Reversing Law

[Lardybloke]

What is the law regarding reversing out of a private drive into a main road? Is it illegal? The Highway Code says "wherever possible you should reverse IN and drive OUT.

My mate got knocked off his bike by a driver reversing out.

[lea-lea]

It's not illegal to reverse out of a driveway onto the road, the highway code suggests you do it the other way just becase it's safer. With regards to blame it would depend if the cyclist was cycling on the pavement (illegal) or on the road. If he was hit on the pavement the driver will just argue that the cyclist should not have been there in the first place. If he was hit on the road then the cyclist could have a case.

[Lardybloke]

Thanks Lea, it was a motorbike, filtering past a staionary line of traffic. He was doing less than 30mph, on the right side of the road. The car shot out into a gap left for him by another driver. My mate had no chance.

[archbishop]

Motor Cyclists fault then.

[Lardybloke]

Elaborate please Archbishop. The police said my mate was doing nothing illegal.

[archbishop]

The Insurance company might take a different view.As you say your mate was passing a stationary line of traffic.He obviously wasn't taking much notice and it could have been a small child.

[BenDToy]

I think you're right Archbishop. Too many motorcyclists believe they have a divine right to overtake (and undertake). They then blame car drivers when they run into them. "Filtering past" is just another way of saying overtaking (or undertaking) and obviously not taking enough care. Someone had even left a gap for the car driver to come out but the bike rider knew better.

[Lardybloke]

Well, I was hoping to get a professional opinion, maybe from someone qualified in law.

The current law on filtering is that it is perfectly legal, as long as you do not exceed 30mph, and you stay on the right side of the road and do not cross white lines.

As a motorcyclist I do not have any "divine rights" but I know it upsets car drivers who have to sit in jams while we can get ahead. Oh yeah, my mate is a member of the Institute of Advanced Motorcyclists, been riding for 15 years, courier in London for 5,  first accident.  He nearly died. So, is there a lawyer in the house?

[ICEMANSAV]

Not a lawyer but something very similar happened to me a couple of years back. A car pulled out of his drive into a gap left by another car and clipped my fairing as I was going down the right hand side of the stationary traffic and fell off. No serious injury but the police stated that by driving down the correct side of the road and by not going over the speed limit ( 40 in this instance) the driver ( of the car) should have paid more attention to the traffic and his insurance had to pay for my damage. I think if he had been speeding and on the wrong side it would be his fault but not in this scenario.

[Lardybloke]

Cheers Iceman, the cops have come back now and said that they are not prosecuting anyone, and recommend a 50/50 insurance claim.

My Mate is getting a bike specialist solicitor on the case, he has lost a �6000 Aprillia RSVR.

[ICEMANSAV]

Harsh, I know I disagree with the compensation claim society we currently live in but I would be supportive of a claim against a car driver with minimal damage and a motorcycle which is written off! Car drivers are all to eager to blame the biker, wish your mate a speedy recovery and good luck in any case that arises. If in doubt ask for a copy of the rules and regulations of stationary traffic laws from the police and present this to the solicitor and the statement originally presented by the police that your mate was doing nothing illegal and therefore everything within the law so proving blame must rest on the car driver. Take care

[Lardybloke]

I know, the law sucks. My mate was hospitalised for two weeks, in ICU for a week with one lung colapsed and the other bruised. He went into renal failure and had to have emergency treatment in the small hours. He didn't hit the car per say, but saw the car and dropped it and it slid into the cars back bumper.

Like I said, written off �6000 bike, and believe it or not, the driver is claiming compensation for shock and whiplash. Funny how one can get whiplash travelling backwards.

[ICEMANSAV]

Ah by doing this then the car driver will be found not to blame as it was not a collision with his car that caused the accident and it was only the car that caused the injury. Solicitor may say that the biker should have been able to stop in time under control without the collision occuring. Makes me mad about the drivers claim but that is how it is today unfortunately. I think on this occasion then both parties may be found to have contributory negligence and therefore each parties insurance would have to cover their own damage. sorry but seek out advice anyhow things change.