Cyclist v Car = Crash & Injuries

[Irri Tant]

Hi

New here after being pointed this way by friend on FB

Whilst cycling Tuesday evening 10th Sept, approx 18.40 and I was forced into taking evading action due to a car pulling out of a junction as I was passing which resulted in a visit to the local A&E and a damaged bike.

The driver did NOT crash into me but WAS the cause of my accident.

I noticed the off-set junction seemed busy, 5 or 6 cars. Some people walking their dogs. As I got to the junction a silver Peugeot 106 pulled up sharply to the give way lines at the junction with the car steered a little to the way he wanted to go. Watched his head movement looking right left, then just as I got to the start of the junction he pulled out. Looked as it was a case of there’s a gap I can get out and get going. Natural instinct was to ease to the kerb I guess but I ran out of room and had to jump of the bike onto the pavement/grass verge otherwise I believe I would have crashed into the pelican crossing post. Police car appeared and took details from the driver & myself whilst the Ambulance was on the way.
Red line was me, orange the car. I ended up on the grass before the concrete access cover. Got of the bike before I lamped the pelican crossing post
Spoke to the Officer the other day and the driver and two witnesses say my fault on his report, ***. If [he] hadn’t pulled out I’d be OK.

[ ] edited by Graham

[Irri Tant]

Short red line is where I decided to leave the bike for the grass rather than hit the post as the tyre rubbed the kerb. Sounded like the rim at first but just look over the bike and theres no damage to the rim other than a good buckle. I ended up on the grass the other side of the concrete service hatch.

[cozumel]

Hi;

First up, wanted to say I hope you weren't too seriously injured and that you make a full and speedy recovery. Also that your bike is easily repaired too.

Have some questions though (no apportion of blame implied):

What were the weather conditions?
What were the prevailing traffic conditions (busy/quiet etc)?
What speed were you travelling at before the car pulled out?
Had you slowed down and/or covered the brake when noticing the approaching potential hazard?
Why were you travelling so close to the kerb? (Maybe the red line is not drawn correctly?)
Were you cycling that close to the kerb on your approach to the junction too?

[BeeKeeper]

You said you were cycling at night, can we assume it was dark apart from any street lights? They may be blaming you because of poor lights and/or dark clothing. Otherwise, you had right of way but if 3 people say it was your fault is something missing from your account?

[Irri Tant]

Hi;

What were the weather conditions?
What were the prevailing traffic conditions (busy/quiet etc)?
What speed were you travelling at before the car pulled out?
Had you slowed down and/or covered the brake when noticing the approaching potential hazard?
Why were you travelling so close to the kerb? (Maybe the red line is not drawn correctly?)
Were you cycling that close to the kerb on your approach to the junction too?

Crash happened at approx 18:40 according to my Garmin

Weather was a dry, bright evening.
I noticed the off-set junction seemed busy, 5 or 6 cars. Some people walking their dogs.(in OP)
Did cover the brakes. Probably scrubbed a bit of speed off from circa 16/17 mph which is my usual speed on the flat.
Red line. I usually ride about 15" to 20" from kerb so as not to be in the rain channel/gutter

[Irri Tant]

You said you were cycling at night, can we assume it was dark apart from any street lights? They may be blaming you because of poor lights and/or dark clothing. Otherwise, you had right of way but if 3 people say it was your fault is something missing from your account?

OP update to say Tuesday evening 10th Sept, approx 18.40 so need for lighting.

I was wearing my Altura jersey.
https://www.google.co.uk/url?sa=i&rct=j ... 3128752399

I would have right of way as I was on the main road. Just as I drew level with the junction the car decided to pull out. In my view it looked like the driver thought I can get out out of here and get going.

Nothing missing from my account as far as I can see unless Graham's edit removed something I typed

[meic]

It may not seem to be directly suitable for you but you should have a look through this thread as it will clarify a lot of general points that you need to know in any situation like this.

viewtopic.php?f=1&t=49627

[Si]

Red line. I usually ride about 15" to 20" from kerb so as not to be in the rain channel/gutter

Commiserations on the crash, hope you heal up quick.
TBH, I would have been much further out - probably in the middle of the lane, hard to say for sure as I wasn't there, but at least 1m out. You need to be where people are looking for cars (and where you can stop others overtaking if circumstances dictate that this is necessary).

Nonetheless, your positioning does not make it your fault, the onus was on the driver to see you and let you get clear of the junction before he moved.

[Adam S]

Okay, so do you have any idea why the other people thought you to be at fault? Was anything said at the time?

[Irri Tant]

Okay, so do you have any idea why the other people thought you to be at fault? Was anything said at the time?

No idea what the others thought other than the Officer has told me they have said my fault. The driver would as you expect say the same thing.

All I can recall is the driver saying to me that he didn't see me at least twice. Once whilst I was on the grass and the other in the ambulance.

[Irri Tant]

Here's a picture from data captured via the garmin

Last cadence was measured at 17:56:16 pin pointed by the bike symbol. Looks like I was into the junction area just after which the driver pulled out. Looks like I didn't peddle a short distance just before. Best I can see for speed is aprrox 16.6mph at the time the car pulled out.

Silver car is not the one in question but that's how I recall the drivers car pulling up at the junction.

[Irri Tant]

TBH, I would have been much further out - probably in the middle of the lane, hard to say for sure as I wasn't there, but at least 1m out. You need to be where people are looking for cars (and where you can stop others overtaking if circumstances dictate that this is necessary).

That's something I do when I want to 'command' the road when turning right.

Not sure how far out I usually ride but I generally have an eye line through the handle bar end so the kerb is visible. Hope that makes sense.

[Irri Tant]

(Maybe the red line is not drawn correctly?)

Short red line is were the front wheel rubbed along the kerb before I got off the bike

[thirdcrank]

I'll suggest you need to be clear in your mind what you hope to achieve as a result here.

Not everybody understands that the main role of a police investigation is to look for evidence with a view to a prosecution for driving offences. In that context, a witness saying that somebody was to blame is meaningless. What's important is the evidence witnesses can give. Eg saying that they saw a vehicle being driven past a red traffic light without stopping and waiting till it changed back to green would be evidence of the offences of failing to comply with a traffic sign and probably careless driving. Having said that, it's a brave prosecutor who gets up in court knowing that there are a couple of independent witnesses exonerating the defendant.

You've been injured and suffered loss through the damage to your bike. I'd recommend that you see a solicitor specialising in cyclists' personal injury claims who will advise you whether you have a case for compo. meic's posted the relevant link.

[Graham]

Witnesses :
May know the driver of the vehicle.
May have a pathological hatred of people on bicycles.
May just think that ( normal ) motorist must be right : abnormal ( deviant ) person on bicycle must be wrong and bias their account accordingly.
etc.
etc.

It's a tough situation if a witness or witnesses are not on your side.