Motorbike Crash Who is responsible?

Question

Hi folks was riding my motorbike today when i was hit by the dreaded white van driver....

Basicly i was behind him as he moved to turn right into a car park (no signal however) i went to passs on the left when he changed course and decided to go left instead (no signal) swinging into me and knocking me and my bike down (lucky no major injurees or damage to bike- i rode it home!)

The van drivers says it was my fault as he reckons he was signaling left (i am certain he wasnt)

does anyone know who was in the wrong me for passing on the left or him for not signalling or even looking!

Thanks V much

Answer 1

glad that no one was hurt.  This is why you always contact the police when an accident happens.

Answer 2

Your fault.

He didn't signal a turn, and you tried to pass.

One reason that lane splitting is illegal where I live.

Answer 3

sorry it could be either way cars never see bikes and neither one of you was watching what was going on.. thats the way it always happens.... ive been riding bikes for 30 yrs its happens almost every  time i ride someone cuts me off or dont see me... you can blame anyone . if you as in the lane before him then its his for not seeing you.. but then it goes back to cars not seeing bikes again so it could have been the way you pass.. either way your alive and still riding so learn to watch more and pass less

Answer 4

Well, if it was a lane you were passing in, then you're okay there. However  it is most likely that neither of you will win the case unless there is a witness to say that he was not signaling. Sad but true.

Answer 5

this is his fault.  hopefully you have a witness or two or a darn good attorney.

Answer 6

depends.  two lane road or one?  if it was a two lane road and you were in the same lane as he was trying to pass him, you are at fault.  it's your responisbility to let him finish his turn before you pass him (car or bike)

however, if it was a 4 lane and he was in the right lane and didn't looke when he changed lanes to turn left, he is.

Answer 7

I'm afraid this was your fault.

Yes, he should have indicated to say what way he was going, but I know it is an offence to overtake someone in the left hand lane. My brother failed his driving test someone overtook him on a bus lane (which was outside the hours it was enforced).

I'm afraid that unless you have witnesses to say he was driving erratically then it is impossible to show the van driver at fault. If you are over taking, it is your responsibility to ensure it is safe to do so.

I know what van drivers are like, but in this case he wasn't to blame.

Answer 8

The van driver's fault. Better report to the police forth with

Answer 9

You really shouldn't be asking for people's advice on this here... an injury lawyer would be your better bet. Be sure to document everything on paper exactly as you remember it, and contact a lawyer as soon as possible. Get a full physical checkup, and report ANY and ALL pain... This accident could come back to haunt you in the form of back problems, neck problems, a year down the road. You need to have everything documented with medical professionals now, so that in the future, when you need an expensive surgery, your insurance company can go after this guy.

Answer 10

Its your fault......

Answer 11

The best thing to do is expect other drivers to do the dumbest thing you can imagine. That way, you can anticipate stupid moves like the van driver made. It is always best to give lots of room and don't pass until they have actually turned off the roadway. As far as who is at fault here, it is hard to say without more information. Glad you weren't seriously hurt.