Car crash with cyclist without lights?

Sinistra

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/Cyclists/index.htm

lots of information there. it does clearly state:

At night your cycle MUST have white front and red rear lights lit. It MUST also be fitted with a red rear reflector (and amber pedal reflectors, if manufactured after 1/10/85). White front reflectors and spoke reflectors will also help you to be seen. Flashing lights are permitted but it is recommended that cyclists who are riding in areas without street lighting use a steady front lamp.

and then to back this up in the legal bit:

Although failure to comply with the other rules of the Code will not, in itself, cause a person to be prosecuted, The Highway Code may be used in evidence in any court proceedings under the Traffic Acts (see 'The road user and the law') to establish liability. This includes rules which use advisory wording such as â€˜should/should notâ€™ or â€˜do/do notâ€™.

So it may be that in the case of a cyclist not using lights at night, can be held liable for an accident, if a vehicle has been in an accident with them.

As for people saying "you cannot blame children if you hit them." well quite honestly, depending on their age, either the kids themselves or their parents are to blame. i was driving home the other night, at the speed limit, when suddenly 2 kids on a bmx shot out across the road, with no lights, helmets, reflective clothing etc. i was lucky not to hit them. they can't have been any older than 10, and this was about 11pm at night. i was driving safely, and they were arsing about on a bike.

there is only so much anticipating of doom you can do whilst driving - most days can pass without incident, but now and again, you'll get a nasty surprise - if you spend every moment at the wheel expecting that nasty surprise, you'll be driving at 5mph and quite honestly, it'd be faster to walk.

Marky

No, not automatically the drivers fault.

I remember about 4 years ago a tragic case of two young girls were killed when riding a night on a road with no lights at all. Driver was terrible shocked, but quite rightly no charges against him. I even go as far as to say the parnets of the girls should have been charged for failing to ensure theier children ride safely.

EDIT: Here's another

Billbob

no it is the cyclist fault
if the cyclist did not have lights then drivers can not see them

but this is Britain sometimes i think the police make the law up as they go along

Zipperhead

man... that's crazy... I would say no.. the bike guy must also have due diligence to care for him/her self.
I'm in the USA but that seems nuts if they blame YOU.

Lord_Darkclaw

It's a grey area. Imagine if you crashed into an 11 year old riding a bike with no lights; children have little sense of danger and have no legal responsibilities as such. As a driver you have a legal responsibility to look out for the safety and welfare of children. A bicycle requires no license and there are no restrictions on who can ride; a cyclist is essentially a pedestrian using the road.

Edit* Reading some the responses above is a little worrying, they sound a lot like "sorry mate, I didn't see you". Too many people drive with an attitude that the road ahead will be clear whether they can see what's ahead or not, when in reality there could be a tractor around the next bend, a caravan stuck in a hedge, horses, lost children wandering in the road, sheep, cows, trailers, oil slicks, crashed cars.. you name it; and to drive like that at night increases the danger ten-fold.
Bottom line: Never drive faster than you can see to stop in time.

mark

No, not automatically. The law requires that you have suitable lights (reflectors don't count).

If it can be proved that you could see the cyclist, there still might be a case for a 'due care' charge, but I doubt this would stand up.

If you are in trouble try http://www.motoringlawyers.com they managed to get some one off, after he'd knocked me off my motor bike.

Rachel

this doesnt sound right at all. Your car insurance should have legal cover on it. Contact them and get some legal advice. I dont see how you can be at fault for this at all

CEILING CAT!!!

It would blatently be the cyclists fault! The driver wouldnt get done!

snetterton

It depends on the situation. You as the car driver will of course be prosecuted if you were speeding, driving too fast for the road conditions, on the wrong side of the road etc etc etc. This is regardless of whether or not the cyclist was displaying legal lights. But each case is different and I would suggest you get a lawyer involved at an early stage.

gordonmother

What everyone forgot to mention ,that it depends also on the age of the rider.If he or she is a minor, you may be charged even if he or she did not have lights on their bikes and you will definitely be sued by their parents if they have been injured.

wonderingstar

can you prove they didnt have lights ?
I only ask because from my experience of things like that the bike would magicly grow them thus rendering me at fault.

Desmond

I THINK THAT IT DEPENDS ON THE SITUATION.. 4 EXAMPLE IF THE CYCLIST CROSSES A CROSSING WHITH RED LIGHT ON THE TRAFFIC LIGHTS THE GUILTY IS THE CYCLIST.
I'M ITALIAN AND I HOPE YOU'LL UNDERSTAND WHAT I WANT TO SAY.. COME TO VISIT ANSWER ITALY IF SOMEONE STUDIES ITALIAN.. BYE..

washerl

the law is you must stop your car in your visible space;
it means the drivers get the blame for everything.

cyclist surly ? i nearly hit a mini moto a short while ago with no lights on and he was on the wrong side of the road at night

oklatom

Wow, a bunch of questionable answers to this one. Anytime the driver of a vehicle runs into something, the driver is at fault for not having his vehicle under control.

Think about it for a minute, a pedestrian would not have lights or reflectors, does that mean it's okay to run into them?

But the amount of fault the driver has can be modified by the facts. The lack of lighting as required by law may reduce their claim by a percentage, all the way down to zero percent. But the primary assumption is it is the drivers fault if he hits a cyclist, pedestrian, stopped, or parked car.

Help Service

Yes, the driver would be guilty for not driving safely and carefully. Also, I personally don't know of any websites that depict such an accident, though I'm sure some must have blogged about it or something.

Hope this helps!

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