Hit by a car

AAG
AAG Posts: 123
edited January 2012 in MTB general
On Moday i was hit from behind on a roundabout, and im pretty sure the car that hit me put his foot down to get through the lights resulting in me hitting his bonnet and then the road, regarding my bike all i can see is a buckled back wheel, is there a way i can see if the frame ok and does anybody know where i can get a Maddux DC 3.0, ive looked everywhere in the uk and nothing.

Glad i listen to the wife about wearing my helmet, i only justa started wearing it thank god.
MTB- Cannondale SL2 2011
Road- Saracen Sestriere now winter bike
Road- Trek Domane 4.5 2013

Comments

  • Go speak to the commuters about it on their forum, they're pretty well versed in this sort of thing.

    I'd expect that you need to get your bike to your LBS for a proper check over of the frame etc. If it's a carbon frame, they may well just write it off.

    Once you've had the bike examined and got the LBS to give you a quote for repairs/replacement, you need to get in touch with the drivers insurance company to organize payment (I assume you took all this info). Be prepared for a long wait.

    DO NOT ride the bike until you've had it checked.
  • miss notax
    miss notax Posts: 2,572
    Crikey, that's awful! Hope you're ok?
    Life is not measured by the number of breaths you take, but by the number of moments that take your breath away....

    Riding a gorgeous ano orange Turner Burner!

    Sponsor the CC2CC at http://www.justgiving.com/cc2cc
  • Sorry to hear about that, good luck with the claim etc. I must admit helmet wise I can be pretty naughty too. I'm often riding over 25 mph so I really should wear one all the time.
  • bails87
    bails87 Posts: 12,998
    Did you hit your head?

    Have you had any medical check/treatment?

    Have you got the driver's details?

    Witnesses?

    Have a read of this: viewtopic.php?f=40052&t=12722930

    Also, I'd advise anyone who regularly rides on the roads to get British Cycling or CTC memberhsip. It comes with legal support and 3rd party insurance in case of an 'incident', regardless of who's at fault.

    Glad you're relatively ok (ok enough to be typing anyway!). I was hit by a car almost a year ago and followed the process on that link, but without involving a lawyer. The driver's insurance co were pretty good and I was happy with the outcome. It helped that the driver was a decent guy who fully admitted responsibility.
    MTB/CX

    "As I said last time, it won't happen again."
  • EH_Rob
    EH_Rob Posts: 1,134
    Jeez, hope you're ok. +1 cwnt and bails, don't ride it until its been checked by LBS.

    Re Maddux DC3.0 rims, I have them on my Cdale - I'd expect them to be pretty difficult to come by after market. Either get LBS to recommend something when you're there or keep your eyes on the classifieds, you may be able to find someone selling one and save a bit of the monies.
  • bails87
    bails87 Posts: 12,998
    EH_Rob wrote:
    Jeez, hope you're ok. +1 cwnt and bails, don't ride it until its been checked by LBS.

    Re Maddux DC3.0 rims, I have them on my Cdale - I'd expect them to be pretty difficult to come by after market. Either get LBS to recommend something when you're there or keep your eyes on the classifieds, you may be able to find someone selling one and save a bit of the monies.
    The driver/insurance should be replacing it, plus anything else that may be damaged.
    MTB/CX

    "As I said last time, it won't happen again."
  • AAG
    AAG Posts: 123
    adwt2004 wrote:
    I must admit helmet wise I can be pretty naughty too. I'm often riding over 25 mph so I really should wear one all the time.

    When i took my helmet off and looked at it, ive never been so gratefull of my wifes moaning.

    Injury wise bad back and tissue damage to my shoulder, thankfully i had underarmour leggings on and a thick hoodie

    EDIT: i was always worried what i looked like with the helmet on, imagine what i would of looked like without it on.
    MTB- Cannondale SL2 2011
    Road- Saracen Sestriere now winter bike
    Road- Trek Domane 4.5 2013
  • bails87
    bails87 Posts: 12,998
    AAG: Note down everything, take photos of injuries if you've got bruising/cuts/road rash.

    Keep track of what painkillers you're having to take, what the/any pain is like, if it's stopping you riding/sleeping/working/humping, money spent on the bus/train/taxi id you're having to use that rather than the bike to get around.

