car accident

[markyboy35]

driving down a small road had to reverse to let another car through directly behind me was a moped . i drive a closed back transit van and you only use wing mirrors to view behind you the moped pulled up about a foot or so behind me in the centre of van. out of view of all mirrors. i reversed and bumped him who,s fault when when you check mirrors and no bike in view at all because bike to close and out of view please advice thanks.

[sara3]

I've seen signs on lorries, "if you can't see my mirrors, I can't see you".

do you have one of those?

[bednobs]

your insurance companies will decide whose "fault" it is. For what it's worth, my opinion is that it's totaally your fault. What if a other with a pram had been crossing behind you, and you ran them over, would it be their fault?

[Dodger666]

Your fault mate.

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070340

[chazza]

I would say 100% yours as well, you reversed into a stationary vehicle, I don't see how anyone could say it was his fault for being reversed into

[magicmerlin]

In defense of markyboy, did the moped rider do anything to make his presence known when he saw the reversing lights come on, eg horn. Also why did he stop so close to the rear of the van in the first place. My personal opinion is that markyboy is not as guilty as most of you make him out to be. If I was marky I would put a strong case forward regarding the moped riders choice of where he stopped. He could have stopped 15 feet further back without any adverse effect on his journey time.

[vulcan]

No doubt markyboy will be blamed for this collision, but this is a typical example of today's driving.Driving lessons and tests are a very basic introduction to driving. Nobody is taught,night,motorway,skid pan driving or, above all,defensive driving. I was taught,many years ago, by an ex-metropolitan police driving instructor. One of the many pieces of wisdom he passed on was when pulling in behind a vehicle, park in a position where you can be seen in the mirrors. In this case the m/cyclist should have stopped next to the crown of the road so he could be seen in the offside mirror. As the DI also said,treat all drivers as idiots and expect the unexpected, ie, the vehicle in front could reverse.

[magicmerlin]

ahmskunnirt -

The moped rider positioned himself so he could not be seen and far too close to the van irrespective of his mind reading capabilities (see rule 88 of the highway code, as quoted below).

"Manoeuvring. You should be aware of what is behind and to the sides before manoeuvring. Look behind you; use mirrors if they are fitted. When in traffic queues look out for pedestrians crossing between vehicles and vehicles emerging from junctions or changing lanes. Position yourself so that drivers in front can see you in their mirrors. Additionally, when filtering in slow-moving traffic, take care and keep your speed low."

The horn can only be used to make others aware of your presence (see rule 112 of the highway code, as quoted below)

"Use only while your vehicle is moving and you need to warn other road users of your presence. Never sound your horn aggressively. You MUST NOT use your horn

while stationary on the road
when driving in a built-up area between the hours of 11.30 pm and 7.00 am

except when another road user poses a danger."

As for the subject of pedestrians, I am confident that marky had not noticed any in the vicinity as it was a small road and therefor would be confident that there would not be any behind him (marky does not say how long he had put his vehicle into reverse before actually moving, it could have been as soon as possible or he may have waited long enough for any pedestrian to have come into view in one of his mirrors)

So, the next time you think someone is talking TWADDLE check your response before you submit an answer.

I rest my case.

[Coobeastie]

I'd say you're at fault unfortunately as you hit him but he was stupid for pulling up so near to the back of your van.

[Panic Button]

If you were behind my articulated lorry, and I put it in reverse and crushed your transit, would you agree with my defence that I was not at fault because I couldn't see you?

[tamborine]

Dont move your vehicle unless you can see clearly where its going; you couldn't and reversed - your fault!

Wot damage did you do to the biker? A bump to a moped could write off thebike and bikers only receives 2nd hand value in compensation. Most bikers buy new for their own safety.

[Panic Button]

Exactly, ahmskunnirt.