Originally Posted by
cxwrench
This is not an example of hitting someone that is turning, this is someone pulling off the road (path) w/o signaling then turning across the path w/o looking OR signaling. What if you do ring a bell or yell 'on your left' and the other person says you didn't or they didn't hear you? What happens then?
Did we collide? If so then are there injury or property damages? And in that case are the injury or property damage something that one of the parties involved expect the other party to compensate them for?
If so, and I was the person overtaking, then I'd probably have a hard time in court. Because many bike on bike mishaps don't result in a fatality or severe injuries, many bike mishaps never go to court and there are a lot of un-tested things that we really don't know how they'd be ruled on. But in general, the overtaking traffic will bear the burden of fault.
If you consider the subject of this post to be who did something stupid, then the person in front did the most stupid... IMO
But if the subject is more who is legally responsible for any damages, then that will be the OP... IMHO.