Whose at fault?

[DMC]

Hi guys, based on the below senario, wondering whose at fault and what is the next course of actions?

 

Car A stopped on the extreme left lane before a red light (1st vehicle). Then came Car B stopped on the right side of Car A and other cars stopped behind both cars too. Followed by one m/cyclist squeezed in-between Car A and Car B and stopped before the traffic light. Upon traffic light turned green, Car A moved off 1st in straight line but accidentally ran over the left foot of the m/cyclist (maybe the m/cyclist opened his leg too wide??). M/cyclist claimed painful and out of good faith, driver of Car A agreed to pay for his medical examination, but the m/cyclist asked for $200-$300 as medical fees instead. The driver disagreed and will pay based on the medical receipt.

 

Afterwhich, the m/cyclist informed he went for medical checkup for 2 times and cost ard $60. However, he claimed that he need to go for review again as well as X-ray. Now, should the driver of Car A accede to his further claims on medical expenses? If he keeps going to see doctor, the bills can chalk up real high. Or could it be a scam? On the very 1st visit, doctor should have conducted X-ray instantly if the injury tends to be serious and why wait till several visits only?

 

What you guys think?

[Limxiaoming]

Noone is to blame.

 

Case to case basis actually.

 

Motorcyclist open his leg too wide then too bad. I don't see how a car can 'accidently' run over a motorcyclist's leg in a straight road.

 

I suposed u are driver or car A?

[Furrynadz]

scam

they just want pocket money

 

[Mahjong74]

Hi guys, based on the below senario, wondering whose at fault and what is the next course of actions?

 

Car A stopped on the extreme left lane before a red light (1st vehicle). Then came Car B stopped on the right side of Car A and other cars stopped behind both cars too. Followed by one m/cyclist squeezed in-between Car A and Car B and stopped before the traffic light. Upon traffic light turned green, Car A moved off 1st in straight line but accidentally ran over the left foot of the m/cyclist (maybe the m/cyclist opened his leg too wide??). M/cyclist claimed painful and out of good faith, driver of Car A agreed to pay for his medical examination, but the m/cyclist asked for $200-$300 as medical fees instead. The driver disagreed and will pay based on the medical receipt.

 

Afterwhich, the m/cyclist informed he went for medical checkup for 2 times and cost ard $60. However, he claimed that he need to go for review again as well as X-ray. Now, should the driver of Car A accede to his further claims on medical expenses? If he keeps going to see doctor, the bills can chalk up real high. Or could it be a scam? On the very 1st visit, doctor should have conducted X-ray instantly if the injury tends to be serious and why wait till several visits only?

 

What you guys think?

 

Both party at fault but major fault goes to the car driver, maybe 80% to 20%

if report to TP.

 

Btw, your words against his words. He can also report that you banged into him slightly,

caused him to lost balance, he put his leg down to balance and got run over by your car.

 

I always let these m/cyclist go first from the traffic light just for safety precaution.

 

If it is me, just pay him $200 and get him to write and sign a letter to settle.

 

If $200 can settle him, I would said just pay and get over with it.

Edited May 13, 2010 by Mahjong74

[Benarsenal]

I'd say the motorcyclist is just suay (unlucky).

 

Again, boils down to awareness and anticipation. Any motorcyclist should know not to go too near a car in case things like this happen.

[Sgt1086]

I am a rider before and I know that m/cycle should form up properly either behind or infront of any vehicles and not in between while to stop for traffic light. So in this case the car is not in the wrong. More ever both cars arrives before the m/cycle. Yes perhaps the driver did check his blindspot for the m/cycle before miving off but then how to check his foot? The m/cyclist should be aware of the distant of his foot and the car next to him when he steps down on the road. I just feels that the rider did not observe safety thus causing unncessary accident in this situation.

[Csnewbie]

 

I am a rider before and I know that m/cycle should form up properly either behind or infront of any vehicles and not in between while to stop for traffic light. So in this case the car is not in the wrong.

 

 

Agreed.Very likely to be a scam.Don't give him anymore

money.Report to police if harassed.

[Gorakar]

I am a rider before and I know that m/cycle should form up properly either behind or infront of any vehicles and not in between while to stop for traffic light. So in this case the car is not in the wrong. More ever both cars arrives before the m/cycle. Yes perhaps the driver did check his blindspot for the m/cycle before miving off but then how to check his foot? The m/cyclist should be aware of the distant of his foot and the car next to him when he steps down on the road. I just feels that the rider did not observe safety thus causing unncessary accident in this situation.

 

Agreed. I was involved in a similar accident. Was waiting at the traffic lights in the middle lane of a 3 lane road. There was a vehicle waiting beside me on my left and for whatever reason, the driver opened his door, just as a motorbike was squeezing his way in between his car and mine! The bike hit his door and was flung over to my car, damaging both my doors and completely destroying my side mirror. The poor biker was also injured as I can see blood all over the road. I was quite stunned as I didnt expect to get into an accident while waiting at the traffic lights, even after I had stopped for quite a while. To keep it short, my workshop helped me claim both the car and the bike, as both were at fault. I was surprised that the biker had to pay but one of my friend who rides told me that they were not supposed to weave between vehicles while moving.

