Quote DHM="DHM"I was driving down a very dark A road in rural Oxfordshire a few years ago at night, it was the way I usually drove home from work and unlike many on that road I don't drive like total ***t.
It was very dark, no moon and cloudy and no lights for a couple of miles. I stared into the gloom and then 5 feet infront of me there appeared in the headlights (when I say "appeared" he obviously was already there I just hadn't been able to see him) the most dangerous man in Britain. He was wearing (and I remember in great detail as I practically sh@t myself because I thought I was going to kill him) a long black coat (1930's style), black trousers and a black wooly hat. He was ridning a black bicycle straight from a Hovis advert, with no lights and no reflector. He must have been 70.
How the f*** he had made it to 70 I will never know.'"
But, you were driving in a manner that you could avoid an obstruction within the distance you could see to be clear. Self-evidently, as you didn't mow him down. On the facts I'd say you were probably exceeding the standard required, of the average motorist. If you had hit him, the case against you would have been that you could not stop within the distance you could see to be clear. That would have been an interesting case. It would certainly be a case where a high degree of contributory negligence would be aimed at the cyclist.
The Highway Code states that (59) you should wear
"light-coloured or fluorescent clothing which helps other road users to see you in daylight and poor light"
"reflective clothing and/or accessories (belt, arm or ankle bands) in the dark."
Those are not legal requirements but can be cited in support of alegations of negligence.
It also states (60)
"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)." Failure is an offence, as the quotes are from actual Regulations.
Quote DHM Anything that helps kids, anything that helps motorists see kids has to be worth it.
As for the incident here, really, the insurance company should be ashamed. Pay the money, stop squirming. It's not like they won't recover it by jacking all their customers premiums up.'"
Indeed.