Lane-splitting accident at offramp

[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/roa...rk-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?

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...)