Filtering incident - driver opening their door

Riding home on the A13 last night I was almost involved in a filtering incident when a driver in lane 2 (of 3) opened their door as I was about to mooch past.Traffic speed was about 10 mph, my speed was about 20 mph, possibly less as I feel quite exposed when filtering nowadays. I had just started to pass the 'offending' car when the driver fully opened his door into my pathway. One emergency stop later, the bike pulled up about a foot and a half from the driver's arm.My question is, had I connected with the driver/car door, whose fault would it be?I think I've heard of legal cases involving car drivers opening their doors on cyclists, causing quite a few injuries and then the car driver being prosecuted for driving without due care (though I stand to be corrected on this).

Car still moving??

hmm - I'd say that'd be a hard one to proove without witnesses - but it's certainly an abnormal action, and if he's opening the door I'd also say he could be open to a driving without due care and attention charge, so all in all I'd say it would swing your way if there was any official interest.


Well done on stopping though and avoiding impact. I assume there was some choice verbage...

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non quod, sed quomodo

The guy opened his door while doing 10 mph? I can't think of an innocent reason for doing that. If the traffic had slowed to a stop, I would have personally slowed down to 5 possibly 10 myself. If your differential had been much higher I think you would share the blame as it could be argued that you weren't overtaking with adequate care.

I had to do an e stop myself this morning, mind on work (a rare thing for me even when at work) took a left filtering path earlier than I usually do at that place, i.e. south of a busy tee junction didn't notice the lorry slowing to my right to leave a gap as I was watching the car coming out to my left too long and nearly got taken out by an oncoming car darting through it to turn right.

So undertaking, at a junction, poor obs, what can't you see etc but the one thing both of us must have got right was the speed, as we were able to stop safely albeit with our hearts in our mouths.

Just glad I don't have twin discs as it was damp and greasy and I did grab quite a handful.

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http://www.germanshepherdrescue.co.uk/

http://biggsd.com/

http://www.petitiononline.com/bruno09/petition.html

Yup, car still moving. I can only assume his door wasn't closed properly and he thought it was a good time to sort that.I was surprisingly restrained and shouted something like "Cheers for that!". I usually only get out of my pram on the minor issues. Agreed. Any quicker and I would have contributed to my own possible demise.Just like me last night, fistful of brakes on greasy roads. I've slowed quite a bit when filtering, so my mind was racing with what could've happened had I been travelling quicker.

I believe - and i stand to be corrected - that it's illegal to get out of a car when it's in traffic. Now I assume from your write up that no-one was leaving the vehicle, but still, a check in the mirrors before opening a door isn't a lot to ask and I should think would fall under the driving without due care and attention banner, especially in moving traffic.

It's a sobering thought. How many times do we make an instant decision to get on the throttle when we don't have all the what if?s covered? It is so easily done.

One of the worst things IMO is when you arrive at the front of the queues just as the lights go red and amber and launch it into a nice big empty space. Just the sort of place where someone in a car will decide do do a u turn or a kamikase pedestrian will dash or some anarchic contraflowing cyclist will turn into, seeing nothing but a row of stationary cars and thinking they've got time...

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http://www.germanshepherdrescue.co.uk/

http://biggsd.com/

http://www.petitiononline.com/bruno09/petition.html

Rule 151:

be aware of cyclists and motorcyclists who may be passing on either side

from

General advice ( 144-158 ) : Directgov - Travel and transport

"Should be aware of" isn't the same as "must give way to". In my example the car driver wasn't aware of me filtering, but I should have been ready for someone to turn who wasn't shoulding. As it happens I was but only just.

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http://www.germanshepherdrescue.co.uk/

http://biggsd.com/

http://www.petitiononline.com/bruno09/petition.html

What was he doing opening his door? trying to prevent you filtering?

Had that happen a few times before. Most recent being last week whilst going through Docklands, standstill traffic though. A guy just opened his door. I'm not sure who it frightened the most! He apologised profusely (I'm very intimidating on my scoot whilst wearing hi viz) and said he was just going to get his laptop from the boot. It was only as I rode home that I realised some twat was now presumably using his laptop whilst driving!

Legal wise I'd guess it was his actions that caused the accident had it of happened. Can't imagine a court siding with him over you?

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The bloke that did that to me was tipping out a cup of coffee!

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The licking dog screen cleaner is back!
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Legally, I would have thought he would have difficulty sticking it on you if he's opened his car door in your path - particularly doing this whilst he was still moving.

Evidence wise, I'd have thought all you would need would be a photo of his door hanging off its hinge .

Specific offence "opening door to danger" nice fixed penalty ticket.
If someone has to deviate (either make a turn or slow down/stop) the offence is complete .They have NO defence .

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Idiots authority
Promising equality
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useful stuff!

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non quod, sed quomodo

Every single car/lorry driver who did it got prosecuted if i saw them.Never lost a court case either (as lorry drivers cannot be given fixed penalty tickets for this offence............just huge fines).
its the most twatish thing to do to a cyclist or other road user

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Idiots authority
Promising equality
So where is the land of the free?
Stop it you're killing me