Minibus pulls out on me and I'm to blame?

[barneyred]

New to the forum so please accept my apologies if this is asking too much so soon.

I need a bit of advice please.

Last week I was cycling home, along a wide road with plenty of room to cycle past cars on their nearside. Coming up to a left junction a minibus was waiting to turn right. As I got closer to the junction I was undertaking a car which was closest to the junction. The driver flashed to the minibus indicating he was stopping to allow him to pull out and turn right. The minibus didn't see me and pulled out in front of me and I went into the drivers door, denting it and writing off the front end of my bike.
The driver initially claimed it was the driver who flashed fault . ( The flashing driver drove off) As he, and four of his mates started to be aggresive towards me, I called the police. Things calmed down a bit and he agreed to pay for the damage.

When the police came they were very anti bike and one of them stated that it was 6 of one half a dozen of the other. He was wrong to pull out and I was wrong to be undertaking. I reckon that's bollocks. Anyway after the police said that he decided to retract his offer to pay for the damage and said he would go through his insurance, he then also at this point said one of the passengers in the bus was complaining of neck pain.

Are the police right, will I have to share the blame? Is there a place I can find an answer to this?

 

[AndiG]

In my experience dont expect anyone to yield to you, I would have waited till the minibus had committed to whatever he was doing. I treat everyone like they are trying to kill me, that way I am much safer.

Also you are partially to blame as undertaking cars is dangerous at the best of times never mind at a junction.

 

[alienator]

New to the forum so please accept my apologies if this is asking too much so soon.

I need a bit of advice please.

Last week I was cycling home, along a wide road with plenty of room to cycle past cars on their nearside. Coming up to a left junction a minibus was waiting to turn right. As I got closer to the junction I was undertaking a car which was closest to the junction. The driver flashed to the minibus indicating he was stopping to allow him to pull out and turn right. The minibus didn't see me and pulled out in front of me and I went into the drivers door, denting it and writing off the front end of my bike.
The driver initially claimed it was the driver who flashed fault . ( The flashing driver drove off) As he, and four of his mates started to be aggresive towards me, I called the police. Things calmed down a bit and he agreed to pay for the damage.

When the police came they were very anti bike and one of them stated that it was 6 of one half a dozen of the other. He was wrong to pull out and I was wrong to be undertaking. I reckon that's bollocks. Anyway after the police said that he decided to retract his offer to pay for the damage and said he would go through his insurance, he then also at this point said one of the passengers in the bus was complaining of neck pain.

Are the police right, will I have to share the blame? Is there a place I can find an answer to this?

Yup. You're to blame. Ride properly and such things are less likely to happen.

 

[oldbobcat]

As I got closer to the junction I was undertaking a car which was closest to the junction. The driver flashed to the minibus indicating he was stopping to allow him to pull out and turn right.

I think the pivotal word for me is "undertaking." In the context of traffic I'm inclined to infer that it is somewhat the opposite of "overtaking." Is to undertake to be overtaken, and when is the over- or under-taking consummated?

To me it all depends on (a) where you were when the driver signaled the minibus operator, (b) if you saw that signal before the collision occurred and, if so, you took appropriate action to avoid a collision.

 

[steve]

Are the police right, will I have to share the blame? Is there a place I can find an answer to this?

What part of the world are you from? road laws vary from place to place.

 

[maander`]

New to the forum so please accept my apologies if this is asking too much so soon.

I need a bit of advice please.

Last week I was cycling home, along a wide road with plenty of room to cycle past cars on their nearside. Coming up to a left junction a minibus was waiting to turn right. As I got closer to the junction I was undertaking a car which was closest to the junction. The driver flashed to the minibus indicating he was stopping to allow him to pull out and turn right. The minibus didn't see me and pulled out in front of me and I went into the drivers door, denting it and writing off the front end of my bike.
The driver initially claimed it was the driver who flashed fault . ( The flashing driver drove off) As he, and four of his mates started to be aggresive towards me, I called the police. Things calmed down a bit and he agreed to pay for the damage.

When the police came they were very anti bike and one of them stated that it was 6 of one half a dozen of the other. He was wrong to pull out and I was wrong to be undertaking. I reckon that's bollocks. Anyway after the police said that he decided to retract his offer to pay for the damage and said he would go through his insurance, he then also at this point said one of the passengers in the bus was complaining of neck pain.

Are the police right, will I have to share the blame? Is there a place I can find an answer to this?

You might the following link quite interesting from yacf.co.uk. It discusses the phenomenon
of motorists doing silly manouveres on the road then blaming the other road users
who are inconvenienced by their actions:

Why did you do that?

maander

 

[Gretzky1]

Were you using a lane while undertaking?
If so, according to some countries laws, bike are legally allowed to take up a whole lane which means you would be in the right.
In Australia, this is the case. Although the law reccomends we keep to as left as possible. We are still entitled under the law to use a lane.

As for the other car that flashed to allow the mini bus, well he did nothing wrong as he did not signal for yourself, but only for the car he was in.

In my opinion, it was the mini bus driver that was at fault, but like a couple of the others have said, you will need to check your countries and also your state laws to see where you stand on this.

Best thing to do would be to speak to a bicycle advocacy group or if you have a national cycling body, have a speak to them & they can put you on the right path.