Car undertaking a right hand turn with bike causing accident
Another common cycling accident where a car from the opposite direction of the bike, performs a right hand turn into a side road. The bike has right way as it is situated on the main road where the car has to give way to on-coming traffic.
Motorist Turns Right in front of Cyclist – who is at fault?
In this situation the cyclist has no chance to react and avoid the collision. The motorist in this situation will be 100% at fault for the accident. However in a decided case liability was shared equally. In the case of Hillman v Tompkins (1995), a motorcycle overtaking slow-moving traffic faced a car at an offside junction. The car, failing to notice the approaching motorcyclist, indicated a right turn, leading to a collision. The judgment assigned split liability 50/50, emphasising that both the car driver and the motorcyclist should anticipate each other’s actions. It is important that the motorist was signalling to turn right and there was an opportunity for the cyclist to notice the driver’s intentions and possibly avoid the collision.
It is important to note that each case will be decided on its own particular facts so it is important to obtain specialist advice from a motorcycle accident claims solicitor.
Highway Code on Turning Right and Junctions
The Highway Code is an important starting point obtain the basics of good conduct on UK roads. The Code provides the following guidance:
Turning right
Rule 179
Well before you turn right you should
- use your mirrors to make sure you know the position and movement of traffic behind you
- give a right-turn signal
- take up a position just left of the middle of the road or in the space marked for traffic turning right
- leave room for other vehicles to pass on the left, if possible.
Rule 180
Wait until there is a safe gap between you and any oncoming vehicle. Watch out for cyclists, motorcyclists, pedestrians and other road users. Check your mirrors and blind spot again to make sure you are not being overtaken, then make the turn. Do not cut the corner. Take great care when turning into a main road; you will need to watch for traffic in both directions and wait for a safe gap.
Take extra care at junctions.
watch out for cyclists, motorcyclists and pedestrians including powered wheelchairs/mobility scooter users as they are not always easy to see. Be aware that they may not have seen or heard you if you are approaching from behind
give way to pedestrians crossing or waiting to cross a road into which or from which you are turning. If they have started to cross they have priority, so give way (see Rule H2)
remain behind cyclists, horse riders, horse drawn vehicles and motorcyclists at junctions even if they are waiting to turn and are positioned close to the kerb
watch out for long vehicles which may be turning at a junction ahead; they may have to use the whole width of the road to make the turn (see Rule 221)
watch out for horse riders who may take a different line on the road from that which you would expect
not assume, when waiting at a junction, that a vehicle coming from the right and signalling left will actually turn. Wait and make sure.
look all around before emerging. Do not cross or join a road until there is a gap large enough for you to do so safely.
No Win, No Fee Bike Solicitors
Need expert solicitor advice? Contact us the cyclist compensaiton solicitors. The above is just on the handful of cases above demonstrates it is important to instruct the right motorbike solicitor. To find out more about our No Win, No Fee, No Worry advice service, visit our about us page. Whatever your situation, you will not have to worry about legal costs and instructing experienced and specialist solicitors.
For further details on case law for overtaking motorbikes and side road click on this link: The Dangers of motorcyclists overtaking, filtering and weaving.
What Are The Most Common Motorbike Accidents?
We, the motorbike accident solicitors, have below summarised the top four motorcycle accidents that riders will come across on the UK roads. All accident types will be either the fault of the motorcyclist or the motorist in full or in part. Each case will be very much dependent upon the facts of the case which is why it is important to instruct a motorbike solicitor to fight your corner.
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