• Glad to here you both aren't traumatized from your misfortunes and any bike damage is correctable.

    Those junctions around Oval always confuse the hell out of me especially going left then right into brixton.. I think your meant to go when the light is red and stop when its green, which is alot less fun when its legal.

  • Some of these stories make me so angry. I don't see why 90% of the public have such a hard fucking time admitting they made a mistake.

  • To save money. It is depressing though, the bullshit they come out with.

  • It's not filtering as I read it, she was flashed and didn't bother to check for traffic in the second lane.

    Yep, even if the lorry flashed, she should be more careful;

    Yup eyebrows. Sounds like you're fully in the right and she's a fool. As others have said, totally her responsibility for not checking for all oncoming traffic.
    Yes, absolutely.

    But the courts consistently apply liability across both parties in this instance, so that just might be worth keeping in mind should there be any challenge as to whom should cough up for any costs or damages.

    Leeson v Bevis & Tolchard (1972)

    The key point to remember about cases where a vehicle is allowed to turn across the carriageway by another vehicle, is that 'a motorist who flashes his lights, or gives some other signal to another motorist who is seeking to execute a maneuver, is merely saying ''I shall wait here until you have finished''; he is not saying ''It is safe to proceed"'.

    Junctions are a naturally dangerous place for cyclists. The road traffic rules in and around junctions are straightforward and covered in the Highway Code. Much of the case law on junctions tends to revolve around misleading signals.

    Misleading signal cases are relevant, and it's helpful to have an idea of how the courts apportion liability in such cases.

    Of more interest may be the case law on filtering. Filtering – or lane splitting – is legal in the UK, and other motorists are warned of the possibility of filtering vehicles in the Highway Code, where Rule 151 says: "In slow-moving traffic you should 'be aware of cyclists and motorcyclists who may be passing on either side."

    Despite the warning and legality of filtering, liability in accidents involving filtering vehicles tend to result in the sort of split liability decisions highlighted in the above article.
    (Source)

  • One of the problems with this kind of crash is that a driver allowing another to move out by flashing their lights only signals this to the front. If there were an automatic mode in which there was also a tail light and perhaps side light signal to indicate this, the number of such crashes would probably be reduced. I'm sure this could work in practice.

  • Hi all,

    Was in an accident on Monday 17th February at around 9pm - a little hazy on the details due to shock so could have been a little before or after - heading southbound on Webber Street behind the old Vic, Waterloo. A car pulled out in front of me from Gray Street on my right to go straight across to Chaplin Close on my left. He's basically seen the gap between the cyclist in front of me (about two cars lengths) and gone for it. I pulled on the brakes but could not stop in time (wet conditions) and collided with the reinforced pillar between the front and back door on the passenger side of the car, taking full force on my shoulder and badly dislocating my clavicle.

    I was taken by ambulance to hospital where I was told I would likely require surgery, tuesday this was confirmed by appointment to a consultant at the hospital and on wednesday I had to undergo keyhole surgery with the insertion of a plate and hook into my various shoulder parts to pull the bones back together and an overnight stay in hospital. It hurts.

    In my view the driver is at fault, he has been ringing me since the accident but I have been in so much pain, in and out of surgery, or groggy from pain killers that I have not answered yet, and to be honest I have not had the courage to be bothered to given all the other stress.

    Today is the first day I have a slightly clearer head. What do you think I should do? Do I need to speak to him? I have his contact details and address but no insurance details, he told me not to worry as he is fully insured. I have yet to hear from the police but I believe it takes 10 days to process the incident and assign a case worker. I have two witnesses - one who saw the accident and another who would have seen the position of the car in the road and where I fell. What are my options here do you think? I would like to pursue this as involved in an accident in the same area a year ago and, despite the driver being found at fault by the police, I didn't pursue. I haven't taken the bike in yet for a check up but it was a pretty hard crash and am concerned to use it after two significant crashes (it got the all clear last year).

    Anyway thank you all for your time, I of course realize there may be some threads (and have perused a few) that can answer my questions, this is simply to sound out ideas and also to see if anyone saw the incident.

    Thanks,

    S

  • From your description, he is definitely at fault. There are give way lines on gray street at that intersection so he should not have pulled out between traffic like taht.

    I can't offer any advice as I have no experience in this, but good luck, and hope you heal up.

  • The fact that he is calling so much might be an indication that he has a conscience though, and he said he was fully insured so hopefully that means he intends to admit liability and cough up.

  • Have the driver contact you in writing, rather than over the phone. If you have a solicitor / insurance, have the driver contact them.

    Go to the "what to do in the case of an accident" thread.

    The police are, historically speaking, likely to do fuck all.

    Heal up soon.

  • Firstly, hope you're ok and heal up soon.

    Now that your head is clear, write everything down and keep writing. Including witness contact details; police involvement/report; expenses (including loss of earnings); your condition and state of mind...

    There may be repercussions with this injury that are ongoing and you might not be able to anticipate yet. Like post above do contact solicitors/insurance as they will have advice that will prove invaluable. As well as the accident thread which is a great resource.

    Don't rush. Don't feel guilty for contacting people whose job it is to deal with situations like this. And main thing again - heal up.

  • Fuck I got off lightly with a similar setup.

    Heal up and get a solicitor to sort the hassle.

  • Get a solicitor like others have suggested, I personally wouldn't speak to the driver directly. I would speak the a solicitor, have them contact the driver to ask the correct questions. The same goes for the witnesses. This way it would most certain take away some of the stress from you, as for now, you need to focus on getting better. In my experience once a solicitor is involved, you would have to do very little.

