Accident at roundabout, advice needed if anyone can help
Hi,
I had an 'accident' last Tuesday and am in the unsure position of whether to pursue it at the moment, just to give a very rough outline of what happened:
On my morning commute I approached a roundabout in the centre lane to go straight across, at the junction on my right (in the centre lane) was a HGV and in the lane to the right of the HGV was a car. As the roundabout was clear I set off, clipped in and accelerated. At this point also, the car driver in the right hand lane decided he needed to turn left and thought he could out accelerate the HGV so cut across him and proceeded to turn left, he claimed he didnt see me and at some point (it's still quite fuzzy) he hit me and knocked me off the bike. I hit the ground and dont really recall much else.
Luckily (I suppose) my only damage was 10 stitches to the right side of my head, I wasnt wearing a helmet (my 'error' some would say but it was the first really cold day so I just had a thick hat on which my helmet doesnt fit over). Plus grazing and bruises to my right side. Damaged my jacket also.
An ambulance and police attended the scene and because the HGV driver was blocking the road, he left the scene, so the police interviewed the driver who said that he simply didnt see me. The police decided it was an accident (even though I hadnt given my version of events as I was being carted to the hospital at the time). The police told me all this at the hospital. An incident report was written and that was the end of it.
A week later I'm a little angry that the driver got off scot free, I know the roundabout was clear, the driver cut across the traffic but the police still claim this was 50/50 ie. an accident. So I'm thinking of pursuing a claim and was wondering if anyone has any advice or can reccommend a particular company? I have the incident number plus the phone no. to get a copy of the incident report, so am just thinking of my next step...
Any advice would be appreciated.
cheers
Dave
I had an 'accident' last Tuesday and am in the unsure position of whether to pursue it at the moment, just to give a very rough outline of what happened:
On my morning commute I approached a roundabout in the centre lane to go straight across, at the junction on my right (in the centre lane) was a HGV and in the lane to the right of the HGV was a car. As the roundabout was clear I set off, clipped in and accelerated. At this point also, the car driver in the right hand lane decided he needed to turn left and thought he could out accelerate the HGV so cut across him and proceeded to turn left, he claimed he didnt see me and at some point (it's still quite fuzzy) he hit me and knocked me off the bike. I hit the ground and dont really recall much else.
Luckily (I suppose) my only damage was 10 stitches to the right side of my head, I wasnt wearing a helmet (my 'error' some would say but it was the first really cold day so I just had a thick hat on which my helmet doesnt fit over). Plus grazing and bruises to my right side. Damaged my jacket also.
An ambulance and police attended the scene and because the HGV driver was blocking the road, he left the scene, so the police interviewed the driver who said that he simply didnt see me. The police decided it was an accident (even though I hadnt given my version of events as I was being carted to the hospital at the time). The police told me all this at the hospital. An incident report was written and that was the end of it.
A week later I'm a little angry that the driver got off scot free, I know the roundabout was clear, the driver cut across the traffic but the police still claim this was 50/50 ie. an accident. So I'm thinking of pursuing a claim and was wondering if anyone has any advice or can reccommend a particular company? I have the incident number plus the phone no. to get a copy of the incident report, so am just thinking of my next step...
Any advice would be appreciated.
cheers
Dave
0
Comments
-
Susprised that no one has responded to this.
On the details you have given I believe that the car driver should have been charged with a criminal offence but it seems the lazy police couldn't be bothered.
You should pursue a civil claim against the driver and I advise you to join the CTC or contact their lawyers directly see http://www.rjw.co.uk/ctc/
It can take a while but will be worth it both to compensate you and penalise the driver by increasing his insurance premiums (I asume the police at least checked he was legal).
Alernatively you could approach the drivers insurance company directly (if you know it ) but they will seek to minimise the payout using every method available so I recommend the CTC.0 -
Thanks, thats so strange, I checked the post just as your reply popped up, literally this second. Thanks for the info, I have also been reccomended a local company that specialize in cycle claims, so may investigate that on Monday first but CTC is certainly worth a look.
The police just gave me his details so I assume he was legal.
Will update the post when I know more.
thanks again
Dave0 -
you might get a few more responses if you posted this in the commuting section. Theres a few similar left hook incidents posted there that may assist or add something extra to your options.
glad you're ok.0 -
Your account does seem a bit muddled at the end as you say the HGV blocked the road and you give the impression that the car driver who knocked you off then drove off as you say he/she left the scene, so hit and run :? ? I would get onto the police again as they appear not to have carried out a proper investigation if they have not approached you for your version of events or you have not made any statement. Where did it happen and what police force? If they still try to fob you off make a complaint to at least inspector or failing that Chief Cuntstable. I would, as Mithras has suggested, expect the driver to at least be reported for driving without due care and attention. That will mean he or she has several months crapping themselves waiting for the police decision whether to prosecute them or not. Witnesses? Presumably the truck driver? Take pics of the road layout.
Get down to your GP asap, if you haven't already, to have all your injuries documented and recorded. Take lots of pics of them and also damage to your bike and your other possessions. Get your bike looked at by a decent bike shop. Stitches in your head sounds serious. Don't worry too much about NOT wearing a helmet. If you were unconscious at any point then then this has a bearing upwards on any compensation. Sounds like you could get a reasonable amount of compensation. Having the police do their job properly resulting in the driver being prosecuted and convicted of DWDCAA will greatly assist any civil claim you bring against the driver.
You need to stick up for yourself. Don't expect people to do the right or decent thing as they won't. You will need to fight even if you instruct solicitors. Keep an eye on them as well othewise they will try and shaft you. This comes from bitter experience.
Sign up with a solicitor who specialises in personal injury work and preferably cycling cases. DO NOT USE A CLAIMS COMPANY OR DEAL WITH THE OTHER'S INSURER DIRECT.
There are lots of cycling solicitors who advertise in the back of Cycling Weekly or the LCC magazine. Also BC if you are a member. Any solicitor whether with a cycling organisation or not will take you on a conditional fee agreement. Speak to a few and sign up with the one you feel most comfortable with. They all vary.
Hope you make a full recovery.
Good luck.Life is like a roll of toilet paper; long and useful, but always ends at the wrong moment. Anon.
Think how stupid the average person is.......
half of them are even more stupid than you first thought.0 -
From your description of events there can be no question that the driver was at fault- it's down to the driver to take a look before taking unpredictable action. Lots of good advice above about how to deal with your claim etc. A few specific bits below:
To back up what was said above - as someone who got taken out by a driver asleep at the wheel and then spent a week in bed unable to move afterwards - people won't do the right thing no matter how contrite they seem at the scene of the accident. If you can believe this I spoke to him afterwards and he whinged about having to pay out a £200 excess!! He also used our conversations to alter his story to the police which I found particularly aggravating- so don't talk directly with the driver!
The police seem far too happy to assume that cyclists are to blame for accidents/ignore bad driving which causes serious damage to cyclists - in my case the driver was sent on a 'driver re-education course' - all I wanted was for him not to be able to drive again!
Even if you don't get this guy banned etc; if you can get something up against him on his rap sheet if he continues to drive in the way you've outlined he'll get pulled up and banned at some pointl0
