Legal help needed from lane splitting accident

[Katman]

I was only going 20k max, about 10 meters to the lights. I'm not saying moraly I'm not at fault and everything. But the police on the scene and both my self and the other driver realised we were both to blame. But I find it harsh that its been one week after the fat with no other consultation or forward i recieve a fine and notice. So im wondering what my legal stand point is.

20kph max?

And yet the vehicle got across in front of you sufficiently that you hit the rear of the car with enough force to throw you over the bars?

Do you remember where your brakes are?

[TOTO]

Bike is at fault. both other vehicles have given way to the car crossing your path. Its hard to accept, but it is your responsibility to be safe if you are doing "grey area" maneuvres.

[Motig]

Regardless of the rights or wrongs in this case if I was the car driver I certainly wouldn't be expecting a 3rd vehicle to appear between 2 lanes of traffic stopped and indicating I could cross in front of them.

[Eng_dave]

20kph max?

And yet the vehicle got across in front of you sufficiently that you hit the rear of the car with enough force to throw you over the bars?

Do you remember where your brakes are?

Yes didn't leave the bike endoed Up on front wheel the fact i hit her back window was more indicative of her speed cutting across than mine.

[bluebird]

I have seen this happen a lot especially in Dominion rd at rush hour with scooters using the bus lane. They are allowed to but..... you really have to go so slowly when doing this, it's so fu**n' dangerous. The outside lane is safer, or watch for the gaps between cars that can take a car moving through them, if they can they will. But yes get a lawyer and fight it, the cops are blunt instruments, they mostly mean well but are usually either thick, inexperienced or just lazy.

[CookMySock]

Don't fight the $150 ticket - it's not worth it. The cops will turn septic on you real quick and they'll start talking about the careless driving charge again.

Put the other driver in small claims court for your damages, especially if these costs are substantial.

Steve

[scumdog]

Yes didn't leave the bike endoed Up on front wheel the fact i hit her back window was more indicative of her speed cutting across than mine.

Or your slow reactions...

You were riding and 'assuming' too much and thought everybody would do as you would prefer/like to be

Keep riding like that and your riding career may be shorter than you planned.....

[Mully]

Skidmark would have stopped in time....

What does your insurance company say?

Reading more through the thread I'd just pay the fine and accept that you maybe got treated a bit harshly. There's probably been times when you deserved $150 worth of fine (running an orange light, or such) and got away with it.

Take the shot to the chin, learn from it, don't do it again and move on. Motorcycling 101.

[Eng_dave]

Or your slow reactions...

You were riding and 'assuming' too much and thought everybody would do as you would prefer/like to be

Keep riding like that and your riding career may be shorter than you planned.....

Like alot of riders I try to always keep my mind open and ready for the unexpected but seriously from the moment of seeing the front of the car to impact there was about 3meters of road. I also find the above comment to be nothing more than insulting. Cheers too and for the helpfull lot.

[Squiggles]

from the moment of seeing the front of the car to impact there was about 3meters of road.

Should be able to stop from 90k in that!

[Ixion]

Lane splitting is dangerous .stick to the footpath its much safer

[yachtie10]

To me there is no argument
The car failed to give way
For those who say they wouldn't expect a motorbike to be there. you would be in the wrong.
think of it this way if a cyclist was going down the left hand side and this happened do you think the car driver would get any sympathy?

Im not saying the motorcyclist couldn't have done better but the car shouldn't have gone if they couldn't see clearly

I have been in a similar case (the exception is I wasn't splitting I was overtaking) and the car driver was charged with failure to give way and I was told I had no fault

my guess is they are charging you with a technicality based on a witness or you own statement. In which case you may have to pay it.
Talk to a lawyer

[Ragingrob]

To me there is no argument
The car failed to give way
For those who say they wouldn't expect a motorbike to be there. you would be in the wrong.
think of it this way if a cyclist was going down the left hand side and this happened do you think the car driver would get any sympathy?

Im not saying the motorcyclist couldn't have done better but the car shouldn't have gone if they couldn't see clearly

I have been in a similar case (the exception is I wasn't splitting I was overtaking) and the car driver was charged with failure to give way and I was told I had no fault

my guess is they are charging you with a technicality based on a witness or you own statement. In which case you may have to pay it.
Talk to a lawyer

After pretty much reading none of this thread I think this comment has merit...

It's like the argument where a car turns in front of a speeding bike. The bike's breaking the law speeding, however the car's breaking the law by not giving way... Who's to blame?

[CookMySock]

It's like the argument where a car turns in front of a speeding bike. The bike's breaking the law speeding, however the car's breaking the law by not giving way... Who's to blame?

Obviously the car driver was very surprised to see the bike there, and doubly so for the biker, but the car was on the wrong side of the road and did fail to give way. It's pretty clear.

Steve

[Ragingrob]

Obviously the car driver was very surprised to see the bike there, and doubly so for the biker, but the car was on the wrong side of the road and did fail to give way. It's pretty clear.

Steve

Case solved then?