Accident advice please

Barrzy257
Barrzy257 Posts: 411
edited July 2015 in Commuting general
Good morning,

Unfortunately I was involved in a accident this morning with a car, I'm currently sat in the waiting room with a suspected broken wrist and elbow. I was cycling along with the flow in traffic, straight road, around 15mph, there was a side road joining from the left, I looked ahead to make sure the cars joining would see me, to which the car to my right pulled in and I collided with the rear quarter, causing me to crash. Immediately she stopped as did a following car, the following cars driver jumped out and shouted "she was indicating" I just replied fine my fault, I had to help calm her the driver down and reassure her I wasn't dying, she was actually a nice lady. We exchanged details and off she went as I waited to be picked up.

My question is where do I stand? I scratched her car on the side, but my bikes pretty beat up. I wasn't going to make a claim or pursue it, but I fear she might. The nurse I've seen has told me to claim and report it, as I will certainly need time off work and some physio. I don't really know who's to blame, I suppose me as she was indicating?

Any advice would be much appreciated

Barrzy256

Comments

  • joenobody
    joenobody Posts: 563
    Indication doesn't confer right of way, so likely not relevant. It's not that clear from your description where she pulled in from. If she was changing to a lane you were in then the onus is on her to ensure clear passage...
  • Barrzy257
    Barrzy257 Posts: 411
    We were both in a lane heading straight ahead, she turned left into the adjacent side road, causing me to collide with the side of her car
  • joenobody
    joenobody Posts: 563
    Ah, ok. Could still be a degree of responsibility on the driver to make sure it's safe to turn in that instance, but it does now sound more like your fault. Sorry.
  • the_hundredth_idiot
    the_hundredth_idiot Posts: 813
    Doesn't sound clear that it was your fault from how you've described it.

    It might have been unwise on your part to be alongside a car to your right. But did the car start to overtake you then try to turn left, or did you "undertake" the car? Even if you were undertaking, the driver has a responsibility to make sure the turn is clear - they can't just assume other road users will have got out of their way because the indicators were on (and would you even be able to see the indicators if you were alongside?).
    Never be tempted to race against a Barclays Cycle Hire bike. If you do, there are only two outcomes. Of these, by far the better is that you now have the scalp of a Boris Bike.
  • The Rookie
    The Rookie Posts: 27,812
    As above, the key point (that you've missed) is the bit leading up to you being alongside the car, was she passing you, were you passing her, if so how long had you been passing her (that is riding alongside her).
    Currently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.
  • Barrzy257
    Barrzy257 Posts: 411
    It's a little fuzzy right now, but I think we were going alongside for around 50yards, about similar speed
  • The Rookie
    The Rookie Posts: 27,812
    So who was in front before you were going alongside her?

    Bad cycling anyway, you get in front or stay behind, don't ride next to a car, its a recipe for disaster as you were probably in the blindspot.
    Currently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.
  • Squawk
    Squawk Posts: 132
    Key point here has to be whether you were behind and crept up on her, or whether she was behind and pulled level before turning. If she was behind, pulled alongside then turned I'd say 100% her fault. If you were behind and never got level with her passenger window I'd say it's more like 80:20 on you.

    If I was driving I'd guess I'm about 1/50 (random guess, but prob not far off) to not notice a cyclist has just entered my blindspot from behind, probably worse in start stop traffic where my focus is likely to be on the car in front and the turn I'm about to make. Recipe for disaster if the cyclist isn't paying attention.

    I cycle 7000 miles per year through London during rush hour (commuter) so I'm more than aware of the various places a cyclist can hide and I watch out for it, so I'd guess far worse odds for the average driver.
  • The Rookie
    The Rookie Posts: 27,812
    Agreed......but even if you are in the right, never ride alongside, its just a bad idea, it doesn't help being in the right when you are the one eating tarmac.
    Currently riding a Whyte T130C, X0 drivetrain, Magura Trail brakes converted to mixed wheel size (homebuilt wheels) with 140mm Fox 34 Rhythm and RP23 suspension. 12.2Kg.

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