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Old 20th August 2009   #151
The Seldom Killerdonor
 
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Quote:
Originally Posted by someday View Post
now today in the post i recieved a letter from his solicitor claiming i was:

"rode on the wrong side of the road"

"rode into the path of our client's correctly proceeding veichle"

"failed to take avoiding action, steering, swerving or otherwise so as to avoid the collision"

does over taking really count as riding on the wrong side of the road? and within that tiny time frame of seeing the car and being hit, how was i supposed to avoid him?

any help would be great. i'm going to head over to citizens advice on monday morning.
Not a lawyer but yes, if you crossed any lines marking a division of carriageways, for what ever reason you are travelling on the wrong side of the road.

It is permitted to travel on the wrong side of the road if you are going to overtake, however you have a legal responsibility to ensure that the carraigeway you are moving into is free of traffic and will be so for the duration of your overtaking manouver. You were supposed to avoid him by making sure your manouver was safe in the first place. The third point may be irrelevant if there was insufficient space to avoid a collision.

As above, seek legal advice before doing anything else.
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Old 1st September 2009   #152
bmxconan
 
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I had a nasty crash a couple of months ago. It was my fault. I never admitted it and just said I couldn't remember anything because I'd been knocked out. The police just gave me a ticking off and told me to wear a helmet, even though I'd scraped up the side of some guys van and totally wiped out his mirror.

I was dead lucky I was ok (bumps, bruises and slight concussion) and also that I wasn't prosecuted. Just never admit blame in the first instance of an RTC.
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Old 8th September 2009   #153
ChesireCat
Very Useful Infomation. Thanks.
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Old 9th September 2009   #154
agreenberg
When should you call the police. I have a friend who was hit and knocked off and she didn't call, and I now know she should have. However, what if your not injured? Or your bike is the only one who was hurt? Does it matter if it was an accident or if it was reckless or dangerous driving?

I even have heard of the police telling people who report stolen bikes that they should have called them out to the scene. Is that just the police trying to shift the blame or is it something you should actually do? This whole area of what you have to do in these unfortunate situations is itself a mess.
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Old 9th September 2009   #155
ojeffcott
I agree - there is a lot of confusion with what cyclists should do following an accident.

Although it does not always seem practical at the time, you should always call the police to the scene in the case of an accident, whether you are injured or not.

Cyclists seem to think of themselves as having less rights than other road users and often leave the scene of an accident without taking the other driver's details. My advice is that it is best to think what you would do if you were a car driver. For instance, if your car got stolen or broken into you would call the police to the scene. Or if your car got damaged in an accident you would take down the other person's details and get the police involved. Do the same if you are a cyclist.
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Old 22nd September 2009   #156
Texasdonor
 
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i'm not going to come along this evening as i forgot TRNC... but happy to offer services if you need some help to look at transport options to solve the issue. seems like you've enough skills / people attending tonight.
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Old 23rd September 2009   #157
Oliver Schickdonor
 
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Quote:
Originally Posted by Texas View Post
i'm not going to come along this evening as i forgot TRNC... but happy to offer services if you need some help to look at transport options to solve the issue. seems like you've enough skills / people attending tonight.
Did you mean to post this in the Action Group thread?
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Old 30th September 2009   #158
C.B.
 
C.B.'s Avatar
rider down... me

on the harrow road going south on the hill just before the turning for scrubs lane

riding my fixed bike with front brake

i am going down the right hand side of stattic traffic. A women coming from a junction on my left, she was cutting through the stoped traffic, pokes her nose out into the centre of the road

the nature of the hill is steep enough to make it hard to see a gap in traffic or a car pulling out from the left.

so the first i see is of her poking her nose out right in my path i am about 2 meters away i lock my legs and my front brake, but unfrotunatly end up with my front wheel in her wheel arch and me over her bonet

i was not breaking the spead limit i run 44, 16 and was not spinning out so i must have been going below 30

no helmet but i am absolutoly fine brusied jaw and shoulder but my frame now has a bent top tube and down tube and the wheel base is now shortened by an inch or so.

I have the womens number and have contacted her about the broken frame and told her i want to claim it on her insurance.

I also damaged her wheel arch or rim, not sure what she meant was broken over the phone. Can she claim against me, i have no insurance.

Her only witness is her passenger and my only witness is the guy i was riding with.

Was in a bit of a daze so didnt get numbers of passers by etc.

what is the process i go through and was i in the right or the wrong in this situation?

also WANTED NEW FRAME (will be checking classifieds soon)
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Old 1st October 2009   #159
ojeffcott
Sorry to hear about your accident - good thing you are not too badly injured...that could have been really nasty.