    Did you get the drivers details? As I've already said, his/her insurance should be paying for this stuff. Get in touch with the insurance co ASAP to report it.
    MTB/CX

    "As I said last time, it won't happen again."
  • AAG
    AAG Posts: 123
    bails87 wrote:
    AAG: Note down everything, take photos of injuries if you've got bruising/cuts/road rash.

    Keep track of what painkillers you're having to take, what the/any pain is like, if it's stopping you riding/sleeping/working/humping, money spent on the bus/train/taxi id you're having to use that rather than the bike to get around.

    Did you get the drivers details? As I've already said, his/her insurance should be paying for this stuff. Get in touch with the insurance co ASAP to report it.

    He stopped and asked if i was ok, but to be honest i would have said yes to eveything at the time, and he went but luckely i got his number plate and went to the police and logged it with them and done the whole statement thing and their treating it as a hit and run even though he stopped.
    MTB- Cannondale SL2 2011
    Road- Saracen Sestriere now winter bike
    Road- Trek Domane 4.5 2013
  • bails87
    bails87 Posts: 12,998
    AAG wrote:
    bails87 wrote:
    AAG: Note down everything, take photos of injuries if you've got bruising/cuts/road rash.

    Keep track of what painkillers you're having to take, what the/any pain is like, if it's stopping you riding/sleeping/working/humping, money spent on the bus/train/taxi id you're having to use that rather than the bike to get around.

    Did you get the drivers details? As I've already said, his/her insurance should be paying for this stuff. Get in touch with the insurance co ASAP to report it.

    He stopped and asked if i was ok, but to be honest i would have said yes to eveything at the time, and he went but luckely i got his number plate and went to the police and logged it with them and done the whole statement thing and their treating it as a hit and run even though he stopped.
    Good to hear. With the combination of adrenaline and shock it's easy to say/think you're fine when you're not.
    MTB/CX

    "As I said last time, it won't happen again."
  • delcol
    delcol Posts: 2,848
    Good to hear. With the combination of adrenaline and shock it's easy to say/think you're fine when you're not.

    and some injuries can only appear after 24/48 hours like whiplash ect..
  • EH_Rob
    EH_Rob Posts: 1,134
    You're quite right - disregard what I said about the classifieds :)
  • dhutch
    dhutch Posts: 343
    AAG wrote:
    ....their treating it as a hit and run even though he stopped.
    From the point of view of someone who owns a car (as well as several bikes) that appears a little harsh?

    I got hit by a car on my own road, bend the rear wheel at 90, knocked my the to the (fortunatly grass) verge, fortuantly nothing more then shaken and bruised, frame measured up ok, new rear wheel paid for in cash by the driver who stopped.

    Daniel
  • bails87
    bails87 Posts: 12,998
    dhutch wrote:
    AAG wrote:
    ....their treating it as a hit and run even though he stopped.
    From the point of view of someone who owns a car (as well as several bikes) that appears a little harsh?
    Section 170(2) of the Road Traffic act 1988 provides that the driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the vehicle and the identification marks of the vehicle. The duty to stop means to stop sufficiently long enough to exchange the particulars above.

    Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. The duty to report means "as soon as reasonably practicable": Bulman v Bennett [1974] RTR. It does not mean the driver has 24 hours within which to report the collision

    When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. The failure to stop is usually viewed as the more serious of the two.

    A person who fails to comply with subsection (2) or (3) above is guilty of an offence punishable with a maximum sentence of six months' imprisonment.
    http://www.cps.gov.uk/legal/p_to_r/road ... /#P71_3529
    MTB/CX

    "As I said last time, it won't happen again."
  • dhutch wrote:
    AAG wrote:
    ....their treating it as a hit and run even though he stopped.
    From the point of view of someone who owns a car (as well as several bikes) that appears a little harsh?

    I got hit by a car on my own road, bend the rear wheel at 90, knocked my the to the (fortunatly grass) verge, fortuantly nothing more then shaken and bruised, frame measured up ok, new rear wheel paid for in cash by the driver who stopped.

    Daniel

    I very much agree with this.

    He stopped, he asked if you were ok and you said yes. Nobody else was hurt, you swapped details, how is that a hit & run?

