Accident proceedings

jamesfifield

Hi,

This Tuesday I finally found myself on the unwanted end of the law of averages: cycling through a town I was filtering past stationary traffic when a car in front moved over. I hit the wing-mirror, then the kerb and went over the handle-bars.
The driver stopped to check the mirror was ok and I told him I was alright, thinking I had simply sprained my wrist (and glad the bike was still in one piece). Consequently there was no exchanging of details. Unfortunately it seems I was slightly mistaken: I broke three bones in my wrist and snapped a couple of the ligaments.
Is liability entirely mine? Should I report the incident to anyone?
If you could clarify this issue that would be very useful.

Thank you,
James

Bronzie

Sorry to hear of your off. Bad luck gent.

Without knowing the exact details, it's difficult to say whose liability it is, although it sounds like the car pulled over without checking his mirror. Whether it was safe for you to filter down the inside of stationary traffic is another matter.

Unless you made a note of his registration number, I doubt there is anything the police can or will do in this situation. Besdides, it's not like he failed to stop or anything.

Maybe it's a case of lesson learned - always get the drivers details in case you discover damage to you or the bike later on. It's easy to think you are ok when the adrenaline is flowing soon after a tumble - you don't always feel the pain.

For future reference, membership of organisations like CTC, British Cycling and now Everyday Cycling offer free legal aid to pursue claims against negligent drivers as well as offering you third party liability should you cause an accident.

Red Rock

As Bronzie said.

Hope you're soon on the mend and back on the bike.

Red Rock

jamesfifield

Tanks very much for the replies.

It's going tobe eight weeks in plaster once they operate to pin it back together... not ideal with A Levels coming up and a 3A offer. Time to hit the static bike

NorwegianBlue

Bummer. Hope it heals soon.

Were you in a cycle lane? If not I'm afraid it would be difficult for you to prove him liable in normal traffic law. In that situation you are overtaking on the left which is almost always illegal. Some people assume that it is legal if the traffic is stationary, however this is only usually the case if the traffic is turning right or if you are in a seperate lane.

Outside of traffic law it is sometimes possible to make a succesful claim for negligence even if the driver didn't break the law as such. This is a difficult and unpredictable course of action, and should only be persued on a no win no fee basis. However most solicitors offering no win no fee services won't take a case unless they are pretty damn sure they will win. It is, therefore, hard to find anybody who will take a case of this nature.

As for reporting the accident you are required to report any RTA to the police within 24 hours if an injury or damage to property was sustained. If you report it within 24 hours and he doesn't then he could be prosecuted for failure to report the accident. However I would suggest that it is unlikely to happen because (a) the police and CPA can't be a**ed with the paper work and (b) you told him you weren't injured. If no damage is done and nobody is injured then there is no legal requirement to report the accident to the police.

I once had an accident where no damage was done and nobody was injured. The other party subsequently tried to claim for whiplash injuries and reported the incident to the police. Her case fell appart when the doctor's records showed her examination for whiplash injuries happened several days before the accident!

The best sensible advice I've heard for moving up the inside of traffic, stationary or otherwise, is that your pace should not exceed that of the traffic by more than a fast walking pace. That way if anybody does anything unexpected you should have time to brake.

The best advice I've had for this isn't quite so sensible. It is: If you are going to ride up the inside of traffic make sure you know how to hop kerbs. That 'dale in this months C+ looks just the steed for that sort of commuting. Shame about the price.

azzerb

jamesfifield wrote:

Tanks very much for the replies.

It's going tobe eight weeks in plaster once they operate to pin it back together... not ideal with A Levels coming up and a 3A offer. Time to hit the static bike

Ah

Good luck Uni/Course?

If it's in your writing hand, you should be eligable for extra time or/and an assistant. And your exam center/school should provide it for you.

Hope it all sorts out for ya, I'm having to do majority static work atm but on a time basis as i have a AAB(2) offer.

jamesfifield

Reported it at the police station on Saturday, so now I guess it's time to focus on the exams...

Azzerb, at the moment I've got a 3A offer from Oxford to read `Philosophy, Politics and Economics at Christ Church. How about you?

spen666

NorwegianBlue wrote:

Bummer. Hope it heals soon.

Were you in a cycle lane? If not I'm afraid it would be difficult for you to prove him liable in normal traffic law. In that situation you are overtaking on the left which is almost always illegal. Some people assume that it is legal if the traffic is stationary, however this is only usually the case if the traffic is turning right or if you are in a seperate lane.

...

i'm afraid you are very very much mistaken if you are seeking to advise on English Law.

Can you come up with any legislation that says it is illegal to overtake on the left?

It is actually legal in nearly all circumstances to pass a vehicle on the left[/b]

spen666

NorwegianBlue wrote:

...

As for reporting the accident you are required to report any RTA to the police within 24 hours if an injury or damage to property was sustained. ....

Again this is only a partial truth

You only have to report a PI/ damage injury to the police if you are the driver of a mechanically propelled vehicle owing to the presence of which on a road, or other public place, an accident occurred whereby youdid not provide your details to a person having reasonable grounds for requiring you to do so

In those circumstances and only those circumstances you must report the accident at a police station or to a constable as soon as was reasonably practicable, and in any case within twenty-four hours of the occurrence of the accident.

It must be reported as soon as practicable- you commit an offence if you do not report it as soon as practicable, even if it is reported within 24 hours.

As a pedal cyclist you are not required by S170 RTA 1988 to report any accident