Hit by a car today. Apparently I was in the wrong! Just WOW

[GrubNut]

I got nailed by a car on the way to work today. Nothing broken but pretty spectacular. I basically can't move my right arm. I was riding down a hill past slow moving traffic, when a car pulled out from the traffic into my path to turn left down a side street. I slammed into the side of the car at full speed and flew over the bonnet and landed on the other side.

Amazingly the cops said I was in the wrong! I could not believe my ears. I copped a $58 fine for failing to give way! And presumably no recourse for me to get compensation for my smashed kit.

They cited "Cars giving way to bikes". see in this PDF

http://www.bv.com.au/file/file/Road rules for cyclists_1.pdf?phpMyAdmin=DhLMKS7n7oG8nIonGyRgo-K1uw6

So since the car was "ahead" of me when it went to turn left, it is allowed to collide with a cyclist, and you get a fine for your trouble. How fucked up is that?

 

[Barrington]

thats damn unfair. So your bikes totally screwed? What bike is it? No one cares about anyone these days, just themselves, its sad.

 

[Chalkie]

That seems ridiculous! Obviously if you hit the car at full speed you had no time to react and hence the car pulled out at late notice, right? Therefore this should apply...

"A car driver who speeds up and tries to cut in front of the cyclists is in effect breaking rule 144. Rule 144 refers to motorist overtaking: they must keep a safe distance and not cause a collision with the vehicle they are overtaking (e.g. a bicycle) or obstruct the path of that vehicle."

 

[henryg]

Hey man thats fucked ay, the same thing happened to me the other day except I was in the car... Luckily no damage to the poor kid.

It seems very wrong you copped a fine!?

 

[L.P.]

I believed the rule was that a motorist is allowed to turn left from the left lane. If he had to cross a lane (either a car lane or bicycle lane) then he must check to ensure that he will not hit another vehicle.

Basically, if you were in a bike lane, i believe you were in the right.

If you were in the same lane as the motorist, but trying to pass him anyway, i thought you were in the wrong. this causes a grey area on roads where there are no marked lanes, just one lane wide enough for two vehicles.

That said, if you were in front of him then he passed you and immedietly turns or changes lane, that violates a different road rule, and he was in the wrong.

Disclaimer - im not 100% sure. But that is thay way i read it.

 

[GrubNut]

That seems ridiculous! Obviously if you hit the car at full speed you had no time to react and hence the car pulled out at late notice, right? Therefore this should apply...

"A car driver who speeds up and tries to cut in front of the cyclists is in effect breaking rule 144. Rule 144 refers to motorist overtaking: they must keep a safe distance and not cause a collision with the vehicle they are overtaking (e.g. a bicycle) or obstruct the path of that vehicle."

Yeah the cop seemed to acknowledge there was no way for me to actually give way, but I was moving faster than the traffic, hence the car did not speed up an cut in front, and he decided 144 did not apply.

 

[Breaka]

What a joke. Even if you happened to be in the wrong surely the copper could have atleast been a little human, used his discretion and not given you a fine!

 

[GrubNut]

Extra info: There was no bike lane but it was a main road and there is room for one just one lane of traffic and parked cars.

There are were no parked cars and I never see cars parked at peak hour so lots of room for bikes - it's a popular route in the morning - High st Northcote going south down ruckers hill.

 

[John U]

If a car ahead of the cyclist indicates a left hand turn the cyclist must let the car
make the left hand turn.

If the driver indicated then I am guessing you don't have a leg to stand on. You are probably meant to be going at a speed that you can avoid hitting a car indicating and then turning left.

If the driver indicated then you probably need to slow down or be more alert.

If they didn't indicate then I would say the driver was in the wrong, the cops are in the wrong, the fine is bull shit and the driver should pay for all your damages.

I used to belt down the left side of Barkers Rd passed slow moving cars on a route into the city. I became fairly careful after a few near misses from drivers doing all sorts of crazy shit. Lack of use of indicators was a common one.

Take it easy. There's no point in being right if your splattered on the road in the process.

 

[GrubNut]

If a car ahead of the cyclist indicates a left hand turn the cyclist must let the car
make the left hand turn.

If the driver indicated then I am guessing you don't have a leg to stand on. You are probably meant to be going at a speed that you can avoid hitting a car indicating and then turning left.

If the driver indicated then you probably need to slow down or be more alert.

If they didn't indicate then I would say the driver was in the wrong, the cops are in the wrong, the fine is bull shit and the driver should pay for all your damages.

I used to belt down the left side of Barkers Rd passed slow moving cars on a route into the city. I became fairly careful after a few near misses from drivers doing all sorts of crazy shit. Lack of use of indicators was a common one.

