Lane splitting - Foot run over - The law?

I was hoping someone could help me out. I've just had an 'incident' in
the city where by I had my foot run over by a taxi. It was at crawling
pace waiting at the lights. I can't remember if I actually came up
along side him and infront of him, OR if I was in front to begin with,
and then he just crawl up and over my foot.

I don't think anything is broken, thank goodness. Just wondering my
legal position?

If I was at the lights in front of him and he drove over my foot, then
that's clearly his fault.

BUT, if I was behind him approaching the lights, and while he was
stopped I 'lane split' between him and the car next to him moving
infront of him, and THEN he crawled forward and ran over my foot, am I
at fault for 'lane splitting'?

What is allowed here in Australia? I'm in Melbourne so a Victorian
perspective would be great.

What about on freeway? is it allowed? I've heard if you indicate it's
ok?


Thanks,

James
"Very sore and sorry" :0(

VTR1000 1997 - "Black Betty"
RGV 250 proddy race bike - "Suzy"
Honda Rebel 250 - Something for the Missus ;0)

 

If you were in front of him, standing still, and he collided with you,
causing you an injury, then it doesn't matter how you got in front. Of
course, if there is evidence that you passed someone on the left, then
Mr plod might want to know about it, but is doesn't diminish the
responsibility of the taxi driver to avoid running over people.

Moike

 

Why bother? I'd put it down to an occupational hazard.

 

I just want to know what my position is in case I get home and tomorrow
I can't walk on it. I think it should be fine, but then I just wondered
what my position was.

What about lane splitting on the freeway?

Is it different say if the traffic isn't moving?


James
"Very sore and sorry" :0(

VTR1000 1997 - "Black Betty"
RGV 250 proddy race bike - "Suzy"
Honda Rebel 250 - Something for the Missus ;0)

 

All that is neither here nor there. There is no need to prove fault. You
should make a report of the accident to the police as soon as possible, just
in case you do need to claim for medical expenses in the future. As you
cannot nominate the other driver (I presume you didn't get the rego or
driver's details of the taxi driver) you can probably make a few small
embellishments of the facts in order that you don't make any admissions of
having committed any offences for which you may be charged.

Nev..
'03 ZX12R

 

I know tell me about it. I've died over 500 times doing that.

Nev..
'03 ZX12R

 

Doesn't matter since it'll end up being your word against his. Make up a
story that fits the available evidence and puts him in the wrong, then use
that. The worst case then is 50:50.
Your biggest advantage would've been calling the cops immediately. It'll be
hard for a cabbie to make an excuse if you've done all the correct
procedures and he hasn't. He automatcially looks like a thug then.
BTW which foot was it?

 

You were sationary....... he was moving .... he's at fault regardless

If anything you will probably end up catching taxis while your foot mends??

 

It's a little more invovled than that. The judge will want to know the
circumstances of how you both came to be in the situation you were in. If
the Cabbie claims you we passing him on the left as he was about to take off
you're not going to get much sympathy.

 

What judge? He said he was in Melbourne. His own third party insurance will
cover his injuries if any.

Nev..
'03 ZX12R

 

If the matter is in dispute, the insurance company will take it to court to
contest liability.
I don't know if you've ever dealt with insurance companies but they're not
the type to just hand over money willy nilly,

 

Good luck getting any intelligent answers here,try again after 5.00pm friday
night.

 

Dont accept Willy Nillys,say you want it in $au.:}

 

5pm EST or WST ?

Nev..
'03 ZX12R

 

Why would there be any dispute? who will they contest liability with? You
have no idea what you're talking about but you keep replying to this thread...


Nev..
'03 ZX12R

 

Have ya got a video. I just laughed out loud, but I have a sick sense of
humour.
I remember when I was young and stoned, riding home one night. Stopped at
the lights and didnt put my feet down. Still cant believe I did that.

 

Moral to the story for those lane splitters out there who are always after
"Pole Position" at the lights, is to make sure you don't stop at in front of
the line 'between' cars but make sure you move in front of them so they
can't try to get the jump on you and run over your foot.

While I'm here having my say, I'd also like to point out that it's bad
practice to take off with your feet dragging along close behind. Put them on
the pegs ASAP and never lane split with them hanging down.

I've never lane split in my life... LOL

 

**** I laughed. Another classic Clem minty moment!

 

heh.

I've had bubble gum stuck to the bottom of my boot *almost* stop me form
sliding my foot off the peg when coming to a stop. Fortunately it only
resulted in an ungainly lurch.

Moike

 

X-No-archive: yes

Ha hah; I think I've mentioned before that I've unknowingly dropped my
flared trouser-leg over the mach 111's kick-starter and then couldn't get my
leg down at the lights!
I stayed up but it was touch and go!
Clem