In the circumstances you have discribed, the current position in law is that both parties are equally to blame. In other words you would be liable for half the cost of the repairs to her car and she would be liable for half the cost of your injury and bike repairs.

If you were insured then your insurers would pay for her damages and you would still get half of your compensation, so you would still gain. As you are not insured, you would have to pay for 50% of her repair bill personally. As this is the case it is probably not worth you pursuing a claim unless your injury becomes more severe or if the repairs to your bike are worth more than the repairs for her car.

Hope that helps!
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Old 1st October 2009   #160
C.B.
 
C.B.'s Avatar
ok cheers i think i will leave it as fair and square then she phoned me saying thats what her insurers said aswell, my frame was just a shitty old converted touring frame any way so the value isnt probs as much as the repairs to her car or worth bothering with.

thanks for reading and replying
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Old 1st October 2009   #161
ojeffcott
No problem - happy to help.
  quote   reply
Old 2nd October 2009   #162
Oliver Schickdonor
 
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Quote:
Originally Posted by C.B. View Post
i have no insurance.
C.B., I'm biased, but you can get free third party insurance if you join the LCC (you can also get it through other cycling organisations, I should mention). Saves you money through discounts in bike shops and gives you peace of mind.

http://www.lcc.org.uk/

Glad you're OK and good luck with the outcome!

Oliver
LCC
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Old 4th October 2009   #163
hladik
I don't know if the LCC keeps a close count of reported cycle accidents or anything, but my girlfriend fractured her elbow last night thanks to a dangerous driver.

She was coming down Brixton Hill in the bus lane at a sensible pace (she is a very cautious cyclist), with lights and helmet. He turned onto Brixton Hill from left lane of the roundabout, sped up hill, cut across three lanes without indicating and turned into Baytree road at speed right in front of her - she braked and skidded out, landing in the gutter of Brixton Hill on her left elbow.

There were, unfortunately, no eye witnesses and she didn't manage to get the plates due to the driver's speed. The driver failed to stop - indeed, he reportedly accelerated away.

I presume there is nothing we can therefore 'do' about this assault, except log it as a statistic?
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Old 4th October 2009   #164
Oliver Schickdonor
 
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Quote:
Originally Posted by hladik View Post
I don't know if the LCC keeps a close count of reported cycle accidents or anything, but my girlfriend fractured her elbow last night thanks to a dangerous driver.

She was coming down Brixton Hill in the bus lane at a sensible pace (she is a very cautious cyclist), with lights and helmet. He turned onto Brixton Hill from left lane of the roundabout, sped up hill, cut across three lanes without indicating and turned into Baytree road at speed right in front of her - she braked and skidded out, landing in the gutter of Brixton Hill on her left elbow.

There were, unfortunately, no eye witnesses and she didn't manage to get the plates due to the driver's speed. The driver failed to stop - indeed, he reportedly accelerated away.

I presume there is nothing we can therefore 'do' about this assault, except log it as a statistic?
Not much, no. :( Obviously, report to police--it is a personal injury incident and an incidence of aggressive driving. You could log it on the CTC's SMIDSY site when it's launched at the Cycle Show this week.

http://road.cc/content/news/7792-ctc...ign-cycle-show

Even if you don't have that much info, whatever information you do have might help the police to build up a picture.
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Old 6th October 2009   #165
yellowbanana
Hey guys got a quick question...

I was run over, yes actually ended up underneath a car 2 weeks ago as a driver didnt see me on a roundabout, we entered from the same entrance but me first then he just drove into the back of me, me and bike ended up under car up to chest, luckily i am mostly alright, ambulance, police were on scene etc... ended up in hospital for x-rays on foot but ok now.

Bike now totalled, all i want is bike back, rang him up he said he didnt believe it was entirely his fault, i have a witness who states that he drove into back of me.

what are my chances of getting bike back (its worth about £1300)? i am in touch with lawyers through the free legal advice from ctc... and any idea how long this is going to take?

the tube seriously sucks
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Old 6th October 2009   #166
Oliver Schickdonor
 
Oliver Schick's Avatar
Ouch, sounds bad, yellowbanana. Glad you weren't hurt worse, it seems to have been a lucky escape!

If you're already in touch with lawyers, let them work on the compensation issue. If he really drove into the back of you on a roundabout, he will have a difficult case to make re: not being at fault. But as I say, let the lawyers sort it out if it can't be resolved amicably. It's worth the expense (especially given the high value of the bike) and saves you a lot of hassle. You probably already know that many of them work on a 'no win, no fee' basis. The main thing you need to do is get a bike shop to certify that the bike is a write-off, perhaps the one where you bought it. Good luck.
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Old 7th October 2009   #167
ojeffcott
Sorry to hear about your girlfriends accident - hope she is recovering okay.