Take it easy. There's no point in being right if your splattered on the road in the process.

Yep, well I do not know if the driver was indicating or not. I guess you're right and I just have to ride in a manner such that I can avoid collision regardless of driver behaviour in this kind of situation.

 

[John U]

Yep, well I do not know if the driver was indicating or not. I guess you're right and I just have to ride in a manner such that I can avoid collision regardless of driver behaviour in this kind of situation.

If it makes you feel any better from my experience it's probably a 90% chance they didn't indicate. Hope you mend quickly. Bad luck about the bike but that can be replaced.

 

[floody]

Thread should read 'I hit a car today'.

 

[Battler]

Thread should read 'I hit a car today'.

Followed briskly by a flying lesson that lasted 1.5 secs that cost a fine + bike. Rip off if you ask me.

 

[thecat]

Yeah the cop seemed to acknowledge there was no way for me to actually give way, but I was moving faster than the traffic, hence the car did not speed up an cut in front, and he decided 144 did not apply.

The car still has to check it's safe and give way before changing lanes... If it's only a small fine it's probably not worth the hassle but I'd seek legal advice on principal

 

[jgdj18]

The car still has to check it's safe and give way before changing lanes... If it's only a small fine it's probably not worth the hassle but I'd seek legal advice on principal

sounds like the car was not changing lanes though. If there was only one lane, and the car was turning left, its simply making a left hand turn and not changing lanes.

Sorry to hear you got hurt mate, but it sounds like it was your fault. And all the talk about your bike, what about the drivers car? I'm sure it was damaged by the sound of it.

Technically, you were overtaking all the cars if you were going faster than they were, and to overtake you should be using a separate lane. By the sound of it, there was only one lane and so your overtaking down the outside of the one lane was illegal.

If a driver is in the left lane or in the only lane and looking to turn left, they usually don't have to look in their mirrors to see if anyone is comming up fast on the outside of their lane when making a left turn.

Hope your arm gets better mate

 

[sawtell]

Thread should read 'I hit a car today'.

agreed.

The car still has to check it's safe and give way before changing lanes... If it's only a small fine it's probably not worth the hassle but I'd seek legal advice on principal

he wasnt changing lanes, he was turning from the far most left lane, onto an adjacent street.

s And all the talk about your bike, what about the drivers car? I'm sure it was damaged by the sound of it.

Technically, you were overtaking all the cars if you were going faster than they were, and to overtake you should be using a separate lane. By the sound of it, there was only one lane and so your overtaking down the outside of the one lane was illegal.

agreed, IMO your lucky the driver isnt chasing you for damages to his car, if you hit that hard, surly you scratched it. a scratch in paint can cost you alot more then your 58 bucks fine..


I love these threads, OOO NOOO A CAR HIT AN INNOCENT BIKERIDER!!!!!

as has been stated, it actualy sounds like you are in the wrong, yes its an accident, and if i was a cop i would have not given you a fine.

but lets put it this way, if you were driving behind a car, in a car, and it went to turn left, and you were to go around it on the left hand side, and you plowed into its side, you would be in the wrong?

the same goes for a bike, even through you didnt know if it was turning left, you were still overtaking on the left hand side, not in a lane, breaking the law.

got to keep those eyes open, its the classic case of a bike is classified as a vechile on the road, and they must abide by ALL the same laws, not just the laws you want to abide by.

 

[RCOH]

Just smash the mirrors off a few other cars later. Even.

 

[GrubNut]

but lets put it this way, if you were driving behind a car, in a car, and it went to turn left, and you were to go around it on the left hand side, and you plowed into its side, you would be in the wrong?

the same goes for a bike, even through you didnt know if it was turning left, you were still overtaking on the left hand side, not in a lane, breaking the law.

Sorry but reg 141 states bikes can overtake on the left.

http://www.austlii.edu.au/au/legis/nsw/repealed_reg/arr210/s141.html

It comes down whether the driver was indicating. I don't recall seeing any indicator, but I am contacting the witnesses to see if they noted presence or absence.

 

[the.forsaken]

getting hit/hitting cars sucks... almost been in the same situation a few times when cars in stopped/slow traffic make a random left turn without indicating or looking!

 

[Reece.]

Ive been taught this from a very young age....

You have to drive (ride) for other people.

Be aware of whats going on around you, never assume that someone wont turn out on you and always expect someone to do something stupid.
Yes it does suck that you had to go through this and i do think that you shouldnt have gotten a fine, but even if i was driving i wouldnt expect some bloke on a bike to be smashing through on a bike.

Cars will always beat a bike+rider in a crash so dont think that you have right of way (even when the law says you do) majority of drivers wouldnt have a clue about rules in regards to cyclists and you will always come off second best!