Who's Fault Is It?

Legally speaking the truck driver was in the wrong, but he should have known better than to ride like he had a perfect view of the intersection.
 
is it legal for a vehicle to pass another vehicle in the same lane as he did to that old pickup?
 
is it legal for a vehicle to pass another vehicle in the same lane as he did to that old pickup?
For him it is. People around here have mentioned the HTA rules regarding sharing a lane, generally it's unacceptable, but I think there's 2 circumstances where you can. Don't hold me to it though and hopefully someone else can shed light on that.
 
I don't know South African law, but it was foolish to make that move after not being able to see around the truck blocking his view, following as close as he did. The Truck he hit never had a chance to see him.

Here you can pass on the right (shoulder side), if safe to do so. It obviously wasn't.
 
Its the riders fault as he was following to closely and had to swerve around the first truck as he wasn't able to stop in time without rear ending the it.
The truck in front of the biker was letting the other Big truck go (or getting cut off) but the rider had no right to swerve around him.
If the truck in front of the rider hit the Big Truck it would be the Big Trucks fault but because the rider swerved around without looking it makes it his fault.
 
Its the riders fault as he was following to closely and had to swerve around the first truck as he wasn't able to stop in time without rear ending the it.
The truck in front of the biker was letting the other Big truck go (or getting cut off) but the rider had no right to swerve around him.
If the truck in front of the rider hit the Big Truck it would be the Big Trucks fault but because the rider swerved around without looking it makes it his fault.
Of all the things he was doing, following too closely wasn't one of them. It looks like the truck is going to make a right hand turn when he's actually braking because the other truck crept through the intersection and crossed the center line, which is why he would be at fault when it comes to insurance. That being said, the rider should have slowed anyway.
 
if this were in canada...

legally that would be the rider's fault. passing on the left, improper lane position, etc.

however, in the eyes of the ins. co, i'd put 25 on the cube and 75 on the rider.


however i believe that you are allowed to pass on the left in SAf
 
Of all the things he was doing, following too closely wasn't one of them.

If you rear end anyone are or have to swerve to avoid rear ending them and get into an accident no matter how close you actually are, That is classified as following to closely.
 
if this were in canada...

legally that would be the rider's fault. passing on the left, improper lane position, etc.

however, in the eyes of the ins. co, i'd put 25 on the cube and 75 on the rider.


however i believe that you are allowed to pass on the left in SAf

Notice how they drive on the left rather then on the right?
 
Regardless of the actual law in that country Id blame the rider, even if it was myself Id be kicking myself in the ***. He should have seen that coming...
 
Regardless of the actual law in that country Id blame the rider, even if it was myself Id be kicking myself in the ***. He should have seen that coming...

+1. Legal or illegal, it was a Bad Thing to do.
 
Notice how they drive on the left rather then on the right?

hm... i wonder why i wrote
"if this were in canada"
"passing on the left (not right)"
"SAf"
 
hm... i wonder why i wrote
"if this were in canada"
"passing on the left (not right)"
"SAf"

Yes but you also said

"legally that would be the rider's fault. passing on the left, improper lane position, etc."

As passing on the left would be like passing on the right for them. and the truck driver turning right is like making a left turn.
 
If you rear end anyone are or have to swerve to avoid rear ending them and get into an accident no matter how close you actually are, That is classified as following to closely.
Except that video isn't proof of that. He doesn't rear-end the truck, nor does he actually swerve suddenly. Given the distance he had it's very possible he could have stopped just to the left of the truck, but he didn't because the assumption was made (which I made too until the accident happens) that the truck was making a right hand turn.
 
As far as I know what he did is legal as the truck he was passing had his signal on to turn right. The part that makes it completely his fault is he should have seen that other truck and stopped before he passed.
 
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