Crash

pb21
pb21 Posts: 2,171
edited March 2008 in Commuting chat
Today I was riding into work along a cycle path when another cyclist going the other way crashed into me, writing off my frame and doing my neck in.

The crash happened on a left hand bend/swerve. I was going reasonably quick maybe 20mph but I was on ‘my’ side and slowing down keeping my wits about me for the bend coming up. I then saw this guy coming towards me on my side, so I moved as far to the left as possible to avoid him thinking he would also move to the left. He however moved to the right, into my path, and inevitably we hit head on.

My frame cracked on the welds at the head tube and I need a new one, although weirdly the front wheel seems fine (will check later for damage). Also in the crash I hurt my neck and back although not too bad.

The other guy hurt his chest but his bike was OK to ride on.

I would say that at the very least it was 95% his fault, if not 100%

I have his mobile number, do you reckon I can get him to pay up for replacing the frame, is it worth the effort. I said at the time it was his fault but he said I was going ‘quite fast’.

Anyway it could have been worse and is just frustrating really.
Mañana

Comments

  • Eat My Dust
    Eat My Dust Posts: 3,965
    20 mph on a cycle path is pretty fast. BUT why can't people pass on the correct side of the path/road. I watched a guy nearly get run over on my street the other day as he swerved in front of a car to pass it on his left. I felt sorry for the driver, you could tell he wasn't sure where to point his car!!

    With regards to who's fault it is. I'd say it was clearly his fault, but how you go about getting cash from him may be quite hard!
  • alfablue
    alfablue Posts: 8,497
    20 mph on a cycle path is pretty fast. BUT why can't people pass on the correct side of the path/road. I watched a guy nearly get run over on my street the other day as he swerved in front of a car to pass it on his left. I felt sorry for the driver, you could tell he wasn't sure where to point his car!!

    With regards to who's fault it is. I'd say it was clearly his fault, but how you go about getting cash from him may be quite hard!

    Send him a quote and follow up in the small claims court if he doesn't want to pay. Evidence will be problematic, but you only need to achieve the "balance of probability" in your favour. His home insurance may cover him for public liability, or he may have bike insurance. Depends how much its going to cost you and whether its worth the hassle, but at least asking and sending the quote seems worthwhile.
  • RufusA
    RufusA Posts: 500
    Firstly I agree with Eat My Dust, 20mph is a little too quick to be going on a cycle path. Most have a maximum design speed of 30kph (18mph)!

    If you are consistently riding at more than that speed you should IMHO be on the road!

    On a dedicated cycle path (rather than shared use) I am not sure what the legal conditions apply. The cyclist approaching you should probably have passed on the left, you should probably have been cycling slower! No absolute fault, a possible 60 / 40!

    Unless there is a clear central white line down the middle of the path separating the two "lanes" then I would guess the courts would treat as an unmarked road, with both riders needing to show due care and consideration!

    If the design of the cycle path is unsafe i.e. the surface is inadequate - loose chips, poor markings, too narrow, blind corner with high hedges etc., then there may be a case against the local authority.

    If you are a member of CTC, then take their advice. If not then join!

    Finally all may not be lost, your home contents insurance policy may cover accidental damage to the bicycle! But probably not your neck!

    Rufus.
  • redvee
    redvee Posts: 11,922
    I'm sure the users of the Bristol-Bath cyclepath know the nasty cornert by the Rose Green Road Bridge. Signs telling you to keep left and slow down but not everybody does.

    With regards the compo claim try a no-win type solicitor.
    I've added a signature to prove it is still possible.
  • BentMikey
    BentMikey Posts: 4,895
    Oooh, unlucky mate, I'm sorry to hear of your misfortune. Chuffed you're OK and alive of course! I'd try to claim off the guy, it would seem to be his fault from your side of the story.

    This is a classic misprediction accident, and one of the reasons I would tend to use the road, and not the cyclepath/lane.