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Knocked off my bike by a car last night. Advice needed.

I was cycling home from work yesterday just after 6pm. I had front and rear lights on (flashing) and was wearing a red waterproof (not the best colour and I'm going to buy a high vis jacket asap). There was a long queue of traffic, as is always the case at this time on weekday evenings. I was filtering through the traffic on the right hand side of the cars (no room on the left hand side and I feel safer moving down the middle of the road as there is a lot more room to manoeuvre) at probably between 8 and 12 mph.

A car up ahead on my side of the road had flashed to allow a car to turn right out of a side road on the left (so he wanted to turn and drive on the other side of the road to me). I didn't spot this and continued straight, he didn't see me and pulled out. I crashed into the front right side of his car near the wheel arch and went over the handlebars, hit his bonnet and ended up on the other side of the road. I got up straight away and bystanders helped me to the side of the road and moved my bike.

An ambulance was driving towards me and a lady flagged it down so within 30seconds I was sat in the back of an ambulance and was in there for about an hour. The ambulance called the police to the scene who took statements from the driver and myself and they have the details of a couple of witnesses. I have a swollen and grazed up knee, a bruise to my cheek (I managed to hit my face on the road), a sore hip, and soreness in both ankles (probably from my feet being ripped out of my pedals as I was clipped in). The bike appears to be okay other than a ruined front wheel, but I'm going to take it into a bike shop to get them to check it over and give me a quote for repairs.

It's my understanding that filtering is legal, but I would like to hear from anyone who has been in a similar position. I'm not sure exactly how to proceed. Because I was rushed straight into the ambulance I didn't get anybody's details, however the police have statements and contact details for the driver and witnesses. I just have the officer's badge number. I was in shock at the time really so wasn't thinking properly about all this.

Any help would be greatly appreciated.

If you're new please join in and if you have questions pop them below and the forum regulars will answer as best we can.

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22 comments

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MuddyGoose | 9 years ago
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I would say that it was probably your fault. You were essentially overtaking and should have been using more caution. I doubt you'd be brought to book for it though so if you're injury free and the bike's OK I'd just call it a lesson learnt.

I had a 'filtering' incident myself going up the left side when a car pulled across having heard sirens coming up from behind. Fortunately I was going cautiously enough to take avoiding action up onto the pavement and avoided contact with the car. I landed in a heap but without significant injury. Filtering is not illegal but can be dangerous and should be done always with caution IMO.

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Joeinpoole replied to MuddyGoose | 9 years ago
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MuddyGoose wrote:

I would say that it was probably your fault. You were essentially overtaking and should have been using more caution. I doubt you'd be brought to book for it though so if you're injury free and the bike's OK I'd just call it a lesson learnt.

I had a 'filtering' incident myself going up the left side when a car pulled across having heard sirens coming up from behind. Fortunately I was going cautiously enough to take avoiding action up onto the pavement and avoided contact with the car. I landed in a heap but without significant injury. Filtering is not illegal but can be dangerous and should be done always with caution IMO.

I've been discussing this and apparently if a vehicle, emerging from a side-road onto a main road, causes a collision it is pretty much ALWAYS the emerging driver's fault. If the emerging driver's view is obscured by other traffic then he MUST NOT emerge until he can see that it is safe for him to do so. Filtering up the side of traffic is perfectly legal and acceptable.

In my view the cyclist (the OP) was not at fault and could pursue the car driver's insurers for any damages sustained.

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mrmo replied to Joeinpoole | 9 years ago
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Joeinpoole wrote:

I've been discussing this and apparently if a vehicle, emerging from a side-road onto a main road, causes a collision it is pretty much ALWAYS the emerging driver's fault. If the emerging driver's view is obscured by other traffic then he MUST NOT emerge until he can see that it is safe for him to do so. Filtering up the side of traffic is perfectly legal and acceptable.

In my view the cyclist (the OP) was not at fault and could pursue the car driver's insurers for any damages sustained.

Rule 88, although for motorcycles, clearly accepts filtering happens and advises care.

or this

http://www.solent-advanced-motorcyclists.co.uk/riding-tips-mainmenu-46/1...

and finally

Rule 211

It is often difficult to see motorcyclists and cyclists, especially when they are coming up from behind, coming out of junctions, at roundabouts, overtaking you or filtering through traffic. Always look out for them before you emerge from a junction; they could be approaching faster than you think. When turning right across a line of slow-moving or stationary traffic, look out for cyclists or motorcyclists on the inside of the traffic you are crossing. Be especially careful when turning, and when changing direction or lane. Be sure to check mirrors and blind spots carefully.

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wknight | 9 years ago
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If you are going to be prosecuted it would be for Careless Driving.