[Swiftee]

Could be a scam so double check the medical claims and receipts or call the clinic to verify. On the other hand the driver of the car should always check clear before moving off. I always let the motorcycles infront or beside me move off first before i step on the gas.

[Swingarm]

its easy to point fingers but hard to take d blame..... for the car, unless u r a left hand driver, sure u can gauge how near is the biker.... how big can the biker leg open??? and for the biker, he shud not stop in btw cars... he shud stop infront or behind....

[Joseph22]

Can just ignore? accident not submitted to insurance within 24 hours are consider Void right?

[RadX]

its easy to point fingers but hard to take d blame..... for the car, unless u r a left hand driver, sure u can gauge how near is the biker.... how big can the biker leg open??? and for the biker, he shud not stop in btw cars... he shud stop infront or behind....

 

 

yup...that is the law...these bloody bikers seldom follow so they deserve it.....really!

[Adrianli]

Just to let u know that medical cost can be quite high if the guy goes to a specialist.

 

Gov linked hospital as private patient : S$60+ per consltation

 

Private hospital : S$80+ per consultation

 

Foot x-ray range from S$30-100.

 

 

If visit polyclinic and referred to gov linked hospital, then its S$25 per consultation.

 

 

Medical cost in SG is very high!!! And the specialist usually request u return to them after 1st consultation till problem completely solved. If cannot be cured, then every 3, 6, 9 or 12mths see them once. I'm a regular specialist visitor so just to keep u informed of the cost involved.

 

Good luck to your case. For me, I'll also just pay him S$200 and thatz it. Asking for medical receipt is like letting him go to private hospital and you will be slaughted.

[Cybernation]

I'm a biker.. been riding for 14 years although I drive now. Ignore the rider pls. he should not form up at the side of your car in the first place. If this happens to me on my bike then I will just deemed that I'm just not in the luck.

[Gearoil]

I'm a biker.. been riding for 14 years although I drive now. Ignore the rider pls. he should not form up at the side of your car in the first place. If this happens to me on my bike then I will just deemed that I'm just not in the luck.

 

Riding for 14 years huh? what about being able to look at each human being as a human being?

 

In every issue that comes before a neutral party who is about to give his judgement on it, it is always and finally judged on what really was happening in the mindset of each individual at that point in time and what each individual could do to avoid the incident or better, to foresee it.

 

The rider might have bad habits like not being able to move off quickly enough at the junction, squeezing between vehicles and putting his foot in such a way that it could be run over.

 

The driver on the other hand lack concern for fellow human beings in that he/she could well see whether his vehicle was too close on moving off, with the biker being too close to his vehicle at initial start. In allowing the biker to at least process a little further from his vehicle, it would jolly well avert such an incident from happening. This is well within the driver to do.

 

Moreover, it is the ability of the car driver to 'control' the final outcome to avert such an incident rather than the biker who is just contributing to it.

 

 

 

 

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Why we humans, have so much difficulties in life with terrible outcomes, is that we are unable to offer genuine compassion to fellow human beings, even when it was well within our means to do so.

 

[Nmnhnlm]

Both at fault actually.

 

Driver is supposed to check sides, mirrors etc. before moving off. This one is in the TP as well. not a major fault but got points deducted for failure to check. Actually its BIG problem! If someone standing beside your car and you never check and move off, GG to you regardless of whether that person is wrong to do that or not....

 

Then rider is at fault for lining up beside the car. I don't know much about bike rules but I think the bike should be front or back of car and not beside.

 

However, for this case, the driver is at greater fault because a human is hurt here, not a machine. Thus LL..... People will always have sympathy towards the person who is hurt, not whos right or wrong.

[Sbtyong]

The driver on the other hand lack concern for fellow human beings in that he/she could well see whether his vehicle was too close on moving off, with the biker being too close to his vehicle at initial start. In allowing the biker to at least process a little further from his vehicle, it would jolly well avert such an incident from happening. This is well within the driver to do.

 

Moreover, it is the ability of the car driver to 'control' the final outcome to avert such an incident rather than the biker who is just contributing to it.

 

Firstly, its an accident. Nobody want it to happen.

 

I was a biker. Biker need to know all the safety hazzels, as riding can be dangerous if you are not aware of your surrounding. In this case, he should not squeeze in between 2 cars, he should already know what kind of risk for such an action, moreover, he still open his leg wide wide. I'm not saying Serve him Right, but he really need to learn about safety, before something more terrible happen to him.

 

Talk about controlling the outcome - I would think that it is the biker who can control the outcome for such incident.

[Hiphiphoray]

Definately the bikers fault. He has choosen to position and endanger himself. He can always line up safely behind. But knowing typical motocycist this hardly happens.

 

How do u expect the car to aviod him when he sqeezes in like that ?