Filtering and pedestrians

[adrug]

Suppose I'm filtering through stationary traffic on a central London road (think Strand) and I crash into a pedestrian. He is crossing the road through two lanes of stationary traffic on a red light (mine is green). Am I in any way to blame? What can I do, other than being very careful and filter through slowly, to avoid this?

[pwa]

What is "filtering"? Is it a legal manoeuvre you will find approved in government publications / Highway Code etc, or is it a "making it up as you go along" thing? If it's the latter you are on dubious legal ground.

[adrug]

I looked at this: http://www.cyclelaw.co.uk/overtaking-an ... st-cycling

It seems to me that when you have stationary/slow moving traffic and you are slowly going in between two lanes of cars, this is perfectly legal - am I wrong about that?

[SA_SA_SA]

From HC(motorcycle section):

Rule 88

...When in traffic queues look out for pedestrians crossing between vehicles and vehicles emerging from junctions or changing lanes. Position yourself so that drivers in front can see you in their mirrors. Additionally, when filtering in slow-moving traffic, take care and keep your speed low. ...

https://www.gov.uk/rules-motorcyclists-83-to-88/general-guidance-83-to-88

If it is OK for motorcyclists then it should be OK for cyclists (what is not forbidden is allowed):

So, IMO filtering is OK but you must be going slow enough, and be alert enough, to stop for any pedestrians who had the idea of "oh the traffic has stopped, I might actually be able to get across the road sometime today".

NB in the UK the red pedestrian figure merely gives advice not a legal command to stop.

[beardy]

Similar occurrences with motorcycles and cars that are crossing the road out of junctions etc have awarded split negligence when they consider the motorcyclist was not taking adequate precautions despite the fact they had priority over the car drivers.

So same goes, if you were being reasonably cautious you should be OK but if you were flying through, relying on having priority over the pedestrians you could be held partly to blame.

[Vorpal]

Filtering is a common term for riding between lanes of traffic.

It is legal, and one of the advantages of riding a two-wheeled vehicle.

Even the HC makes reference to vehicles filtering
https://www.gov.uk/rules-motorcyclists- ... e-83-to-88
https://www.gov.uk/using-the-road-159-t ... 170-to-183

It does require some care at junctions, as vehicles may be turning, changing lanes, etc. I prefer to use a trafffic lane to traverse a junction, but of course, when traffic is stationary, there's no point in joining a queue.

In an incident involving a cyclist and a pedestrian in circumstances like those described in the OP, the law is not clear. It's best to be cautious and avoid any incidents, even if pedestrians are crossing against the lights. People don't always think about filtering traffic when they decide to cross between stationary cars.

[Mick F]

Suppose I'm filtering through stationary traffic on a central London road (think Strand) and I crash into a pedestrian. He is crossing the road through two lanes of stationary traffic on a red light (mine is green). Am I in any way to blame? What can I do, other than being very careful and filter through slowly, to avoid this?

I reckon you would be in a way to blame.

Pedestrians have a special place on the roads, they can cross anywhere they like unless there are specific restrictions to stop them.
If you're on a busy street and you are legally filtering, it is beholden to you to look for hazards.

This doesn't in any way absolve the pedestrian. He would be as much to blame as you.
You asked "Am I in any way to blame?" and I reckon you would ............. but so would the pedestrian.

[Pete Owens]

Presumably the reference to lights means this was a pedestrian crossing in which case highway code rule 191 applies:

You MUST NOT overtake the moving vehicle nearest the crossing or the vehicle nearest the crossing which has stopped to give way to pedestrians.

and also rule 193:

You should take extra care where the view of either side of the crossing is blocked by queuing traffic or incorrectly parked vehicles. Pedestrians may be crossing between stationary vehicles.

[snibgo]

Rule of thumb: if a vehicle crashes into a pedestrian, the fault is with the "driver".

True, a court might find the pedestrian contributed some negligence. It's easy to imagine a circumstance where a pedestrian and cyclist can't see each other until it's too late.

What can I do, other than being very careful and filter through slowly, to avoid this?

That's exactly what you should do.

[mike_dowler]

Use your bell. I used to get this regularly when riding in a cycle lane up the inside of stationary traffic. Unless you are on a 'bent, most cars are not too much of an obstacle to los. Buses, however, are a real problem. Keep your speed down, your eyes open, and expect a pedestrian anywhere that you can't see.

[JimL]

Rule of thumb: if a vehicle crashes into a pedestrian, the fault is with the "driver".
.......

If we had presumed liability it would be true in civil cases in the absence of any other evidence that the driver was to blame but we don't so it's not.

As has been said filtering is perfectly legal and one of the advantages of using a bike. If a collision occurs each case must be decided on the circumstances.

[thirdcrank]

Pay close attention to your duties towards other road users - in this case pedestrians who are generally the most vulnerable people on the road and include the very, very young and the very, very old as well as people with all manner of infirmities - and forget about "rights of way."

[Mick F]

Yep.
Agree entirely.

Pedestrians have a special place on the roads, they can cross anywhere they like unless there are specific restrictions to stop them.
If you're on a busy street and you are legally filtering, it is beholden to you to look for hazards.

[MikeF]

Pay close attention to your duties towards other road users - in this case pedestrians who are generally the most vulnerable people on the road and include the very, very young and the very, very old as well as people with all manner of infirmities - and forget about "rights of way."

Yep.
Agree entirely.

Pedestrians have a special place on the roads, they can cross anywhere they like unless there are specific restrictions to stop them.
If you're on a busy street and you are legally filtering, it is beholden to you to look for hazards.

Yes. Agreed. If you hit a pedestrian it will be the riders "fault". In effect a pedestrian always has a "right of way"