However, I think its unlikely as guidelines for when its careless is above the speed you were doing. Its also unlikely because you are on a bicycle. Guidelines on a motorbike are 20mph faster than the speed of the traffic, personally I am around 10mph as at that speed I can stop but then I have amazing brakes.

How close were you to the vehicles?
Were you in the drivers blind spot?
Did the driver indicate before they moved?

As said by a previous post, its putting you at risk, so personally I always ride at a speed I can stop remembering that bicycle brakes are not great. Also if you ride a bit further away from the cars if that is possible you have a fraction more time to stop or swerve.

I think your main worry will be if the drivers insurance company decide you are partially to blame and want to recoup some of the costs from you

To anyone out there who says you can't put points on my license if I don't have one, they can and do. When you apply for your provisional license it will come with the points on it!

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PhilRuss | 9 years ago
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[[[[[ Dunno, but here's another one to watch for. I was riding 12mph on the crown of the road, "filtering" past all the GRIDLOCKED cars, 50 metres before a clogged junction. One impatient geezer gets fed up with the delay and without indicating, and without checking his mirrors, suddenly starts a 3-point turn to go back the way he'd come, just at the point where I'm level with his very flash jam-jar....Bang!...I slam into his front wheel and and hit the deck. I get up, walk back, and ask him what the phluck is he playing at. He stares at me, speechless (and bleary-eyed drunk), and neither he nor his lady-friend say a solitary word. I stare back and give him time to say sorry----zilch. He's six-foot three to my five-foot nine, and 15 stone to my eleven stone two, so I call him a fluckin blind klunt and ride away with me bruises and slightly buckled front wheel. What's the moral? Around stationary traffic, always expect the unexpected, I suppose.

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Edgeley | 9 years ago
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Mate of mine once did roughly what you did, on a motorbike. The vehicle that took him out was an ambulance, which was very convenient.

I think you would struggle to prove that you were the victim of negligence.

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Joeinpoole | 9 years ago
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I 'witnessed' an almost identical incident recently, thanks to my brother's dash-cam when he emailed me the footage. He lives in Thornton Heath and was in slow-moving traffic travelling north on Whitehorse Rd and about to turn left into Bensham Manor Road (where he lives).

In front of him, before the junction, was a black cab and a white transit van all crawling along very slowly. The white van's brake lights suddenly came on followed by those of the black cab and it could be seen (from the dash-cam's perspective) that the white van had stopped to allow a small lorry to emerge from Bensham Manor Rd and turn right to head south down Whitehorse Lane. A second or so later a pizza delivery driver, riding a moped, filtered past on the right of the north-bound traffic at a fairly brisk pace. The moped rider went past the white van at the exact moment that the lorry emerged from the junction and ... BANG. The moped hit the front corner of the lorry, stopping it dead and sending the rider straight over the handlebars. The moped rider quickly jumped up and angrily remonstrated with the lorry driver and started kicking his vehicle. Fortunately I think the rider's pride was hurt more than his body.

I think most people watching that footage would have concluded that the moped rider was almost entirely to blame. He was filtering on the right without caution, he was going too fast, he ignored the danger of the upcoming junction and the clear warning of the brake lights of the vehicles he was passing. Fortunately the lorry driver was emerging slowly and cautiously from the junction or the incident could have been a lot worse. He couldn't have seen around the white van until he had stuck the front of his vehicle far enough out.

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racyrich | 9 years ago
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Those legal judgements are very discouraging. Whatever happened to having to give way when exiting a side road? I don't recall the the law changing to 'give way unless it's a bit of a fag to do so'.

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jmarsters89 | 9 years ago
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Thank you all so much for your replies. I'm still awaiting a response from British Cycling, hopefully that will come through soon and I can make a decision on what to do next.

All I want is my bike back on the road asap. I'm very lucky that my injuries weren't worse and I shouldn't be out for too long, things could have been much worse.

I don't know if it makes any difference as to who is liable but the driver was out of the car apologising instantly after it happened.

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Matt eaton | 9 years ago
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Some other examples:

http://www.access-legal.co.uk/legal-news/accidents-involving-filtering-w...

Having read these I might be reluctant about persuing a claim in the OP's position. I suspect a little legal bias in favour of car drivers too.

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exilegareth replied to Matt eaton | 9 years ago
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Most of the judgements mainly illustrate the knock for knock culture in the courts - judges are unwilling to apportion blame and so do the judicial equivalent of shrugging their shoulders and passing the buck.

It's impossible to have hard and fast rules in the courts on these traffic issues, and impossible to say what a judge will decide in each case.

Is there a bias in favour of drivers? No. Is there a tendency for judges to see such cases from the point of view of 'there but for the grace of god?' Probably.

