exactly, but the question was asked, and from a legal viewpoint my theory is they're both fucked.Originally Posted by Ixion
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exactly, but the question was asked, and from a legal viewpoint my theory is they're both fucked.
"A shark on whiskey is mighty risky, but a shark on beer is a beer engineer" - Tad Ghostal
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The motorcyclist is in the wrong.
If they had of been doing 100 then they would have been futher up the road and missed the
situation completely.
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Unless the cage arrived 5 seconds earlier.
All in the wrong but I'd say motorcycle created the problem. Giving way can get trickier when you've done it hundreds of times with only folks obeying the rules approaching, and then suddenly have a speeder on your hands who when you looked at in a roughly straight line didn't really seem to be until he was in your door. Still wrong though. And speeding will just invite people to cock up giving way to you.
Forum whore
The rider is at fault. The car driver could not be expected to to tell that an approaching vehicle was travelling that fast in a 50km/h area. I bet the bike hypothetically had its headlight on as well making it even harder to judge its speed. The rider is also at fault for approaching an intersection half hidden by a parked bus and placing himself on the bit of road that has the least skid resistance. He is also quite clearly at fault for wearing a hi/viz vest.
The car driver will get done for failing to give way and careless causing injury, and it will be another one of those "bloody cagers" who caused the crash and will be used to justify the claim that car drivers cause most bike crashes when really the rider gave him little chance to avoid it. Like many have said here and in other threads, the rider will come off worse so in the end it doesn't matter who is in the wrong.
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Celestine Prophet
Bike rider was in the wrong. How can you expect the cage driver to know that the bike rider is (a) speeding for the speed limit in that area. In the 'if not but for' legal argument the accident would not have happened if the bike rider had not been speeding and was in the position in the road when they were. If the rider has been riding at the legal limit I would have thought that the car would have been out of the way before the bike would have had chance to get to the position of the accident (IMO).
We're just two lost souls swimming in a fish bowl, year after year,
Running over the same old ground.
What have you found? The same old fears.
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Forum whore
Both at fault but the motorcyclists a cock and in pain.... richly deserved IMHO.
111000101000100010011110
Turns out not, well as I figure it anyway.
If the biker had been traveling at 55kmhr (thats considered pretty legal) as opposed to 76kmhr, they would have taken an extra 1.8seconds to get to the intersection from 100m, also at 55kmhr 100m is 6.6 secs away. However if we go furthur, it takes approx 20m to stop from 50kmhr, or 40m from 76kmhr. So for the biker to be unable to stop the cager must have pulled out when the biker was 40m away.
Oops, just re-read first post, was it really a hundred meters? thats plenty of room to stop...speed up....and stop again....if you wanted. So fully the bikers fault if they can't stop in a hundred meters!
Anyway, back to dathifying the thread some more
40m away then gives 0.72 second difference between the two speeds. So for the driver to clear the intersection and avoid a 55kmhr rider hitting them, but still have the 76kmhr rider hit them it is a fine line indeed, assuming that the car is 5m long and has an average speed of 10k, itll occupy most of the intersection for around that time anyway, so in the hypothetical case (not the 100m one) the car is definetely at fault for failure to give way.
"A shark on whiskey is mighty risky, but a shark on beer is a beer engineer" - Tad Ghostal
gee wizzz
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gee wizzz
Sorry guys The point I was trying to make was if you're speeding on a suburban road then eventually ya gotta expect someone to pull out in front of ya. How it ends well heck thats up to luck.
To see a life newly created.To watch it grow and prosper. Isn't that the greatest gift a human being can be given?
Celestine Prophet
But did the cage driver see the bike when he pulled out or was it behind the bus?Turns out not, well as I figure it anyway.
If the biker had been traveling at 55kmhr (thats considered pretty legal) as opposed to 76kmhr, they would have taken an extra 1.8seconds to get to the intersection from 100m, also at 55kmhr 100m is 6.6 secs away. However if we go furthur, it takes approx 20m to stop from 50kmhr, or 40m from 76kmhr. So for the biker to be unable to stop the cager must have pulled out when the biker was 40m away.
Oops, just re-read first post, was it really a hundred meters? thats plenty of room to stop...speed up....and stop again....if you wanted. So fully the bikers fault if they can't stop in a hundred meters!
Anyway, back to dathifying the thread some more
40m away then gives 0.72 second difference between the two speeds. So for the driver to clear the intersection and avoid a 55kmhr rider hitting them, but still have the 76kmhr rider hit them it is a fine line indeed, assuming that the car is 5m long and has an average speed of 10k, itll occupy most of the intersection for around that time anyway, so in the hypothetical case (not the 100m one) the car is definetely at fault for failure to give way.
We're just two lost souls swimming in a fish bowl, year after year,
Running over the same old ground.
What have you found? The same old fears.
Wish you were here. QWQ
111000101000100010011110
irrelevant, you don't pull out if you can't see whats coming, could have been a milk tanker coming, dunno if they can stop in 40m
"A shark on whiskey is mighty risky, but a shark on beer is a beer engineer" - Tad Ghostal
gee wizzz
100m is a pretty good bit of visible road at 50km/h
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The instructions are simple...
You (and I) mightn't...
irrelevant, you don't pull out if you can't see whats coming, could have been a milk tanker coming, dunno if they can stop in 40m
Do you realise how many holes there could be if people would just take the time to take the dirt out of them?
Forum whore
simple maths
76km/hr = 21.1m/sec ( means 100m equates to a 4.74 sec gap)
50km/hr = 13.9m/sec ( means 100m equates to a 7.19 sec gap)
a 7sec gap would be fine to pull into, a 4.74 sec gap is not - the driver could not know that the gap would be reduced by a speeding driver, also isn't 100m the "clear" distance provided for in law.
Riders fault.
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In the riders seat
If you are travelling at the legal limit or even below the limit you have to expect that as well
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