Got side-swiped on the motorway

[Jin]

I guess lesson to learn is when lanesplitting always slow down when you see gaps. The guy didnt indicate which means he is in the wrong but its a moot point when you are the one ends up lying on the road.

[jonnyk5614]

A few thoughts:

Were you progressing through the traffic (ie changing lanes and doing a legal overtake, utilizing space too small for cars) or were you actually in his lane? if you were in his lane at 90 Kph - then yeah, I'd say you were at fault (not that I have never done this myself...), if you were in the lane NEXT to him, progressing through traffic, then he's at fault.

Eitherway though, you are still the one that ended up in hospital.

Secondly were you paying attention as you moved through the traffic?

Thirdly You could try the Indian licence defence, but the onus would be on you to prove that the Indian licencing system is not sufficient to allow someone to drive on NZ roads - since our Government doesn't forbid someone with a full Indian licence from driving, I would guess that you would have a tough time convincing someone of that

Fourthly Get well soon, and learn from the experiance.

Making progress but I can't remember inch for inch exactly where I was at impact time. Probably just on the line. Just prior, definitely passing lane two traffic from within lane 2.

Certainly was paying attention. Cop tested me by asking me the models and colours of the cars that I'd just passed. I was spot on.

Meh - Indian license isn't a defence. Law's the law. He can drive here else he would have been nicked. Their whole culture is drive and hope, not drive and avoid was the issue I was getting at.

I was expecting a bollocking from the cops but they said "not our decision but we just write the report." "You're allowed to be alongside sharing a lane at any speed up to 100 as long as you are to the left of the line. It is up to you whether you think it is always a good idea." Unsafe overtake would be determined if I actively placed myself in his blind spot apparently. I wasn't anywhere near his blindspot (afterall, the closer you are too the side of the vehicle, the less exposure to blind spot).




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[jonnyk5614]

He made a post about how he folds his mirrors in whilst lane splitting ...

http://www.kiwibiker.co.nz/forums/sh...post1130918784

At like 10kph Auckland city stationary traffic.
Certainly not on the motorway.


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[jonnyk5614]

So there was nothing unusual about his driving then, considering it's D'Auckland. Seriously though dude, it's time for another attitude adjustment. In this heat and humidity a corpse is going to get smelly pretty quick.

I agree re attitude adjustment - You never stop learning etc.

The point of my questions is to establish if I'm about to end up in court and if my insurance will fuck me over!

Overall, I see myself technically legal but leaving far too little margin for idiocy/error.

What was that signature that someone has - bikes aren't inherently unsafe but inherently unforgiving to fuckwits. Yup - that is spot on.




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[swbarnett]

Yup - lane splitting at that speed is probably asking for trouble.

Not necessarily. If you treat the surrounding traffic with due respect it can be done safely.

The problem here is that you made an assumption about the behaviour of the car driver.

The guy who moves over seemed to think it was Ok to pull into a lane at 80kph leaving 2-3metres in front of the car he was pulling in front of (forgetting about me completely).

How long have you been riding in Auckland? Have you not noticed that the average car to car gap is no more than the length of the following driver's ego? If a car will fit with a gnat's whisker either end then expect someone to try it.

[Madness]

The point of my questions is to establish if I'm about to end up in court and if my insurance will fuck me over...

You pay for insurance so you can afford to do stupid shit. Should be sweet I reckon, pay excess - job done.

Good luck.

[swbarnett]

80k traffic and lane splitting at 90k was always going to end well.

I'm glad you think so. It's certainly ended well for me every time I've done it.

[swbarnett]

Overall, I see myself technically legal but leaving far too little margin for idiocy/error.

Spot on. Been there myself but thankfully only had a near miss. Much more wary after that.

Forgive me if my previous post was perhaps a little condescending. Anyone willing to learn is on the right track in my book.

[jonnyk5614]

Who the fuck is Harold?

I believe it is the same chap that was pointing to how desperate people became on a burning ship that bath toys were their last resort!


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[Berries]

Best you go back to your streaky greasin' & cease the oafish remarks...

Oh, you're in this thread as well now.

[jonnyk5614]

Spot on. Been there myself but thankfully only had a near miss. Much more wary after that.

Forgive me if my previous post was perhaps a little condescending. Anyone willing to learn is on the right track in my book.

Go for gold:
1. This is Kiwibiker - I know what to expect
2. I've got thick skin and it is always covered in thick RST Leathers.
3. I post my cock up so people have a go at me and I see the error in my ways and don't kill myself.


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[jonnyk5614]

Not necessarily. If you treat the surrounding traffic with due respect it can be done safely.

The problem here is that you made an assumption about the behaviour of the car driver.


How long have you been riding in Auckland? Have you not noticed that the average car to car gap is no more than the length of the following driver's ego? If a car will fit with a gnat's whisker either end then expect someone to try it.

Yup

I grew up in the UK. Everyone thinks they leave a 2 sec gap, which is 56m at 100kph. They actually are closer to 1 sec but still - 28m.

I'm used to Auckland drivers being morons and leaving 1/3 of that but this guy was waaaay closer than I've ever seen so I assumed I was all good.

I've been lane-splitting in Auckland for 2 years, yes at 80ks/90ks. This is the first time I've come close to an issue and my first ever accident (London pushbike/car in 14 countries/motorbike here) hence being a bit wound up that I could make such a mistake.


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[jonnyk5614]

"Expecting" .. is never any guarantee of anything.

Legal is no guarantee of safe. Legal and dead is never good.

Could you see him in his mirrors (did YOU look to see if he was looking .. ??) .. ??? (but he probably didn't look)

You put yourself in his blind spot ... and got clobbered. Learn from it.

Surely by being on that white line, I am no where near his blind spot? The one place he is guaranteed to see me in his mirror? Blind spot goes from 90* to 135* from driver's shoulder. I'm sitting at, what 170* the whole time? Perfect.


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[Berries]

Surely by being on that white line, I am no where near his blind spot? The one place he is guaranteed to see me in his mirror?

If a driver knows it is nose to tail traffic the only reason he is going to use his mirrors before a lane change is if he is motorbike aware. Given the number of people splitting up there you would think they are but then there are always going to be many drivers that aren't who won't even look in their mirror. Buyer beware etc.

And getting back to the indicator thing. To me, seeing a bike splitting with the indicator on makes me think the rider has left it on by mistake. The alternative is to think that they are changing lanes so if a car driver did see you indicating in that brief moment he checks the mirror he probably thinks you are moving in to the other lane anyway. I cannot see any reason to use the indicator for this purpose other than trying to comply with some misinterpretation of the overtaking rule, to me it increases your risk.

[FJRider]

Surely by being on that white line, I am no where near his blind spot? The one place he is guaranteed to see me in his mirror? Blind spot goes from 90* to 135* from driver's shoulder. I'm sitting at, what 170* the whole time? Perfect.

His blind spot is where he is not looking. If he doesn't look ... there is NO guaranteed way he will see you.

NEVER assume he (they) will (should) see you ... that is an invitation for pain.

Question ... in your original post you said you were on the motorway ... with traffic flow at 70-80 km/hr ... how come the traffic flow was so slow .. ????