Car Performs ‘U Turn’ accident with Cyclist

December 19, 2023

Car Performs ‘U Turn’ and causes accident with cyclist – Who is at Fault?

The situation is all too common to cyclists. Whilst there is inherent danger when overtaking slow moving or stationary vehicles, especially at junctions there is also the added danger when a motorist decides to change is direction and wishes to turn the vehicle the other way, known as a ‘U Turn.’  But as cyclists and motorbike riders are more difficult to see due to the mass and size on the road, the motorist pulls out quickly giving not time for the cyclist to react causing a collision, see the illustration below.

 

Who is at fault when a motorist performs a U-Turn & hits a Cyclist?

The answer is that motorist in the circumstances.  This is found in an importance case called Davis v Schrogin (2006)  where it  involved a motorcycle overtaking a stationary traffic queue, and a car within the queue executed a U-turn, resulting in a collision. The driver was held 100% responsible for the accident as the motorcyclist had no time to react. However this decision could be different if, say, there was a longer distance  between the motorist and cyclists and if the cyclist was speeding or not paying attention to the road. Every case is different.

The Highway Code and Accidents

In the United Kingdom, the rules and guidelines for road users, including drivers and cyclists, are outlined in the Highway Code. The Highway Code is a comprehensive set of rules designed to promote road safety and proper conduct on the road.  The courts will view the Highway Code as guidelines only but the Judge will make the decision on liability by taking into account all the circumstances of the case.

While the following information is a general overview and not exhaustive, it highlights some key points related to U-turns and road users’ responsibilities:

  1. Rule 163 – General rules for overtaking and turning:
    • “Before moving off you should
      • use all mirrors to check the road is clear
      • look round to check the blind spots (the areas you are unable to see in the mirrors).”
  2. Rule 162 – Before you start (2):
    • “You MUST NOT reverse your vehicle further than necessary.”
  3. Rule 165 – Overtake only when it is safe and legal to do so:
    • “You should
      • not overtake just because you can
      • not assume you can simply follow a vehicle ahead which is overtaking; there may only be enough room for one vehicle.”
  4. Rule 201 – U-turns:
    • “You MUST NOT make a U-turn at a level crossing.”
  5. Rule 179 – Turning left:
    • “Use your mirrors and give a left-turn signal well before you turn left. Do not overtake just before you turn left and watch for traffic coming up on your left before you make the turn, especially if driving a large vehicle.”

 

Contact motorbike accident and injury solicitors

In the context of a U-turn, it is crucial for drivers to follow the rules regarding observation, signaling, and ensuring that the maneuver can be completed safely without posing a risk to others on the road, including cyclists. Failing to yield the right of way, not properly checking blind spots, or making a U-turn where prohibited can result in violations of the Highway Code and potential liability in the event of an accident. Always refer to the latest version of the Highway Code for the most up-to-date information and guidance.

 

Further Relevant Links