Advice needed after accident

tomilinski
tomilinski Posts: 4
edited September 2007 in Commuting chat
Ok I was knocked off by a car back in May.
The car pulled out of a side road to my left and I went over its bonnet and sustained a broken kneecap and hand.

The driver came out with the usual sorry I didn't see you (or you weren't looking properly!)

I have now found out that the police do not intend to charge the driver.

Does anyone know if this is reasonable or should I try and get them to press charges? - presumably driving without due care and attention

To add to the story when the police took my statement the A & E department had discharged me with cuts and bruises! - But a second look in the evening with an x-ray or two found the true extent of the injuries (apparently I was too tough and didn't want any painkillers so they didn't bother x-raying me the first time!)

Im pursuing a separate compensation claim through British Triathlon - so I'll be able to get a replacement bike in a few years!!
Cheers
Tom

Comments

  • PhilTheFish
    PhilTheFish Posts: 82
    Whether or not the police intend to charge the driver is neither here nor there. The majority of road vehicle accidents do not result in police charges as they are what they are (accidents).

    You should be pursuing a claim with the drivers car insurance company for all your injuries/damages etc. Get on to them ASAP.
  • misterben
    misterben Posts: 193
    PhilTheFish wrote:
    Whether or not the police intend to charge the driver is neither here nor there. The majority of road vehicle accidents do not result in police charges as they are what they are (accidents).

    You should be pursuing a claim with the drivers car insurance company for all your injuries/damages etc. Get on to them ASAP.

    Agreed - the police are mostly interested in criminal law, whereas you're mostly interested in civil law.
    mrBen

    "Carpe Aptenodytes"
    JediMoose.org
  • tomilinski
    tomilinski Posts: 4
    I am currently pursuing a claim with the insurance company - they have not yet admitted liability! (apparently they have three months to investigate under the law before the process even starts)

    I would just like to know that the driver would be a bit more careful in future maybe by being given the chance for some driver training.
  • PhilTheFish
    PhilTheFish Posts: 82
    Tom,

    As I said earlier, It's quite rare that any driver gets prosecuted for dangerous driving. There would have to be witnesses prepared to make statements as to what happened etc (or the police saw it themselves) before there's any chance of that coming off.

    At the end of the day, he's the one in the metal cage and you're the one on the flimsy bit of metal with maybe a foam helmet for protection! Regardless of what the law or the highway code says about who's got right of way, it's up to you to protect yourself.

    Something I learned when doing my Advanced Driving courses is to always try and make eye contact with drivers who are turning into the main road ahead of you. If they don't make eye contact then you should assume the worst (that he/she is gonna pull out in front of you) and be prepared for it. This is even more important as a fragile cyclist. If you're not sure he's seen you, then be prepared to stop rapidly!!

    If he saw you and still pulled out, then I agree with you ; he should be prosecuted.

    The majority of accidents are exactly that and as the more prone person, YOU need to mitigate against them.

    Sermon over.......

    I thank you!

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