I just thought you should know that there is an organisation called the Motor Insurance Bureau that may be of help. It compensates the victims of road traffic accidents for injury where the driver is uninsured or in a hit and run scenario like this one.

To make a claim through the MIB she will have needed to have reported the accident to the police. Did she do this after the accident?



Quote:
Originally Posted by hladik View Post
I don't know if the LCC keeps a close count of reported cycle accidents or anything, but my girlfriend fractured her elbow last night thanks to a dangerous driver.

She was coming down Brixton Hill in the bus lane at a sensible pace (she is a very cautious cyclist), with lights and helmet. He turned onto Brixton Hill from left lane of the roundabout, sped up hill, cut across three lanes without indicating and turned into Baytree road at speed right in front of her - she braked and skidded out, landing in the gutter of Brixton Hill on her left elbow.

There were, unfortunately, no eye witnesses and she didn't manage to get the plates due to the driver's speed. The driver failed to stop - indeed, he reportedly accelerated away.

I presume there is nothing we can therefore 'do' about this assault, except log it as a statistic?
  quote   reply
Old 7th October 2009   #168
hladik
unfortunately not.

it is quite often the way I suppose - she didn't realise how badly she had hurt herself until a while later, the bike was okay and I just couldn't convince her that a trip to Brixton police station followed by Kings A&E on a wet saturday night was a good idea...

Luckily it has transpired that she managed to fracture her elbow in 'the best way possible' and it should be healed in 2-3 weeks, so she's not too upset. (I, on the other hand, am still seething with rage!)

Thank you both for the information anyway. I'll bear the MIB in mind come the (inevitable) next time...
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Old 7th October 2009   #169
snowy_againdonor
 
snowy_again's Avatar
That junction's covered in covert and non covert CCTV, so there should be some evidence of it somewhere...? Oliver, can you clarify when the police report has to be made - is it too late to do it now?

If you want witnesses, you could ask over on the brixton forums of Urban75. Its full of pleasant curtain twitchers.
Brixton - urban75 forums
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Old 7th October 2009   #170
Oliver Schickdonor
 
Oliver Schick's Avatar
Quote:
Originally Posted by snowy_again View Post
That junction's covered in covert and non covert CCTV, so there should be some evidence of it somewhere...? Oliver, can you clarify when the police report has to be made - is it too late to do it now?
As far as I know, the police have to accept reports even if it's very late, although obviously the sooner the better. But I don't know for sure. If anyone is a police officer or lawyer and knows better, please post.

Don't put your hopes up high about CCTV. I think unless it's a fairly new camera, the chances of reading the numberplate of a fast-moving vehicle are very low. Also, most CCTV footage gets deleted fairly quickly, so it may well not exist any more.
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Old 7th October 2009   #171
ojeffcott
For untraced drivers, the MIB require the police to have been notified within 5 days of the accident or as soon as reasonably possible after that (i.e. if you were in hospital for a week following the accident then they may extend the deadline by a few days).
  quote   reply
Old 9th October 2009   #172
C.B.
 
C.B.'s Avatar
Quote:
Originally Posted by Oliver Schick View Post
C.B., I'm biased, but you can get free third party insurance if you join the LCC (you can also get it through other cycling organisations, I should mention). Saves you money through discounts in bike shops and gives you peace of mind.

http://www.lcc.org.uk/

Glad you're OK and good luck with the outcome!

Oliver
LCC
Thanks oliver i am going to be getting a 14 bike company bike and will need insurance so i will look into it then cheers
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Old 9th October 2009   #173
chiaretta
Sorry to hear about the crash......I'm a lawyer and it’s not my specific field but as a rule:

- Always log with the police (you never know what may subsequently transpire) and the fact you logged it counts
-Take photos of bike and injury and take note of a&e/hospital visit etc. If poss, the photos should have date and time on. Just really need to be meticulous over recording everything.
- Is the area covered by CCTV (we do live in a surveillance state), always worth seeing if the police will check camera if you have precise time etc.

I apologise if some points have been mentioned and of course are not so relevant as the accident is in the past but for the future and others……
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Old 11th October 2009   #174
dommyracer
 
dommyracer's Avatar
Bollocks, just been hit by a left-turning, non indicating driver. I have a few grazes and bruises, and my wheel is pringled. Gonna do a claim on his insurance, I know all the advice says to tell the police, but what do they actually do?
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Old 11th October 2009   #175
snowy_againdonor
 
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They give you a formal audit trail - which will support you in a claim.

