Riding in bus lanes is slowly starting to be allowed in towns and cities, but often with specific time limits.
So what happens when you’ve had a prang when a car has turned across you and you realise that you weren’t actually permitted to use the bus lane at that time of day?
There was a case where the county court deemed the person in a bus lane to be fully at fault for the accident, on the basis that they shouldn’t have been using the lane at the time. In fact it was a car rather than a motorcyclist using the bus lane in this particular case.
However, many solicitors will be of the opinion that the judge was wrong to make the car driver fully at fault in this case. Obviously you shouldn’t be using a bus lane if you’re not permitted to.
But there is still a clear duty for any motorist to make sure any lane is clear of traffic before pulling across, bus lane or not, because a taxi or a pedal cyclist could have been using the bus lane at the time.
Although this court decision exists, this should not prevent you from pursuing a claim against the other party if you find yourself in the same position.
But it’s likely you may have to accept some responsibility, to reflect the fact that you were using a bus lane at a time when you weren’t supposed to.