i got knocked off my bike

ashbyalien
ashbyalien Posts: 609
edited June 2007 in Workshop
on wednesday,

i was on a cycle lane, postman came out from a gravel track on my right and, bang.

one broken elbow, an operation and 2 days in hospital later, i find that the postman is trying to get my insurance details. he's claiming i'm responsible due to the speed i was travelling at. also, the policeman at the scene asked mr why i was riding on thje path (its suggested that the bike path part is the 6 nch wide strip next to the curb).

my question is..does anyone have any recommendations for a good lawyer/solicitor to persue a claim aginst the driver?

sorry about any bad spelling errors etc. this is being done left handed.

[B)]

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Comments

  • Asterixcp
    Asterixcp Posts: 6,251
    Bad luck, i bet it hurt[:(]

    The Cyclists Touring Clubprovide a legal service for members (and also insurance). I'm not sure about the rules for obtaining legal help is if the accident happened <i>before</i> you joined but it might be possible.

    It's not clear from what you wrote (understandbly, maybe!) whether you were on a cycle lane or cycle path.

    The lane is part of the highway, marked by white lines and or green paint round here (York). A path is separate from the highway and may or may not be divided into footway and cycleway by a white line. On a path there is often an obligation for cyclists to give way to pedestrians. Presumably the postman was driving a motorvehicle; was there road sign or marking showing whose right of way? It sounds <i>initially</i> as if he was likely to have been careless.

    Pour vivre heureux, vivons le v‚lo..
    Pour vivre heureux, vivons le v‚lo..
  • Eat My Dust
    Eat My Dust Posts: 3,965
    Was the postman on foot?

    These crappy cycle lanes on pavements are just that, crappy!!

    SNAPS
  • david2
    david2 Posts: 5,200
    Bad luck, hope you get better quickly.

    I found http://www.cycle-aid.co.uk/default.asp very good a few years ago when I was knocked off and suffered a broken leg.
  • monty_dogcp
    monty_dogcp Posts: 382
    Worth going back to the site of the incident and taking some photos - particularly if there are overgrown trees or hedges that are obscuring the sightlines for emerging traffic - particularly as someone might come along and cut them back in the next few weeks. By the sounds of it, the driver had an obligation to give way to traffic on the footpath, regardless of whether it was a pedestrian, traffic or a cyclist. If the postman regularly uses that route, then you have further evidence of their lack of care and attention. I'm sure a good lawyer will be able to put together a pretty good case.
  • ashbyalien
    ashbyalien Posts: 609
    taa everyone, i'll take photos when i go back to pick the bike up. to the best of my knowledge its shaared usage, theres no dividing line, just a line near the curb (and road). vehicless have to cross the path/cycle lane to access the carriageway.

    i've been in touch with bikeline (alyson france and co) and they were very helpful.

    i was fortunate in many ways, the surgery on weds went well and the surgeon could seal the wound which means only 2 operations on the elbow rather than 3!!

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  • david2
    david2 Posts: 5,200
    Does sound nasty, when I was down to one arm due to a broken wrist I found it a great excuse to get a Windcheetah. The joystick steering means you can ride it one handed easily.
  • T.C.
    T.C. Posts: 495
    bikeline helped me in 2003 highly recommended !
  • larmurf
    larmurf Posts: 110
    Hi
    Know how you feel 1st June 2004 Dog came from behind a car
    finished up with two broken wrists. I sued the farmer via his
    insurance was settled out of court after about 2 years for a
    substantial amount.

    Some people will try to intimidate you into taking
    responsibility. You seem to me to be very much in the
    right. So get tough and hang in there

    My house insurance company Prudential were willing to
    supply free legal aid, but local solicitor took the case on a
    no win no fee basis.

    Mahatma Gandhi was asked by a British journalist what he thought of Western civilisation. "I think it would be a good idea," he replied.
    Mahatma Gandhi was asked by a British journalist what he thought of Western civilisation. "I think it would be a good idea," he replied.
  • vitesse169
    vitesse169 Posts: 422
    Cycle aid did a first class job for me when I was skittled off 3 years ago. top recommendation...
  • gerrycp
    gerrycp Posts: 334
    It would be worth getting a letter from your Highways authority (usually County Council) to confirm that the white line near the kerb marks the limit of the shared path- the bit outside the line is not supposed to be used as it is too close to the edge for safety. See if you have a cycling officer.
  • gerrycp
    gerrycp Posts: 334
    ....and take photos of the relevant cycle path blue signs.
  • ashbyalien
    ashbyalien Posts: 609
    gerry, have taken photos of the blue signs already,and, i happen to work for the county council in question.....

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