Who's To Blame?

[mattoc66]

If my car collided with a cyclist who was cycling on the road when there is a perfectly good cycle path provided for them. Who would be at fault and liable for damage to my vehicle ect...?

[kwicky]

Unless a road is signed to the contrary he is just as entitled to use the road as you are. Any damage to your vehicle would have to come from your car insurers as it is unlikely he will be covered for third party risks.

[maxximus]

i guess it would depend on the circumstances, wouldn't it.

[Buenchico]

As Kwicky states, the cyclist is fully entitled to use the road. If there's a collision, it would obviously depend upon who was to blaim when it came to paying compensation.

If the cyclist was to blame, you would have the right to claim damages from him to pay for the repairs to your vehicle. The fact that he has no insurance is irrelevant. (If one person suffers loss or injury due to the negligence of another person, they always have the right to compensation in respect of such loss or injury).

Chris

[mattoc66]

Cheers for your answers guys.. I kinda guessed that the cyclist had every right to be in the road as much as the motorist but its annoying that some cyclists persist on using the road when common sense dictates that its much safer for them to use the purposely made cycle ways

[Hammer Head]

When I was a competetive cyclist some years ago, I always felt that I was safer on the road than on the cycle paths when training. Pedestrians tend to use cycle paths, they are usually littered with loose gravel and many have dangerous potholes. They are OK for the recreational cyclist, but when you are a serious cyclist riding at 25-30 mph, cycle paths are not an option.

I agree that some cyclists ride dangerously but I have had many close calls due to reckless car and lorry drivers.

[Toureman]

If as you say your car collided with a cyclist it must be the car's fault.

[Andyvon]

It's your fault for hitting the cyclist. Why didn't you see or miss him? He would hardly have hit you!

[mattoc66]

I havent hit anyone.. It was just an hypothetical question

[Andyvon]

Sorry mattoc66 - I've cleaned my specs. I think it would be you if this event ever occurred in the future.

[ShawTee7]

If (hypothetically) you intend colliding ,accidentally, with one of our lycra wearing friends. May i suggest a time when there are no witnesses. This may prove helpful in any (hypothetical) court case. Especially one headed by a 4X4 driving judge!!

[Alltorque]

Just been reading latest copy of IAM's "Advanced Driving" mag, (Winter 2006, p57). They cite the case of a cyclist who ignored a cycle path and rode on the highway instead, so that motorists who wished to overtake had to illegally cross a double white line to do so. Cyclist was fined �100 so perhaps use, or not, of cycle paths is not quite "please yourself".

Answer to original question could be - quite possibly.

Please don't rant at me or IAM. IAM is merely reporting it for comparative purposes and I'm merely passing it on. My personal view is that if it's there, use it...............although I do know one in Essex that's about 10ft long. Totally pointless but doubtless helped the Local Authority meet some meaningless target.

[antony1974]

i think you are have a look at ...wwwaskthe.police.uk you should find the things yor looking for there