Without Due Care and Attention
howard007
Posts: 2
Hello All,
New to the site so advice is most welcome.
Yesterday Morning i was riding my daily commute to work at about 0630 in the morning, visibility was good, lights front and rear, helmet and reflective jacket are worn.
while crossing a round about a car drove into the left hand side of me, which through me off my bike and into the middle lane of the roundabout.
there was 2 cars parked at the round about waiting to go but they saw me and this numpty didnt,
it turns out one of the cars who was waiting for me to pass had an off duty policeman inside who got out stopped traffic and phoned the emergency services etc etc,
anyway the ambulance turns up and takes me to A + E and it turns out i have whiplash in my neck and a fracture in my arm as well as various bruising to all parts of body (not to mention the bike being a right off).
the traffic officer who is dealing with the incident has said that he is going to get done for driving without due care and attention as the witnesses said he didnt stop.
the driver himself said he didnt see me and that he was sorry and he would pay for a new bike.
the thing is i see myself as lucky that there was no vehicles in the lane i landed otherwise my 3 year old could be without a father and my wife without a husband - but the more i think about it the more i want the motorist punished.
i obviously cant cycle at the moment but i enjoyed commuting and i cant see myself getting back on a bike,
comments and advice most welcome.
New to the site so advice is most welcome.
Yesterday Morning i was riding my daily commute to work at about 0630 in the morning, visibility was good, lights front and rear, helmet and reflective jacket are worn.
while crossing a round about a car drove into the left hand side of me, which through me off my bike and into the middle lane of the roundabout.
there was 2 cars parked at the round about waiting to go but they saw me and this numpty didnt,
it turns out one of the cars who was waiting for me to pass had an off duty policeman inside who got out stopped traffic and phoned the emergency services etc etc,
anyway the ambulance turns up and takes me to A + E and it turns out i have whiplash in my neck and a fracture in my arm as well as various bruising to all parts of body (not to mention the bike being a right off).
the traffic officer who is dealing with the incident has said that he is going to get done for driving without due care and attention as the witnesses said he didnt stop.
the driver himself said he didnt see me and that he was sorry and he would pay for a new bike.
the thing is i see myself as lucky that there was no vehicles in the lane i landed otherwise my 3 year old could be without a father and my wife without a husband - but the more i think about it the more i want the motorist punished.
i obviously cant cycle at the moment but i enjoyed commuting and i cant see myself getting back on a bike,
comments and advice most welcome.
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Comments
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Mote than a new bike to cover the cost of, injuries & out of pocket expenses such as PT now that you can't ride to work and hospital appointments to start with.I've added a signature to prove it is still possible.0
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That's crap
- hope you heal up quickly.
On the other hand though, how lucky to have an off duty policeman as a witness? I certainly hope if I suffer the misfortune to be knocked off again I have such a reliable witness to the incident!0 -
I can understand you're angry and want to feel some sort of vindication. That's the job of the police so let them get on with it and don't let it stress you out or unnecessarily take up your time worrying about it, if you do you'll end up a miserable anti motorist raving lunatic. Maybe consider a civil claim against the driver if you feel this necessary and I wish you all the best in your recovery and hopefully your return to cycling.0
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bails87 wrote:Make sure you're dealing with the driver's insurance rather than the driver him/herself, and speak to a solicitor about your injuries.
+1 - absolutely make sure you engage a solicitor - costs will be covered by the driver's insurance.
Good luck & get well soon.ROAD < Scott Foil HMX Di2, Volagi Liscio Di2, Jamis Renegade Elite Di2, Cube Reaction Race > ROUGH0 -
He'll also get done for failing to report an accident at the time. Two offences, probably at least six points (I got done for DWDCA a few years ago and got four just for that- pushed my insurance right up) and a hefty fine.
Glad you're not permanently damaged. Go through the official channels (i.e. his insurance) and he'll get what's coming to him. A claim, plus points on his license for DWDCA will cost him dearly when he comes to renew; quite apart from the prosecution.0 -
Firstly i'm glad your ok!
In terms of any claim go through the insurance or one of the many no win no fee companies if you've not got any bike insurance. I had a friend who was convinced to go down the lets-sort-it-out-between-us route and after months of the bloke saying he would cough up he stopped answering any calls and it took ages for the solicitor/insurance to track the bloke down.
In terms of the driver it seems there is a reasonable chance this will go to court. Most due care cases now days only go to court if there is an injury involved, if not the driver is offered a driver improvement course. This is all to do with court time. But I would not worry about that as it really lies out of your hands.
P.S get back on the bike as soon as you can or it just gets harder.*Insert something witty or profound here*0 -
redvee wrote:Mote than a new bike to cover the cost of, injuries & out of pocket expenses such as PT now that you can't ride to work and hospital appointments to start with.[/quote
As a benchmark:
last year my SMISDY resulted in:
New bike £1k
BUPA bills of circa £2k refunded
£5,300 cash to me.
Injuries:
Grade 1 PCL strain
2 cracked ribs
Soft tissue injuries to back
Misc cuts and bruises
Accident April, back feeling ok and cycling regularly in the new year
I'm retired so no loss of earnings
Solicitor: CTC0
