driving without due care

[robbie1944]

Hi

interested in comments of an incident.

 

My 17yr old grandson was passing a row of slow moving traffic approaching a roundabout

 

when one of the cars turned right into a cul-de sac,

 

without any indication or obviously checking their mirrors

 

causing my grandson to collide with the car throwing him over the car and hitting a wall.

 

When the police arrived he was put in the police car to say using bullet answers as to what he thought happened

and was as we found out later charged with this offense even though he cannot really remember what was said in the car.

 

We have had no contact with the police officer until the summons came through 4 weeks later

 

surely the PC should have contacted him at home and taken a proper statement from him

 

bob

[Conniff]

So are you saying he was on the wrong side of the road passing these slow moving cars or was he in an outer lane the car cut across ?

[robbie1944]

No what I am saying is my grandson was on a single lane road riding alongside very slow moving traffic,when the car turned right without checking her mirrors

[Desperate Daniella]

Was he on a motorbike, or a bicycle?

[Kiki1]

To get thrown 'over the car' probably means he was outside a cage, to be summonsed probably means it most likely a motorcycle (possibly a quad), though one can get nicked for due care on a bicycle, it is rare.

[Conniff]

We aren't getting the full story I'm thinking. If he was thrown over the car and hit a wall, then he wasn't riding alongside, he was overtaking.

[Desperate Daniella]

I just wondered because there was something in the paper a few months ago about a pedal cyclist being considered to be, I think, 25% responsible for the accident because they were riding at speed overtaking on the outside when a car turned right. I think in that case the car had a larger vehicle behind it so couldn't see much behind them until they started to turn.

[citizenkain]

so he was on a bicycle pedaling along on the wrong side of the road,the car turned right and hes rammed into it?

[postggj]

In my own opinion, be it this person was a motor cyclist, or pedal cyclist, they have to follow the highway code and be considerate road users

 

Their is no provision for a cyclists to be moving on the outside, or the inside (kerbside) of stationary traffic unless there is a dedicated cycle lane or bus lane in which a motorcyclist or pedal cyclist is allowed to use.

 

The cyclist should wait in line for the traffic to start moving like every one else AND HAVE MORE PATIENCE

 

Just my opinion

[Desperate Daniella]

I totally agree with you - but only about one in a thousand will ever wait. They nearly all hate stopping so weave in and out wherever they can, usually regardless of red lights, pelican crossings, pedestrians, anything .....

[Conniff]

Filtering is legal.

[robbie1944]

he was on a motorcycle who according to his instructor told him he could ride alongside slow or stopped traffic if it was safe to do so

[BazzaS]

he was on a motorcycle who according to his instructor told him he could ride alongside slow or stopped traffic if it was safe to do so

 

If it was safe to do so ........

 

You have his side of the story to go on.

I don't know the car driver's story, but (considering the prosecution!) what if the car driver said something along the lines of:

 

"Slow moving traffic on single lane road, I signalled to turn right, checking my mirror"

"I started my right turn and the motorcyclist and my car collided"

 

Was there another car behind the car that turned (possibly obscuring your son's sight of the turning car's indicator)?

If so, have they given a statement??

[Desperate Daniella]

Filtering is legal.

 

And it's okay to filter if you do so with care. You can't just zip along the outside of slow moving or stationary traffic. You need to take care passing each individual vehicle.

 

A lot of my work is with people who have been damaged in RTAs, and getting knocked off a bike can often result in permanent paralysis. Everyone on a bike needs to drive defensively, because in an accident with a car or van the bike will always come off worse.

[Aretnap]

Filtering is legal provided it's done carefully. The Highway Code acknowledges this and says "when filtering in slow-moving traffic, take care and keep your speed low" (Rule 88) The motorcyclist has a duty to take care, keep a close eye on the traffic ahead, and be ready to stop if someone pulls out. The motorist has a duty to consider the possibility that there may be motorcyclists filtering, and to check that it's safe to pull out before doing so. It's quite possible for them both to negligent in their respective duties and therefore both be guilty of careless driving.

 

There are numerous cases, eg here, which show that there's no hard and fast rule that it's always the motorists fault or always the biker's fault - it depends on the particular circumstances. Note that those cases concern civil liability rather than the criminal offence of careless driving, but many of the principles are the same.

[citizenkain]

hmm,what this kid has done,Ive done myself on a motorbike! coasting along at the side of the cars,right up until some one pulls out turning,he was lucky he wasnt badly injured,I dont think most people use their indicators,in that situation would most people think bike? he was very lucky,Ive known a few people who have been badly injured like that especially if you are coasting up the inside and you get a lorry turning left! hopefully he will be alot more careful regards no indicators and even if indicators are on,if you are sat at a road junction trying to turn right and a car is coming,indicating left,dont pull out,he might have forgotten to cancel the indicators!,at the end of the day you are going to get injured on a bike in any accident whether its the bikers fault or not

[Desperate Daniella]

Not trusting someone indicating left was one of the first things my driving instructor taught me and I have never forgotten it.

[Kiki1]

he was on a motorcycle who according to his instructor told him he could ride alongside slow or stopped traffic if it was safe to do so

 

Recent pass ?

[citizenkain]

well,if nothing else the grandson has learned to be very wary while on his bike,probably be the making of him! never ever let your guard down and expect the unexpected that way he will make 18!

[Desperate Daniella]

Whatever happens this time at least he'll be more cautious in future and that may save him from a very nasty accident.

 

One of the saddest things I've ever seen is wards full of beautiful boys in their teens and 20s at Stoke Mandeville Hospital. One of my loveliest clients was knocked over by a van and is paralysed from armpit level down. He was 22.

 

Please tell your grandson to always be very careful.

 

DDx