Follow up to accident with London bus 7 months ago

pedgepuk

Hi all,

So back in November 2014 I posted the below on the forum for some advice on how best to approach the authorities after a London Bus collided into me intentionally after failing to give me his details.
http://www.bikeradar.com/forums/viewtopic.php?f=40052&t=13000186

After 7 months of waiting, the CPS charged the bus driver with 'driving with undue care and attention' in which I'm not at all pleased with. I've raised a formal complaint to the Met Police based on the following:
- Lack of updates to the case
- A charge brought to the driver which is a 'slap on the wrist'
- Intentionally driving the bus into my bike and forcing me into another cyclist
- Dangerous driving while carrying a fully loaded bus during rush hour
- Causing injury to myself and another cyclist
- Injuries consisting of cuts, severe bruising, lacerations, stitches to deep wounds
- Injuries sustained which staff at A&E classed as assault
- Injuries which are now permanent or impeded day to day physical movement
- Crushing and writing off my pedal bike intentionally by driving the bus over it
- A witness giving valuable information and standing beside the bus drivers cab who stated that he was intentionally wanting to cause hurt
- Bus driver being provocative, aggressive and abusive post collision

One of the major issues I have is the Met Police/CPS failure in obtaining CCTV footage from the bus company in which they have responded to me saying that their onboard CCTV hard drive module was corrupted, thus not able to extract the footage. Coincidence eh?!

I have repeated myself many times to the case manager at the Met that I have mobile phone video footage of the driver being abusive and intentionally moving his bus towards me when I got off the bike to record his reg plate and bus ID. This was never requested by them until I decided to lodge a complaint.

So, next week is the court date and I have to attend as the victim/witness to give evidence. The news is that the bus driver pleaded not guilty at the original date in April and it's now a trial. The driver has been sacked from his job after my witness who was by the drivers cab provided details in a statement.

Has anyone had experience of facing the defendant in court in which they were involved in a collision with? I'd be keen to find out if anyone can share their stories.

Aside from the above, I employed a 'no win no fee' firm through Slater & Gordon to recover the costs for the expenses and loss in bike plus injuries sustained. The bus companies insurers have acknowledged the incident but have yet to confirm liability, so still no payment nor interim payment for the written off bike.

I do miss the cycle commute of 26 miles per day and was hoping for an interim payment but it seems the bus company isn't playing ball.

I'd appreciate any comments you may have on the above and thanks.

The Rookie

With undue care would be good, without due care and attention is the offence I think you mean!

If criminal proceedings are occurring it's not unusual for them to not pay out in the meantime, you should have itemised extra costs (such as commuting costs) so they can see it's costing them by delaying payment.

condorman

If you're that unhappy with how the Police investigated the accident then complain to the IPCC - https://www.ipcc.gov.uk/

Whilst it's too late to get them to properly investigate IPCC complaints are not treated lightly. It's the nuclear option but very effective.

The Rookie

The first complaint has to be to the force in question, pointless going straight to the IPCC as they will just refer it straight to the force.

debeli

This is an interesting thread. I read the OP's original post and it seemed to be slightly gappy and porous, not to say one-sided.

The initial altercation happened approaching a bus stop. I imagine (no info given) that the driver was hoping to allow his passengers to alight or board. Most road users (cyclists, motorcyclists, pedestrians, motorists) can see bus stops and are aware that buses are likely to want to stop at them. There is a tradition (or custom) of allowing buses to get into the kerb at bus stops and out again. It usually works.

Clearly in this case it did not, but the OP decided to make an issue of it. That's a shame, but sometimes people get cross and shouty. It's just life and it's just commuting.

But to follow a bus to Herne Hill from Oval? This starts to look like a vendetta.

Luckily for the OP, all the passengers will have witnessed everything and there was a second cyclist involved.

But little or no action seems to have been taken.... Could this be fantasy? Could the authorities have come to the conclusion that any aggression offered was in response to some offered by the OP?

It happened many months ago and still no police action. Yet from the OP's account, it sounds like Waco on a bad day. So many witnesses, a bus deliberately being driven over a bike, a rider being deliberately knocked off.... Really?

I'm sorry the OP was hurt, but the criminal element of this tale seems just that... a tale.