Sadly from what i've found out this week, Lambeth cctv is more than pointless. Even they don't know who reviews it.
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Old 12th October 2009   #176
roxy
 
roxy's Avatar
HI ALL, PLEASE NOTE,
THIS WAS NEVER MEANT TO BE A "RIDER'S DOWN" THREAD.

PLEASE, PLEASE, PLEASE:
IF YOU HAVE QUESTIONS ABOUT WHAT TO DO IN CASE OF AN ACCIDENT PLEASE READ ALL POSTS. If you still have questions then contact the relevant person (THEY ARE PROBABLY LISTED ON THIS THREAD) and by all means post here what you find out (HELP OTHERS!). If you don't know who the relevant person is, then post the question here (hopefully without your entire accident story).

IF YOU HAVE ANSWERS (not just clever ideas) TO QUESTIONS OR KNOW WHO DOES, PLEASE POST THAT INFO HERE. If it's turning into banter, please take it off this thread, figure out the answer, and post the answer here.

IF YOU HAVE POSTED A "RIDER DOWN" -TYPE POST, PLEASE DELETE IT. IT WEAKENS THE POINT OF THIS THREAD. Those who have been in an accident need to be able to get through this thread easily and efficiently. Please no banter back and forth here, it makes it a huge pain to get through when someone else needs to get through this.

THIS THREAD IS FOR HELPFUL INFO ONLY (make it simple for those who have been in an accident) OR FOR QUESTIONS THAT NO ONE ELSE (and you've tried) HAS BEEN ABLE TO ANSWER.

If you have helpful info or would like to donate your assistance (you're a lawyer, md, cop, emt, etc) to other FGSS members, please post that here.

Apologies, I don't mean to sound horrible, but for this thread to continue to help people it can't be a bunch of mish-mashed stories about accidents. The point is for serious info about what to do, who to call, where to go for help, what to expect, and how to get the most out of the legal system.
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Old 12th October 2009   #177
ojeffcott
I'm happy to answer any civil questions anyone has got - I'm a lawyer and specialise in getting compensation for cyclists who have been involved in accidents.
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Old 16th October 2009   #178
stachaibou
 
stachaibou's Avatar
apologies..

but i don't seem to have the "privilege" to start a new thread, since i'm not yet an old enough user. where on this forum do you propose that i [& members of a similar status to mine] express this kind of news, so that i can then [if permitted] delete this post?
i agree with you about keeping this thread pure.. as it very informative, but riding past this unfortunately common scenario leads to shock, anger & frustration [& also sadness in this case, since it was fatal], which most of us would feel a need to share.
s
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Old 4 Weeks Ago   #179
samsoymilk
 
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Great thread, really helpful! Thanks!
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Old 2 Weeks Ago   #180
nes
 
nes's Avatar
What to do if you're in a crash
Just some words of wisdom from Norman (who has been knocked off his bike twice)

Put your local police station's phone number on your mobile on speed dial

Know your route so that you can tell the police / ambulance your exact location

If you are injured, phone the police immediately

Note the car registration

Take a photo of the accident showing vehicles in crash positions

Take a photo of the driver (the driver who drove over Norman's front wheel denied he was in the car - said someone stole the car)

Take names and addresses of any witnesses

Contact Cycle Aid 01772 250871 - Norman got around £1200 when he claimed.

Cycle Aid are personal injury solicitors specialising in cycle injury and accident claims. We will act for you on a ‘no win, no fee’ basis giving cutting-edge legal advice to help you make a claim for compensation. We have been involved in many substantial claims involving head injuries, shoulder injuries, spinal injuries, facial injuries, back injuries, knee injuries and other bicycle accident claims
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Old 1 Week Ago   #181
nes
 
nes's Avatar
Stop SMIDSY


Stop ‘Sorry Mate, I Didn’t See You’

Because sometimes sorry just isn’t enough.
Bad driving intimidates and harms innocent people. Cyclists and pedestrians are particularly endangered by negligent or aggressive driving because we’re not encased in a few tonnes of metal every time we set out on the roads.
Stop SMIDSY will address how the police, prosecutors, the courts, and the law itself could all do a better job at encouraging people to use the roads in safer and more considerate ways. When we lobby these institutions on your behalf, we need evidence of how they need to improve. That’s where you come in.
Report your story and help make our roads safer

Most of us have experienced bad driving. By creating a place to collect and share these stories, we will build the political will to change how society deals with bad driving.
Get information and advice

If you request help from our lawyers, we will send them the information you have supplied us. They will contact you within seven days if they think they will be able to help.
You can also learn more about the law about bad driving and download some practical tips for dealing with it.


http://www.stop-smidsy.org.uk/
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