Legal help needed from lane splitting accident

[PeeJay]

So about a week ago had a bit of a ding whilest lane splitting on great Nrth rd, cars were stationary, lights turned green ahead of me and traffic started to move when a car cuts infront to move into a driveway. I slam on the breaks endo and end up putting my new helmet through her back door window. All said and done im okay, cops on the scene said they are going to play dumb and say they don't know who was to blame. Now I get a fine through saying it was my fault and "been found at fault for driving in an unavailable lane" Good news a charge of careless driving was considered but not deemed appropriate. Now whats my legal stand point on lane spliting /filtering is it ilegal? Casue i was riding well under the speed limit with due care and attention (the view of the car was blocked by a bus in the right hand lane.)


Anyone know?

I would be wary about admitting anything. Next thing her insurance company will be all over you for the full cost of repairs.
And whats this driving in an unavailable lane bs?
It must have been available, you were in it and so was a car.
From a motorcycling perspective I would say its your fault for not keeping your eyes open and wondering why the cars around you werent moving when the ones in front had moved. But this is about the law. She has obviously turned across the lanes without ensuring the way is clear. Saying she didnt see you because her view was blocked by the car to your right is no defence.
I would ask a lawyer.
Maybe she could blame the cars that stopped for allowing her to turn?

[dangerous]

you fucked up, wana split... then pay the price. How was it possable for the turning cage to have knowen you were there? the last thing they would have expected was a 3rd vehical in two lanes.

Now splitting is ONLY legal if A) riding on the left of a deviding line
B) if right indercator is on.

Im a southern red neck ok, so down here there is no need to split, but I have done many a km up north and do relise why you do split.
IMO is not a good thing to do, but if you do you shuld be crewling at the fastest, which means no chance of going over the bars.
It wont be long before it is made ilegal due to those abusing the splitting rule.

flame away...

[bogan]

seems to be her fault, cos you are allowed to split through the middle if traffic is stopped, gets a bit more hazy if they are moving though. Failure to give way. But for gods sake whatever you do, don't take advice soley from the bush lawyers on here

[Clivoris]

This might be a little picky but if you hit her "back" window, it sounds like you hit her. It would seem to place the onus on you to avoid a vehicle that would have assumed right of way as the 2 vehicles she could see were giving way.

[Mully]

I think it comes down to whether the cars were moving. Obviously they weren't (they were waiting for her to cross) so filtering is legal (if a little unwise if you knew the lane was about to move off)

I think it's a grey area.

What are your options for appealing? Court??

EDIT: On second thought, they might ping you for "failure to stop in the length of road visable" too if you argue it.

Maybe go have a chat to a lawyer at CAB to see what they think. God knows you'll get 50 answers on here.

[Owl]

Attachment 207948

Completely rubish paint skills but i'm on a latop.

I don't know the legalities of this situation, but I'm pretty much that car every day.

Often right lane traffic stop to let me cross, but you usually can't see left lane traffic (or splitters), therefore unsafe to turn. I usually opt for a different route, or do a U-turn further up the road with less traffic. It's only another 60 seconds from my day.

I think you should be more careful and she should've taken safer measures! Glad you're ok though!

[PeeJay]

This might be a little picky but if you hit her "back" window, it sounds like you hit her. It would seem to place the onus on you to avoid a vehicle that would have assumed right of way as the 2 vehicles she could see were giving way.

This is it, she didnt have the right of way, the fact that the 2 vehicles she can see have stopped and "invited" her to cross doesnt change the fact that she doesnt have the right of way. The onus is still on her to ensure the way is clear and she can turn safely.
Of course the mitigating circumstance is a motorcycle suddenly appearing from between the cars.
The motorcyclist may have displayed poor roadcraft but if he wasnt breaking the law with his overtaking manouver, then it should be on the turning car.
If the car on the left had got sick of waiting and decided to drive off and the lady then turned her car across the lanes and they collided who do you think would get the ticket? same difference

[quickbuck]

From a motorcycling perspective I would say its your fault for not keeping your eyes open and wondering why the cars around you werent moving when the ones in front had moved.

So true....
I learnt a long time ago that it doesn't matter who's in the wrong, a 44 tonne Scannia will still stuff you over!

[Clivoris]

This is it, she didnt have the right of way, the fact that the 2 vehicles she can see have stopped and "invited" her to cross doesnt change the fact that she doesnt have the right of way. The onus is still on her to ensure the way is clear.

One of the points I'm trying to make is that when she entered the area, the way was clear. The rider hit the rear of the car.

[The Pastor]

i'd fight it myself, but not for $150

[p.dath]

The legal section of the Wiki will contain almost everything you want to know.
http://www.kiwibiker.co.nz/wiki/Cate...otorcycle_Laws

If your only being given a ticket for "driving in an unavailable lane" I wouldn't put much effort into it. That's pretty minor. You may find the other party has also been given a ticket. It's quite possible for both or neither party to be found at fault.

[neels]

i'd fight it myself, but not for $150

Yes, but it may not be just for $150, if you have to pay your insurance excess and lose no claims bonus.

It's a bit murky because basic driving laws state that turning traffic gives way to straight through traffic, and it is legal to pass on the right if you can stay in your lane. The fact that the car drivers were being charitable and letting her turn right does not mean she has right of way.

[Katman]

Car drivers do not expect motorcyclists to appear out of nowhere, from a position within a lane that they've identified another vehicle legally occupying.

If you're going to lane split, wear the consequences if things turn to shit.

And, as has already been said, since the motorcyclist hit the car in the rear side window the turn was well under way before the motorcyclist happened along.

[dangerous]

It's a bit murky because basic driving laws state that turning traffic gives way to straight through traffic, and it is legal to pass on the right if you can stay in your lane. The fact that the car drivers were being charitable and letting her turn right does not mean she has right of way.

While technically correct... 90% of cagers would not consider a bike splitting, hence it is most likely to end in tears, so if ya have to do it, expect the worse, and pay the price.

[oldrider]

This might be a little picky but if you hit her "back" window, it sounds like you hit her. It would seem to place the onus on you to avoid a vehicle that would have assumed right of way as the 2 vehicles she could see were giving way.

In my humble opinion.

I reckon Clivoris is pretty close there!

Then if you consider the old travelling at a speed where you can stop in half the clear distance ahead, you are probably the errant party!

Shit happens sometimes! Good luck!