    Maybe I think the worst of people sometimes, the fact that the driver keeps calling could very well be (and I hope it is) that he cares and wants to know how you are getting on / take responsibility etc, but I have 2 friends who have had seemingly caring drivers and as soon as they told them that a solicitor is involved, their tones and manners changed and refused to cooperate. One of them was even stupid enough to have sold the car and pretend nothing has ever happened.

    Some solicitors have packages they send out to clients that asks the right questions and help you maintain a record of chain of events etc.

  • I would definitely not speak toi the driver directly- lawyer up, and as others have mentioned use the resources on the forum and elsewhere to bolster your case.

    I'm afraid of getting back on my bike at the moment. Its a bizarre feeling- but I feel like I've gotten lucky so many times that a big one is inevitable.
    This is irrational, but I needed to share it somewhere.

  • Damn mistertea, heal up soon!

    Echoing what the others have said, definitely get solicitors involved, and make a written account of everything that has happened. Are you a CTC member?

    I assume since you got taken to hospital, the police know about this incidence and are involved?

  • Thanks to all for your kind comments and advice, this has really put my mind at rest. The only thing that concerned me with not answering the driver is that i do not possess the drivers insurance details, I would rather not talk to them and your advice shows that its not necessary. I'm going to write it all down and lawyer up as advised.

    Eyebrows: i was the same last year after a head on with a van, i was fine but badly shaken and didnt get back on for months, costing me a fortune in travel bills and illnesses due to stress and riding the tube in winter. i got fed up and started riding again (i also got fat!) and went straight back to riding everyday, it was a little sketchy but it was like nothing changed. take your time and you'll know when youre ready! And dont think of the 'inevitable' big hit, life is too short to worry about crossing the street for fear of being hit by a bus: keep your eyes open and have fun.

    for those interested (i know i would be) take a butchers at the pre and post op xrays:

  • Damn dude. That looks mega unpleasant. But thanks for appeasing our curiosity and I hope you make a full and fast recovery.

    I agree with what the others have advised. Get a lawyer to sort it out for you. They'll know how to get you full compensation for the things that you might not have the experience to, like the stress and travel costs incurred.
    At least the driver seems to have a conscience and is doing the right thing after the collision.

    Really glad it hasn't dented your upbeat life/cycling outlook. Get better!

  • for those interested (i know i would be) take a butchers at the pre and post op xrays:

    Horey shit that clavicle was well off! >.<

  • AC (acromio-clavicular) joint disruption (Grade IV I think).
    Heal well and fast!
    Lawyer up.
    Contact any cycling organisation to which you may belong (LCC/CTC/BC etc).
    List everything you lose/spend as a result of this crash: time off work, fares on public transport and taxis, missed gigs, bike repairs, clothing replacement, repair and cleaning etc.
    Get everything done professionally, especially bike examination and repair.
    Get well soon!

  • So Mrs Magpie got knocked off her bike tonight on the way home from work.

    Private hire driver pulled out of Keppel St onto Malet St (WC1E) and clipped her rear wheel (now slightly buckled). Sent her to the floor landed on her elbow (nasty graze)

    Two good working lights hiviz reflective vest and helmet. Smidsy. He stopped and was very apologietic. There were several witnesses. One emailed her with a picture of the car and registration.

    Driver gave her his licensed private hire driver badge which she took a pic of. However she says the picture looked nothing like him.

    He offered to pay for repairs etc. She's mostly fine and cycled home. Sore side neck and elbow though. He also gave his number.

    Said he worked for Clement cars. And it was his first night on the job. Clearly just didn't look at all when pulling out. She warns to report him to his employer but a google doesn't reveal any Clement cars.

    Can you trace a driver by license plate and TFL number? She thinks it might be a bit ott to get the police involved etc. But wants him to get some training and her wheel repaired and paid for.

    Thoughts?

  • If there are doubts over whether or not he is using an authentic licence then the police should be involved.

  • Why ott to get the police involved? If nothing else, for the stats.

  • If you're injured and a property is damaged get the proper people involved.

    HTFU Mrs Magpie

  • Was in an accident last night at around 7pm. Heading southbound on A24 and had just passed Clapham South tube. A car pulled out in front of me from a side street, Cathles Street,on my left to turn towards Clapham. Going at around 15mph and yelled out 'Stop' to no avail. Collided with the driver's side, flew over the bonnet and landed in the middle of the road, taking full brunt on my shoulder. Thankfully Paramedics on the scene quickly and treated swiftly at St George's, but X Rays show it's a broken collarbone. Driver looked shocked and admitted he hadn't seen me. He did wait for the police, who got details while I was at hospital. A young witness confirmed he hadn't seen me and gave me his details on a bit of paper, but annoyingly I've lost the scrap of paper. I was in a state, so didn't get his name! Member of British Cycling so have left message to ask for advice. Shoulder very painful now and in sling - just hope I make full recovery!

  • I did the same last Tuesday but stupidly didn't follow the advice I give everyone I can which is to exchange details even if nothing seems amiss (I bounced off the bonnet and landed unharmed).

    Soon after leaving the scene I realised the front wheel was out of true and 2 days later I noticed the chainstay was cracked :( RIP bike.

  • Just been RTC'd again :(

    On way to hospital. Not happy but at least nothing seems broken.

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Forum Rider Down and/or notification of minor incidents

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