    Edit to say: I'd have done the exact same thing if I was him. There is nothing more you can do other than asking someone if they are ok and giving your details.
  • milko9000
    milko9000 Posts: 533
    Way I read it, he didn't swap details, just checked he wasn't dead and then scarpered.
  • bails87
    bails87 Posts: 12,998
    dhutch wrote:
    AAG wrote:
    ....their treating it as a hit and run even though he stopped.
    From the point of view of someone who owns a car (as well as several bikes) that appears a little harsh?

    I got hit by a car on my own road, bend the rear wheel at 90, knocked my the to the (fortunatly grass) verge, fortuantly nothing more then shaken and bruised, frame measured up ok, new rear wheel paid for in cash by the driver who stopped.

    Daniel

    I very much agree with this.

    He stopped, he asked if you were ok and you said yes. Nobody else was hurt, you swapped details, how is that a hit & run?

    Edit to say: I'd have done the exact same thing if I was him. There is nothing more you can do other than asking someone if they are ok and giving your details.
    As above, he didn't leave details, and he's required to report it to the police "as soon as reasonably practicable and in any case within 24 hours". Regardless of what you would or wouldn't do, the driver (allegedly) broke the law. If I hit someone while driving I'm not sure I'd trust their judgement, knowing how people can be affected by a bump to the head, which the OP had clearly had if his helmet was damaged.
    MTB/CX

    "As I said last time, it won't happen again."
  • milko9000 wrote:
    Way I read it, he didn't swap details, just checked he wasn't dead and then scarpered.

    Fair enough.

    Then neither of them did though right?

    Is it a Hit & Run on both parts?

    I wouldn't expect a driver to offer to swap details, if you pick yourself and your bike up, they ask if you're ok and you say yes, as far as they're concerned there is no damage and it's ok to go.

    Sounds like a misunderstanding rather than a malicious act.

    Clearly the driver was at fault, but I just think going after him for H&R is a bit OTT given the circumstances (the ones we're aware of at least)
  • bails87
    bails87 Posts: 12,998
    milko9000 wrote:
    Way I read it, he didn't swap details, just checked he wasn't dead and then scarpered.

    Fair enough.

    Then neither of them did though right?

    Is it a Hit & Run on both parts?

    I wouldn't expect a driver to offer to swap details, if you pick yourself and your bike up, they ask if you're ok and you say yes, as far as they're concerned there is no damage and it's ok to go.

    Sounds like a misunderstanding rather than a malicious act.

    Clearly the driver was at fault, but I just think going after him for H&R is a bit OTT given the circumstances (the ones we're aware of at least)

    The driver hit someone, he is legally required to report it. The law is pretty clear on that. He didn't report it. He broke the law. If he'd given his details then there'd be no need to report it to the police. He didn't leave any details and left a cyclist who was potentialy in shock and had suffered a substantial blow to the head on his own while he vanished to protect his no claims discount.

    The OP reported it to the police. No law broken by him/her.

    I've not got much sympathy for crap drivers at the moment, after being assaulted by one on the way to work earlier this week :wink:
    MTB/CX

    "As I said last time, it won't happen again."
  • bails87 wrote:
    dhutch wrote:
    AAG wrote:
    ....their treating it as a hit and run even though he stopped.
    From the point of view of someone who owns a car (as well as several bikes) that appears a little harsh?

    I got hit by a car on my own road, bend the rear wheel at 90, knocked my the to the (fortunatly grass) verge, fortuantly nothing more then shaken and bruised, frame measured up ok, new rear wheel paid for in cash by the driver who stopped.

    Daniel

    I very much agree with this.

    He stopped, he asked if you were ok and you said yes. Nobody else was hurt, you swapped details, how is that a hit & run?

    Edit to say: I'd have done the exact same thing if I was him. There is nothing more you can do other than asking someone if they are ok and giving your details.
    As above, he didn't leave details, and he's required to report it to the police "as soon as reasonably practicable and in any case within 24 hours". Regardless of what you would or wouldn't do, the driver (allegedly) broke the law. If I hit someone while driving I'm not sure I'd trust their judgement, knowing how people can be affected by a bump to the head, which the OP had clearly had if his helmet was damaged.

    Perhaps the driver wasn't a cycle commuter and therefore didn't know the road traffic act chapter and verse. :roll:

    My point is, the driver had stopped and asked the op if he was ok, and the op said "yes". I completely agree he should have made more of a point of it, but the shock of the moment applies both ways.

