Doored..

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Comments

  • slowbike
    slowbike Posts: 8,498
    AndyH01 wrote:
    At worse case there could be an argument for contributory negligence for filtering on the inside which could reduce any award by circa 25%
    I appreciate you're giving "worst case" ... but I don't think it's filtering if you're in your own lane ... I suppose it depends on the cyclelane in question though.
  • veronese68
    veronese68 Posts: 27,825
    Sorry a bit late to this. Having had similar a year ago I will tell you from my experience.
    I was passing relatively slowly between two lanes of traffic when I got doored by the passenger of a car in the right hand lane. My bike was not too bad, but I received some surprisingly nasty injuries. Large cut to right arm, broken finger and a cracked rib. There were two girls in the car that did it, police attended at the scene. The girls that were in the car were absolutely distraught to the point that I was trying to calm them down. I then got carted off in an ambulance.
    The policeman that attended came to see me in hospital, having dropped my bike off at my house first, and said that it was an absolute offence to open a door in traffic, his words, but as they were both so upset by the whole thing and obviously full of remorse he saw no point in prosecuting. I agreed with this and still do. They were both absolutely mortified and will learn more from the state of me and what happened than a small fine. But as in your case this is clearly the fault of the people in the car, 100% no contributory negligence.
    I'm a member of British Cycling so got in touch with their insurance. They are claiming from the drivers insurer, whilst the passenger may be criminally responsible the driver's insurance should pay if you go that way. If they want to settle out of insurance that's up to them to sort out but they are definitely completely liable. Don't forget all your little extra costs whilst you are without a bike.
    Good luck with it. I'm still not quite 100% and haven't seen a penny yet. Glad you're not hurt at least.
    Ironically I have always been aware of this and tend to avoid passing on the left, even if there is a bike lane. I feel safer passing on the right.
    Kinesis Pro6
    Marin Nail Trail
    Cotic Solaris
  • Colinthecop
    Colinthecop Posts: 996
    Veronese68 wrote:
    I will tell you from my experience.

    Are you sure you're being completely truthful...?

    I only ask as you're painting the Police in a surprisingly and somewhat unusually good light. :wink:
  • veronese68
    veronese68 Posts: 27,825
    Colinthecop wrote:
    Veronese68 wrote:
    I will tell you from my experience.

    Are you sure you're being completely truthful...?

    I only ask as you're painting the Police in a surprisingly and somewhat unusually good light. :wink:
    Yes, they were really very helpful. I totally agree there was no point in prosecuting. They were in a van so took my bike home, admittedly not far. Best of all I was upset as I was supposed to be driving my 14 year old son to a girl's party and he even offered to take him in the van.
    I then got offers of victim support and such like and a few follow up calls explaining why they weren't prosecuting and such like. All very nice, but at that point I thought the resources on following up something that I already understood could be better served elsewhere.
    Credit where it's due and all that.
    Kinesis Pro6
    Marin Nail Trail
    Cotic Solaris
  • Colinthecop
    Colinthecop Posts: 996
    Maybe they were being overly nice thinking you'd drop in a box of Jelly babies at the station.

    I mean, that's the only reason why i'm ever nice.

    It's not worked in 20 odd years but I still live in hope. :cry:
  • veronese68
    veronese68 Posts: 27,825
    Well, it certainly wasn't for my looks. At least I hope not.
    Kinesis Pro6
    Marin Nail Trail
    Cotic Solaris
  • patrickf
    patrickf Posts: 536
    Colinthecop wrote:
    Veronese68 wrote:
    I will tell you from my experience.

    Are you sure you're being completely truthful...?

    I only ask as you're painting the Police in a surprisingly and somewhat unusually good light. :wink:
    Amazingly, there are some police offers on the road who use sensible proactive policing.

    I had an officer on a motorbike have a chat with me after I held my hand on the car horn a little too long as the car in the lane to my right kept edging for me and was only a couple of inches off driving into me at a queue. The officer had a chat with me and then proceeded to have a chat with the other driver. I actually didn't realise he was a police officer until he went forward to talk to the other driver.

    Fully appreciated what he did and handled it all vey professional.

    There, some balance added to the mix :)
  • patrickf
    patrickf Posts: 536
    Agree with a cycle lane in place this would constitute the manoeuvre not being undertaking/overtaking. The Highway Code states to signal when leaving a cycle track on road, which to me means that the cycle track should be treated like a multi lane road.
    63

    Cycle lanes

    These are marked by a white line (which may be broken) along the carriageway (see Rule 140). When using a cycle lane, keep within the lane when practicable. Before leaving a cycle lane check that it is safe to do so and signal your intention clearly to other road users. Use of cycle lanes is not compulsory and will depend on your experience and skills, but they can make your journey safer.

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