UKBouldering.com

Car vs Bike (cycle lane impact) (Read 3176 times)

Iesu

Offline
  • ***
  • obsessive maniac
  • Posts: 474
  • Karma: +10/-3
Car vs Bike (cycle lane impact)
March 11, 2010, 11:53:09 am
Looking for some legal/common sense knowledge about what to do when you've been knocked off your bike by a car:

basically, yesterday morning I was on the usual commute (about 10 secs after deciding against going off down the canal - thought the road would be faster as i was running late), on a cycle lane on the A65 (Horsforth).
I was steaming down the hill and came up alongside a car that had just set off from traffic lights (i.e. not at full speed).
I didn't notice the car was indicating for a left turn until it was actually turning across my path (can't be sure if this was due to my lack of road awareness - 1st week of riding to work for 7 months - or the fact that the car didn't indicate until the last minute). I slammed the brakes on but still took a hefty blow to my right hand side against the car which sent me the other way, sprawled across the junction.

Pretty heavy landing on my left elbow and hip - no real damage done but my shoulder isn't good (this is my bad side). Went to the NHS drop in centre and have a check up booked with a physio today.

The driver stopped (nice change), was very concerned and offered to take me to A&E. She kept saying she was a doctor but it turned out she's "just" a dentist. we exchanged phone numbers (but not in that way).

So what can i do if i have done some (more) damage to my shoulder? Can i sue/guilt trip?

I have cycle insurance which includes liability (but not personal injury to ME, i don't think) through ETA.

I've been keeping quiet about my existing shoulder problem so far, to see what happens but will probably have to fess up to the physio. I have good health care provision at work (which i've never used) but it doesn't cover "pre-existing" conditions, which my shoulder would be.

Anyone had similar experience/got sage words of advice?

The driver jokingly (i think) offered to buy me a car before she drove away!

slackline

Offline
  • *****
  • forum hero
  • Posts: 18863
  • Karma: +633/-26
    • Sheffield Boulder
#1 Re: Car vs Bike (cycle lane impact)
March 11, 2010, 12:17:52 pm
Don't bother with the police, they won't give a fucking shit.

webbo

Offline
  • *****
  • forum hero
  • Posts: 5037
  • Karma: +141/-13
#2 Re: Car vs Bike (cycle lane impact)
March 11, 2010, 12:40:28 pm
two things
one your not clear as to whether she was indicating or not.
two undertaking a car at a junction whilst going at speed.
two chances of making a claim.
a dogs chance.
no chance.
i'm sorry to hear about your shoulder but i don't think you got much of a hope saying it was her fault.

Iesu

Offline
  • ***
  • obsessive maniac
  • Posts: 474
  • Karma: +10/-3
#3 Re: Car vs Bike (cycle lane impact)
March 11, 2010, 01:53:10 pm
2 things:

a) I wasn't undertaking I was alongside

b) she admitted culpability (although i said to her it was 6 of one, 1/2 dozen of the other)

Bike lanes seem to be a bit of a grey area as far as the highway code is concerned (or more correctly, the road going public)

I'm not looking to screw anyone over (far from it) I'm just curious to know what the deal is, and if anyone has had similar experiences.

Physio reckons i've got some AC joint damage and general soft tissue damage around the blade from the impact.

I know it's not a police matter, the thought of contacting them never crossed my mind (only would do if i needed the crime number for an insurance claim).

what's the going rate for compo against missing out on a cracking weekend out on grit?!

Paul B

Offline
  • *****
  • forum hero
  • Posts: 9630
  • Karma: +264/-4
#4 Re: Car vs Bike (cycle lane impact)
March 11, 2010, 02:32:30 pm
I've recently just resolved a claim which happened 2 or 3 years ago when a drunk driver skipped a red light and took our car out on a dual carriageway. It was hard enough getting them to cough up for the months of climbing wall membership that went unused let alone trying to explain that it left me punterised for a few months further. They just kept referring to the medical report "but your bones had all meshed within 6 weeks". So to summise a week on grit is worth f*ck all.

Iesu

Offline
  • ***
  • obsessive maniac
  • Posts: 474
  • Karma: +10/-3
#5 Re: Car vs Bike (cycle lane impact)
March 11, 2010, 02:46:48 pm
and my maths then tell me that a weekEND on grit is worth 2/7ths of fuck all!

sorry to hear about your punterisation - frankly i don't need any help in that department.

chappers

Offline
  • *****
  • forum hero
  • Posts: 1218
  • Karma: +26/-1
#6 Re: Car vs Bike (cycle lane impact)
March 12, 2010, 09:41:40 am
i cant look for it when at work (their site is blocked) but there is a thread (sticky) on london fixed gear and single speed about this. have a read of that.

GCW

Offline
  • *****
  • forum hero
  • No longer a
  • Posts: 8172
  • Karma: +364/-38
#7 Re: Car vs Bike (cycle lane impact)
March 12, 2010, 09:49:01 am
Highway code rule 183 says this about turning left:

Quote
When turning....... give way to any vehicles using a bus lane, cycle lane or tramway from either direction.

Now whilst it isn't Law, it's certainly taken into consideration pretty strongly when applying traffic acts (when they can be bothered).

slackline

Offline
  • *****
  • forum hero
  • Posts: 18863
  • Karma: +633/-26
    • Sheffield Boulder
#8 Re: Car vs Bike (cycle lane impact)
March 12, 2010, 09:52:09 am
There is also the wonderfully named campaign...

Stop "Sorry Mate I Didn't See You There"

Iesu

Offline
  • ***
  • obsessive maniac
  • Posts: 474
  • Karma: +10/-3
#9 Re: Car vs Bike (cycle lane impact)
March 12, 2010, 10:23:03 am
ta for the knowledge, that's what i was after

Iesu

Offline
  • ***
  • obsessive maniac
  • Posts: 474
  • Karma: +10/-3
#10 Re: Car vs Bike (cycle lane impact)
March 12, 2010, 11:23:53 am
having read the info in links supplied, I realise what a fool I was for not taking it seriously at the time and not contacting the police.

anyone know if i can report this retrospectively to my local copshop?

slackline

Offline
  • *****
  • forum hero
  • Posts: 18863
  • Karma: +633/-26
    • Sheffield Boulder
#11 Re: Car vs Bike (cycle lane impact)
March 12, 2010, 11:28:09 am
You can certainly report it, but expect the police to say "Without independent witness' its your word against hers and we can't be bothered getting involved in such incidences because you weren't hospitalised so everythings good with the world and we needn't worry about people who don't follow the highway code and signal before they indicate, we'll let them carry on driving round not giving any consideration to letting other road users know what their intentions are and wait until these actions result in serious injury or death. because its too much work for us"  :furious: :furious: :furious:

Somewhere on SMIDSY is a link to record your accident and you can get in contact with legal help there.  The fact that you've been to A&E and are going to a physio suggests an injury which will form the basis of any claim (I have a permanent scar on my torso from my accident, but because I didn't need any medical treatment for this there is no basis for a claim  :wank: ).

 

SimplePortal 2.3.7 © 2008-2024, SimplePortal