What to do in the case of an accident (discussion)

Just to add to these comments... Like cliveo, I'm lawyer, and I can say that this is VERY sound advice to get an investigation moving properly. I prosecute, and I have to chase police officers on a regular basis, phone their inspectors / sergeants, threaten to drop the case, etc. etc. if they don't get off their arses and get the evidence I need.

Hassle them until they get it right. Civil cases certainly help financially, and specialist firms with links to CTC are an excellent starting point.

Something else people don't often realise -- opening a car door so as to injure OR endanger any person is a criminal offence. How many times have we all had to swerve round some dippy cow who hasn't checked her mirror / blind spot before swinging open the door on her 4x4? Usually right in front of a following vehicle, without time for livesaver checks. I recently prosecuted a guy down in Portsmouth who opened his car door without looking, straight into the neck of a passing cyclist, who was in his naval whites, on his way to work. The sailor was extremely lucky, and is still walking, despite the fracture to his neck.

That's a really bad example, but it's an offence to ENDANGER, not just injure, so if someone does something that really takes teh piss, tell the cops. Be prepared for them to tell you it isn't a crime, but cite the following and shock them with knowledge!

Road Vehicles (Construction and Use) Regulations 1986
Regulation 105,

No person shall open, or cause or permit to be opened, any door of a
vehicle on a road so as to injure or endanger any person.

Road Traffic Act 1988, Section 42 makes contravening the above regulation an offence.

Top thread, v useful. I'd be glad to volunteer myself as resident criminal lawyer for the board!

Welcome, Wannabe. You'll certainly get plenty of reading matter on here that will interest you--there are numerous traffic incidents reported on a regular basis.

Not sure if this helps?

80% of witnesses pull out if there is a chance it will go to court! (Police and lawyers have confirmed this phenomenon is the most common occurrence) Get as many as you are able, and most importantly try and get someone who actually saw the point of impact. if someone was passing by and heard the crash or saw the guy drive away it aint gonna cut it.

You are more than likely going to be fobbed off with a default police letter stating how sorry they are, and its a shame nothing can be done. Too bad, so sad kinda story. There is a lil something called 'dereliction of duty' if your case has been mis-handled...obviously being nice always gets you futher, faster!

Welcome, Wannabe. You'll certainly get plenty of reading matter on here that will interest you--there are numerous traffic incidents reported on a regular basis.

It's a shame that for me, "interesting" in a professional context simply means someone has been hurt in an accident / beaten up / raped / killed. But if my so-called expertise can help even one cyclist bring a ditzy driver to book, so much the better!

Not sure if this helps?

80% of witnesses pull out if there is a chance it will go to court! (Police and lawyers have confirmed this phenomenon is the most common occurrence) Get as many as you are able, and most importantly try and get someone who actually saw the point of impact. if someone was passing by and heard the crash or saw the guy drive away it aint gonna cut it.

You are more than likely going to be fobbed off with a default police letter stating how sorry they are, and its a shame nothing can be done. Too bad, so sad kinda story. There is a lil something called 'dereliction of duty' if your case has been mis-handled...obviously being nice always gets you futher, faster!

I'd always summon witnesses to a trial if someone had been hurt in an accident. Witness warrants are available if they fail to answer the summons -- which means arresting the witness and bringing them to court in custody.

It's a shame that for me, "interesting" in a professional context simply means someone has been hurt in an accident / beaten up / raped / killed.

Someone's got to do it.

But if my so-called expertise can help even one cyclist bring a ditzy driver to book, so much the better!

Keep up the good work!

Mornin'

Just wanted to thank Roxy for a great post. Got knocked of by a car this morning as he turned left without checking his mirrors. Scrapes and bruises to me, the bike and the car but no serious damage done.

The OP really helped in getting the right details and information should they be needed in future. Thank's Roxy!

This is really useful, thanks Roxy.

good advice. Shall come back to this if todays altercation with a car turns out to have caused me serious injury to my knee or bike.

thanks for posting this interesting read

Excellent advice. I wouldn't had a clue where to begin in case of an accident. Thx Roxy

Ditto. Thanks for the useful read.

It seems like every other day I have a close call which tells me I'm increasingly likely to need these details. It's hard to keep calm when you've been knocked off, but at least this gives me somewhere to start.

Cheers.

really interesting and informative summary of the law - thanks

Infinately useful post, Thanks!

yeah good work roxy.

i witnessed up on a crash involving a cyclist. it happened about two years ago. the guy rang me the other day and said he had just got a settlement.

he said that ctc / lcc (i cant remember which - it may have been both) were v useful.

Is this any good ? evidence wise I mean...
http://www.phase7.org/DodgeyDrivers/Highlights.html
http://www.phase7.org/DodgeyDrivers/RougesGallery/dodgeydrivers.htm
http://www.phase7.org/DodgeyDrivers

good one roxy,
Nice to read how to compose and organise yourself in the event of a collision, I will keep my mind on track by noting down the points you made.
Sometime ago, I did smash into van door on a bend on Graham Road, bike ruined (cheap bike) fingers needing stitches, was going to take details, but on what I observed over time, I just did not have the heart to take further action, they were very honest and poor, and I am poor too so just could not take it any further. Stupid, but I like the tiny scars when I look at them, then it makes me feel good, I did a good thing, or a stupid thing. I can live with that.
I was not sure that cyclists even had any rights on the road, not really.. so thanks.

The Cyclists' Defence Fund have just updated their web-site. Their page with advice on what to do in the event of a collision is here:

http://www.cyclistsdefencefund.org.uk/what-do-if-youve-been-a-crash

There have been a couple of accidents recently where the rider hasn't done everything that they should have done. Naturally it's not easy to focus on procedure when you've taken a beating with a couple of tonnes of metal. Perhaps we should make up some wallet laminates as aide memoires. Got knocked down? Follow the checklist.

Yes, this is something I've been wanting to design for awhile.
I can pair down the advice if someone would like to layout the card
And get some laminated.
Email me if you'd like.

If you don't have a front brake, but that didn't have anything to do with the accident, what's the situation?

Technically grey area situation there. In law the bicycle probably won't be considered roadworthy, leaving you unable to claim any damages and potentially liable to a motorist. The only out would be if you could argue that the accident would have happened regardless to a sympathetic court.

If you don't have a front brake, but that didn't have anything to do with the accident, what's the situation?

I'm not a civil lawyer, but I can remember bits and bobs from bar school, and that may well be something the court would consider. It's not an absolute bar to claiming, though. If a bus hits you from behind when you're waiting at a red light, and you're brakeless, I doubt it would matter.

If a brake might have made a difference the court could find contributory negligence, and reduce the amount of damages by a percentage. Obviously, if it found you were entirely to blame, it wouldn't be contributory negligence, it would be normal negligence and you wouldn't get any money.

Do you have any advice comments on a situation where a car overtakes & then unexpectedly/suddenly stops - resulting in you going into the back of the car - that happened to me.

I had a witness (who I remember said he thought another car had pulled out, causing the car that overtook me to stop - no cctv), but I was in/out of consciousness and did not get any witness details - I think (not sure) the Police attended the scene and took statements... they took my statement in A&E... any comments/thoughts would help...am I liable for the damage to the car/is there any possibility for me to claim on their motor policy for damage/injury?

My understanding of the law is limited on this one. It's my belief that whoever is behind is (the majority) at fault.
Anyone else have better news for commie?