehicles is legal, (so you're okay there)

2/ in the road code you are not supposed to open your car door without checking your mirrors first and looking.

My thoughts are legally this guy is in the wrong.

If you're insured which I'm sure you are, and you have the witness details then the insurance guys sort it between themselves. If you want to make sure you retain your no claims and that your insurance firm wins then I'd discuss it with them and attach information for them.

Both of the above are in print so you should have no problems.

It's a bit of a problem when this happens. If the cars would have been moving it would have been a different story.

The funniest one I had was filtering down Remuera Road before Broadway and the passenger door flies open and I hit the brakes as a person jumps out. I manage to stop and for a few seconds we both have stunned looks. He's a little person and his face was dead in line with my head light. And I'm stunned because I've never had a car door fly open on me before and never in my wildest imagine would i have expected to have a startled (dwarf) little person in front of me.

He then shut the door and darted off between traffic.

So, me thinks, no problems, you're rock solid on this one.

[Squiggles]

Is lane splitting illegal in NZ?
Will the car owner's insurance company do me for lane splitting?

any help is appreciated,.

They wont be happy about it thats for sure... Got insurance yourself?

[CookMySock]

It is illegal to open a car door if it is going to do harm to anyone.Regardless if they KNEW it would do harm or not, it is still careless use of a motor vehicle causing injury. Careless doesn't have to be intentional.


1. Cage driver opened his driver side door cause he wanted to get his bag from the back seat.. careless? or clueless...It does not matter which. The law says it is careless use, so that is that.


after the impact, my bike and myself fell to another stationary car on my right side who subsequently gave me his card to act as a witness..Excellent. That is very useful for you.


Both lanes the cars are stopped for the lights, as i travelled between the stopped cars, one of the left opened the driver doorGood. Since he is on the left, and you are on the right, and he is stationary, then you are completely legal since you are passing on the correct side.

Time to make a complaint to the police and get him processed, then claim your damages from him.


Steve

[OutForADuck]

Law is a funny and complicated little beast. Are you in the right, probably yes and also to some degree no.. but then it also has to do with insurance companies and their legal rights.

Just stand your ground, fight your fight and try as hard as possible not to back down.

You have some rights on your side and he doesn't have many on his.... Good luck.. Glad to see your not hurt.

[imdying]

Just gotta love bush lawyers.Out of interest, what's your qualification? Can your advice be trusted?

[Slyer]

He's a cop iirc.

[slimjim]

well that will do it alright...good advice...glad you are ok and bike is easy to fix...

[Mystic13]

I did a quick search on the online road code (which incidentally has no motorcycle information that I can find but...)

So, here's the relevant section. The car dude is responsible under the road code for making sure the road is clear before opening his door. So, that rule put's him at fault in that area.


http://www.landtransport.govt.nz/roadcode/about-driving/how-to-park-safely.html

Check the 3rd point down.

________________

You need to ring the police or read the road code to find the rule about lanesplitting being okay past stopped cars. I would think even if it isn't covered (which I'm sure it is) the car guy is still at fault.

Lastly I would think that it may not be legal to exit a car on the motorway (which the off ramp forms part of) except in emergency situations. In which case you need to be on the side of the motorway unless broken down. Hopping out of your car to get a bag would seem pretty thin.

I'm still confident that it's the car drivers fault.

Good luck with it all and if you get a police person that says lane splitting is illegal on stationery cars then post up. I think they would be wrong. Sometimes, law enforcement folks can be a little grey on motorcycle rules.

Cheers

[CookMySock]

You need to ring the police or read the road code to find the rule about lanesplitting being okay past stopped cars. I would think even if it isn't covered (which I'm sure it is) the car guy is still at fault. There is a part that says you are allowed to pass a car on the right, providing there is room, or when there is a yellow no-passing line then you may still pass provided you remain in your lane. I would be tempted not to use the terms "lane splitting" or "filtering" and stay with "passing", mainly in an attempt to not draw attention to ourselves.


Good luck with it all and if you get a police person that says lane splitting is illegal on stationery cars then post up. I think they would be wrong. Sometimes, law enforcement folks can be a little grey on motorcycle rules.Yeah and we don't reeeeely want them to feel the need to "clarify" these rules.


Hopping out of your car to get a bag would seem pretty thin.Yeah its pretty clear the idiot saw him coming and intentionally trashed him, but theres no legal avenues there to follow I think. The cops MIGHT get on a mission to help him if he says "some wanker opened his door on me deliberately and injured me and smashed my bike" - even if there is no way to prove this the fuzz will possibly go into "oooh but we can dooo him for this, and this, and this..", as they do. Can you borrow an arm sling and practice your limp a bit? :innocent:

Steve

[MarkH]

Just stand your ground, fight your fight and try as hard as possible not to back down.

You have some rights on your side and he doesn't have many on his.... Good luck.. Glad to see your not hurt.

Hmm, OutForADuck seems to have already covered what I was thinking - I agree 100% with this!

How many cyclists & bikers have been injured by careless car users that are too fuk'n dumb to check their mirrors before opening their doors? I have also been close to removing doors while driving a cage - sometimes you don't have enough room to give the parked cars a wide berth, they should always check before opening a door into traffic.

[swbarnett]

I have also been close to removing doors while driving a cage
I heard a tale of a guy that got his arm taken of this way because his grip on the door handle was stronger than his arm (urban myth? maybe...)