What happens if I hit a cyclist who has no lights on?

Consider a pedal cyclist riding along an unlit road at night, with no lights. If I just do not see him and then hit him, where do I stand legally and for insurance?

Asked on 18 February 2019 by Mike Turner

Answered by Tim Kelly
At night your cycle MUST have white front and red rear lights (Law RVLR regs 13, 18 & 24). This is a law, should someone fail to do so, and you hit them, they may be found at fault for the incident, or it could be found to be contributory negligence. There is still a duty of care on you while driving. For you to hit the bike you would have to drive into or reverse into them. You should have your lights illuminated and as such be able to see them, even though they do not have lights on. They should also be able to see you. Should they come from either side, it becomes more complicated and incident specific. Insurers will always deem it to be a "fault" insurance claim to you, due to cyclist not having compulsory insurance.
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