    It really plsses me off that some commuters seem to want to go for the jugular every time something like this happens, like the driver is some kind of road rage cyclist murdering puppy torturing psychopath. Seriously, you lot need to just chill the fark out!
  • bails87
    bails87 Posts: 12,998
    It really plsses me off that some commuters seem to want to go for the jugular every time something like this happens, like the driver is some kind of road rage cyclist murdering puppy torturing psychopath. Seriously, you lot need to just chill the fark out!
    :lol:

    Don't worry CWNT, I'm ok.

    I think it's the police who made the decision to push for a H&R charge, not the 'commuters'.:wink:

    I'd say it was pretty common knowledge that you swap details after a bump. Even if it's minor. I certainly would anyway.
    MTB/CX

    "As I said last time, it won't happen again."
  • dhutch
    dhutch Posts: 343
    I guess the crux of it is the driver must report it and didnt. At which point he has shot himself in the foot for now knowing the rules, even though I might well have done the same time. I'm fairly sure my collision was never reported, or even mentioned to, the police.

    Although when I had an off into a fence two christmases as go and a by stander rang the police I made dam sure it was logged that I had also called them and logged it moments later.


    Daniel
  • bails87 wrote:
    It really plsses me off that some commuters seem to want to go for the jugular every time something like this happens, like the driver is some kind of road rage cyclist murdering puppy torturing psychopath. Seriously, you lot need to just chill the fark out!
    :lol:

    Don't worry CWNT, I'm ok.

    I think it's the police who made the decision to push for a H&R charge, not the 'commuters'.:wink:

    I'd say it was pretty common knowledge that you swap details after a bump. Even if it's minor. I certainly would anyway.

    :lol: Glad you survived.

    And of course, you're right, it was plods decision to push for H&R, and it is also good to know they're not just dismissive of cyclists like some forces are.

    But I stand by the view that in this case, the driver deserves a little slack. Even though he was clarly in the wrong in the eyes of the law. The point is that even a militant cyclist such as yourself ( ;) ) must be able to appreciate he didn't just palm the poor dying cyclist off to the face and vanish down the road chuckling to himself maniacally (sp).
  • bails87
    bails87 Posts: 12,998
    No, of course not. And I agree that a conviction seems a bit harsh, I just quoted the CPS guidance that shows why the police are doing what they're doing. They're sticking to the rules, which is all we (all of us, not 'cyclists') can hope for.

    Anyway, it's Friday, and after being punched in the face by a mental driver, followed by a tricky week at work, I could do with a beer....

    Cheers!
    MTB/CX

    "As I said last time, it won't happen again."
  • AAG
    AAG Posts: 123
    Just for the info, he didnt leave any details i got his number plate and passed it to the police, at first i thought its only a wheel but then i thought about it and im sure he jumped the lights and as for saying he didnt see me, even though i was wearing a bright red hoodie and i was right infront of him.
    MTB- Cannondale SL2 2011
    Road- Saracen Sestriere now winter bike
    Road- Trek Domane 4.5 2013
  • Briggo
    Briggo Posts: 3,537
    milko9000 wrote:
    Way I read it, he didn't swap details, just checked he wasn't dead and then scarpered.

    Fair enough.

    Then neither of them did though right?

    Is it a Hit & Run on both parts?

    I wouldn't expect a driver to offer to swap details, if you pick yourself and your bike up, they ask if you're ok and you say yes, as far as they're concerned there is no damage and it's ok to go.

    Sounds like a misunderstanding rather than a malicious act.

    Clearly the driver was at fault, but I just think going after him for H&R is a bit OTT given the circumstances (the ones we're aware of at least)

    Hold on a minute, the guy's just been smacked from behind by a car, will be in total shock and you expect him to be coherant to think 'right gotta take full details etc etc'.

    The person who should be leading on it is the driver who hit him so I'm not surprised its a hit and run to be honest, especially with clear cut damage to his bike which would have been seen at that stage so no excuses to try and rectify his fault, just because theres no immediatly obvious damage to the rider doesn't mean he can ignore the damage to the bike.
  • gezebo
    gezebo Posts: 364
    Before everyone starts arguing it should be remembered that there is three sides to this story. The OP's, the driver's and somewhere in between the truth...
  • bails87
    bails87 Posts: 12,998
    supersonic wrote:
    Was it dark?
    Hmmm, that's what I thought!
    MTB/CX

    "As I said last time, it won't happen again."