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Jimmy Ray Will replied to exilegareth | 9 years ago
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exilegareth wrote:

Is there a bias in favour of drivers? No. Is there a tendency for judges to see such cases from the point of view of 'there but for the grace of god?' Probably.

Is there a bias in favour of drivers?... I'd agree that there is no out and out bias towards drivers, however car insurance is a big business, and such a big industry lobbying the justice system forsuch a long time, mean things have developed in favour of the motor car and its driver.

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Matt eaton replied to Jimmy Ray Will | 9 years ago
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Jimmy Ray Will wrote:
exilegareth wrote:

Is there a bias in favour of drivers? No. Is there a tendency for judges to see such cases from the point of view of 'there but for the grace of god?' Probably.

Is there a bias in favour of drivers?... I'd agree that there is no out and out bias towards drivers, however car insurance is a big business, and such a big industry lobbying the justice system forsuch a long time, mean things have developed in favour of the motor car and its driver.

I was too vauge in my use of the word 'bias'. I'd agree that there is no bias in law but there is a human bias for the reasons you've both said.

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Matt eaton | 9 years ago
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A quick google got this:

http://www.cyclelaw.co.uk/overtaking-and-filtering-whilst-cycling

If this is accurate it seems like a bit of a minefield. As expected, no hard and fast rules on the subject.

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jollygoodvelo | 9 years ago
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I don't want to blame you AT ALL - but when I'm filtering through traffic I take extra special care of drivers doing exactly what you describe: letting out other cars without thinking that there are other users of the road around. It's such a grey area as to who is responsible for right of way (even in cars - see "Flash for cash scam").

As others have said, BC's legal advice (Leigh Day) or another specialist should be able to help. Hope your injuries aren't too severe and you get back riding soon.

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brokenorange | 9 years ago
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Not sure how to advise but your home insurance may be able to help. I have legal and liability cover and in an accident last year they (direct line) were great.

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jacknorell | 9 years ago
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You're overtaking and the car is merging onto another road. Both contributory I would assume?

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Jimmy Ray Will | 9 years ago
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Hells bells, that sounds like a horrible experience, you have my sympathies.

I'll need to check a copy of the highway code, but my understanding is that filtering down the right hand side is akin to overtaking... and overtaking past a junction is not the done thing.

However, that is an interpretation thing.

What is certain is that the highway code is fairly clear about flashing your lights to let cars out... you are not supposed to do it (for exactly this reason)... and accordingly, should someone flash you, you are not to assume that the junction is clear... you still have an obligation to check.

So in essence, everyone is in the wrong.

Its not a police matter other than gathering the details, its for the insurers to pick the bones out of it.

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Matt eaton replied to Jimmy Ray Will | 9 years ago
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Jimmy Ray Will wrote:

I'll need to check a copy of the highway code, but my understanding is that filtering down the right hand side is akin to overtaking... and overtaking past a junction is not the done thing.

However, that is an interpretation thing.

I'm not certain either but I would imagine that the highway code is as vauge about this as it is about a lot of other things. To my mind filtering is not akin to overtaking regardless of which side you are on. Overtaking is when you pass a vehicle that is travelling at it's normal road speed and there is space ahead of it for you to overtake into e.g when you pass a slower cyclist on a quiet road. Filtering is when you pass a vehicle that is unable to proceed at its normal road speed due to congestion e.g. the situation here. Unlike overtaking past a junction I would argue that filtering in such a situation is absolutly fine. In fact it's pretty fundemental in order to make travel by bike effective in an urban environment. I agree that it's down to interpretation but that would be my spin on things.

The best advice would be to get some profesional legal advice and see if you have grounds to claim for damages. I would immage that you would have a good case but I'm no lawyer.

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jmarsters89 | 9 years ago
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Thanks for the reply OnTheRopes. I wasn't registered with BC but did so this morning and I'm waiting to hear back from them.

I'm a little worried as the police officer made a comment that it was "just one of those things" implying that nobody was really to blame. As I said before I was in shock and not thinking straight and didn't dispute this at the time.

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OnTheRopes | 9 years ago
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Are you a BC member? If so you can get legal aid with this, they are apparently very good.
First thing I would do is call the police and ask how they are proceeding with this

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Scrufftie replied to OnTheRopes | 9 years ago
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OnTheRopes wrote:

Are you a BC member? If so you can get legal aid with this, they are apparently very good.
First thing I would do is call the police and ask how they are proceeding with this

I can't recommend British Cycling membership strongly enough. Many years ago, back when it was the BCF, I was knocked off by a car and their legal service was fantastic. They managed to ensure that I was properly compensated (lost income, etc.) and I didn't have to pay anything upfront. I know you can use 'no win, no fee' solicitors but legal insurance is much better, in my opinion, as they will pursue your case with much less regard to the likely outcome.

Even if you go nowhere near competitions, do join BC

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