Lane splitting accident

[Ratez]

Hi all, I just need some help regarding an accident I faced last Thursday. Sorry for intruding into a biker forum, I'm not a biker but I hope I can get your views on what happened to me and what is my legal stand-point. Below is what I have posted in another forum but I thought it would be good to get the input here before the insurance companies start fighting it out.

So I just got into my first accident Thursday morning rush hour. I just need some input of the fine and also hope forumers won't get into the situation I was in as it could have turned out very very bad. It was a car vs bike and I was the driver. Thankfully he did not sustain major injuries, only sprained his hand.

Now I have no problems with liability on me if I am at fault by law. However the police is booking me for careless driving $150 + 1 warning? I have drawn up what happened below.

I was on the median waiting to turn into the driveway on a 60km/h road. It was rush hour and both lanes left a gap for me to go through. So I proceed with my turning at a reasonable speed making sure I was clear. Next moment a bike is coming from the left of the van and slams into my rear left passenger door. There was no way I could see him due to the van and school buses behind it except if I was directly 90 degrees to the bike. There were no skid marks as the bike did not see my car either.

Now my problem is, I'm getting a fine + warning when I'm getting hit hard enough by my insurance excess. I don't know what you guys think and I need some input. Should I just accept the fine? He said the motorcyclist is going at normal speed and I questioned him the fact if travelling at 'normal speed' is reasonable speed in a traffic jam. The witness in the van said to the ambulance crew that there was a bus behind him and the driver (me) wasn't able to see the bike. The ambulance crew member told me not to worry as he is fine and just verbally assured me that I did not do anything wrong. This was before the cops arrived.

Either way the cop told me this fine was the best outcome for me, even though he knows I would not have been able to see the bike that I still failed to give way. However I did some research and a motorcyclist got a fine for using a lane that is unavailable in a similar case while in my case I am the only one getting slapped with the fine.

Is it legal to lane-split on the left even though the lane is 'unavailable' as it is occupied by the van? I know neither of us wanted this to happen but it just wasn't our day, as I usually don't even wake up that early for work.

[DanielM8]

Don't want to be a dick to motorcyclists but overtaking on the left is illegal- pretty sure he should've been on the other side of the van unless he wasn't actually lane splitting and the van invaded his stopping space. Just my knowledge on it.. bring on the flaming

[EJK]

I don't know. I wonder what the motorcycle rider would say.

[Ratez]

I don't know. I wonder what the motorcycle rider would say.

I understand what you are saying as there are always two sides to a story. My confusion is when is it alright to overtake on the left? I read section 2.8 and see that you can overtake on the left but the third clause confuses me. I dont need people to take sides, just need to know more about the clause.

[cynna]

a guy in a car pulling into work did the same thing to a guy on a scooter. they were both in the wrong and both got a fine - scooter rider also got a broken nose and arm

[Juniper]

I don't know about that guy but I know I wouldn't split on the left. Also personally when I'm splitting and I see a gap big enough for a car I slow down because someone is bound to pull into it or the gaps there for a reason (like to let you through)

You were pulling into oncoming traffic (even though it was still) so I think you are automatically in fault. Just like reversing onto a street, it's the person reversing that's in fault.
If the gap was big enough for a motorbike then It could have also been a cyclist, who generally use the left.
I can see why he gave you the fine.

Though in the other hand personally I think he should have slowed down and been more aware, we may be in the right- but we're still the ones who get hurt.


More importantly was the bike ok?????

[nzspokes]

You turned into oncoming traffic. You didnt have the right of way. Feel lucky you didnt hurt the rider and have got hit with Careless causing injury. If so you would be up for six months walking, up to 4K fine and 3 months inside.

The rider may have been in the wrong also but 2 wrongs dont make you right.

[Maha]

Don't want to be a dick to motorcyclists but overtaking on the left is illegal- pretty sure he should've been on the other side of the van unless he wasn't actually lane splitting and the van invaded his stopping space. Just my knowledge on it.. bring on the flaming

No flaming, I agree with you. The bike was not ''splitting'' it was filtering (other vehicles around it were stationary) and in an illegal way. The bike rider was in the wrong also...idiotic road skills.
Unfortunately, you hit the bike, and in the eyes of the law you are in the wrong. But if I were you, I would be out to prove 'biker fault' because lets face it, if biker thought more of his/her own safety it wouldn't have happened.

[mossy1200]

Based on information given by one side only motorcyclist passing through a gap left by traffic at an intersection needs to use more caution. If the traffic was stationary then its not passing on the left. If it was moving it wasn't legal to pass on the left.

[Drew]

From what you have said, I would argue that all due care was taken on your part. How can you be charged with careless driving?

I am not fluent in the laws in question of course, but I've seen this exact scenario play out before my eyes, and blamed the biker in that instance.

[Ratez]

Oops I will edit and repost again. Didnt know I generated a discussion.

[bosslady]

_{​ooh man I missed what happened, coulda been helpful!}

[strandedinnz]

_{​ooh man I missed what happened, coulda been helpful!}

Same question was posted on Geekzone, with a pretty picture :

[URL="http://www.geekzone.co.nz/forums.asp?forumid=48&topicid=124575"]

[Ratez]

Same question was posted on Geekzone, with a pretty picture :

[URL="http://www.geekzone.co.nz/forums.asp?forumid=48&topicid=124575"]

There you go.

I have also updated my original post back to its contents so people can learn from my mistake too .

Edit: Just would like to make clear, I'm not hoping he gets the fine. I'm hoping I don't get the fine! By law I failed to give way. My main question is, by law is it legal to lane-filter to left of stationary vehicle? I know you can filter left if vehicles are stationary, however does that include same lane or if there is another lane to your left?

[sinfull]

Rider was a clown ! I say argue it in a letter with the pretty picture !

Could save ya a bit in excess and no claims etc as well as the fine if you argue that you were not at fault