Advice - knocked off

Malari

I know there have been lots of threads on this, and the advice is to report it but I'm just wondering what to do now.

I was cycling in a bike lane when a car turned left right into me, indicating just as he turned. He stopped, was very apologetic and I got his details. I was only cut and bruised, but my boyfriend rang a guard he knows and gave him the details. I don't know if I'll hear any more if they talk to the guy.

But there was a bit of damage done to my gear/bike. And I'm thinking maybe I should go to the doctor, but I don't know if I should contact the guy and try to get him to cover the costs? In a way I just want to let it go and in other ways, why should I be out of pocket when I did nothing wrong.

Oh and there was a witness. A guy stopped and made sure I was ok. He gave me his details but obviously my hand was shaking and I got the number wrong. :rolleyes:

oflahero

Malari wrote: »

I know there have been lots of threads on this, and the advice is to report it but I'm just wondering what to do now.

I was cycling in a bike lane when a car turned left right into me, indicating just as he turned. He stopped, was very apologetic and I got his details. I was only cut and bruised, but my boyfriend rang a guard he knows and gave him the details. I don't know if I'll hear any more if they talk to the guy.

But there was a bit of damage done to my gear/bike. And I'm thinking maybe I should go to the doctor, but I don't know if I should contact the guy and try to get him to cover the costs? In a way I just want to let it go and in other ways, why should I be out of pocket when I did nothing wrong.

Oh and there was a witness. A guy stopped and made sure I was ok. He gave me his details but obviously my hand was shaking and I got the number wrong. :rolleyes:

Get in touch as quickly as possible and hopefully he will be decent enough to sort you out with you having to escalate it further. Unfortunately, the longer you leave it, the more he has to mull it over himself and talk to his family - both activities which will inevitably bring him round to the opinion that it was not actually his fault and it was in fact you who was in the wrong, after all, you appeared out of nowhere, he just didn't see you, maybe you were going too fast, you weren't wearing a hi-viz vest, blah blah blah balls.

Plus the usual advice - some injuries only become apparent a day or two after the accident and the adrenaline and shock subsides. Get checked out ASAP if you're in any way concerned.

rollingscone

Record all of the damage (photos)

Get yourself to the gp as a precaution (you can be floating on adrenaline for 72hrs).

Get back to the locus to clarify what happened in terms of road layout and signs signals.

Get accurate repair and replacement estimates at the earliest opportunity aa he'll assume an unrealistic low price if given time to.

If you do need physio etc his insurer may agree to just pay the bills.

Trying to keep him happy that you've no interest in profit is a generally useful lubricant to the whole process whether it goes to insurance or not.

If you have any questions about the process with insurance contact the IIF information service.

Malari

Thanks - I'll go to my GP tomorrow asap. I've got pictures of my hideous bruises. I'll take pics of the broken items too. I showed him part of the damage at the time.

I texted the guy today and asked him if he would cover costs. I told him I could send receipts if he wanted. He readily agreed and we swapped emails.

I know the area of the incident very well. I was only about 500m from home when it happened.

Malari

Just out of interest, what are the rules governing crossing a bike lane in this case? I assume it's the same as crossing any lane - you make sure the way is clear? If I see a car indicating left to cross the lane in front of me I'd slow down, but just wondering what the law says?

Surveyor11

Well, put it this way - a car wouldn't cut across a 40 tonne truck, the rule with cyclists is the same. Driver looks like he was in the wrong here.

Malari

Surveyor11 wrote: »

Well, put it this way - a car wouldn't cut across a 40 tonne truck, the rule with cyclists is the same. Driver looks like he was in the wrong here.

Yes, except it's more like the 40 tonne truck cutting across a car!

Surveyor11

Malari wrote: »

Yes, except it's more like the 40 tonne truck cutting across a car!

I was trying to say if you were a large truck In the left lane that a car might think twice about turning across you. I cycle out through Lucan every morning, there's about 2 or 3 spots where drivers will dart left across you, nearly been hit a few times. Taking up a more defensive position in the centre of the lane helps prevent this, driver has to slow down to allow you pass the exit, costs driver about 5 extra seconds on commute

Malari

Oh sorry, I see what you mean.

Yep, I see it a lot. There's a cycle lane most of the way on the route I commute every morning for the last 7 or 8 years and I'm well used to seeing cars cut across without warning, especially around the schools. I've never had an incident before, bar one door-opening in front of me, in all my cycling years so I'm very confident about my road position and I usually see these things before they happen.

I know about who has right of way in most situations too, but I've actually had several cars beep at me if they are trying to pull across the cycle lane and I'm in the way and just after this incident I was second-guessing myself.

rollingscone

Malari wrote: »

Just out of interest, what are the rules governing crossing a bike lane in this case? I assume it's the same as crossing any lane - you make sure the way is clear? If I see a car indicating left to cross the lane in front of me I'd slow down, but just wondering what the law says?

Generally speaking you would have right of way, as he is changing his road position the onus would be on him to ensure that it was safe to do so.

Essentially it's a case of if you're going straight, there has to be a major reason for you not to be i.e. multiple signs indicating no occupancy of the lane by your class of road user.

Since the rules of the road class you as a road user the only place where someone could really try this defence is on a motorway or a restricted access area that was liberally signed as such.

Even in these cases juries have a history of siding with the underdog so you would still have a plausible threat of litigation even if this was the case.

Your only mistake was assuming that motorists have any comprehension of the ROTR.

Malari

rollingscone wrote: »

Generally speaking you would have right of way, as he is changing his road position the onus would be on him to ensure that it was safe to do so.

Essentially it's a case of if you're going straight, there has to be a major reason for you not to be i.e. multiple signs indicating no occupancy of the lane by your class of road user.

Since the rules of the road class you as a road user the only place where someone could really try this defence is on a motorway or a restricted access area that was liberally signed as such.

Even in these cases juries have a history of siding with the underdog so you would still have a plausible threat of litigation even if this was the case.

Your only mistake was assuming that motorists have any comprehension of the ROTR.

:rolleyes: Tell me about it!

Thanks for that, I thought that was the case. I mean I'm not going to put myself at risk - if they are gonna turn anyway and think I should give way I will, if I can see what's happening. There's no point in being right when you're on the ground, but in this case I could do nothing. He literally took me around the corner with him.

MrScootch

No need to be shy about asking for your damage to be covered. Driver is very lucky to avoid dealing with the Gardai and a claim on his insurance which would send his premium sky-high next year. If you were to claim on his insurance you'd be able to claim compensation for your injuries, however minor, as well as any other costs incurred. The driver was clearly at fault so the insurance company would most likely be keen to settle a small claim like that quickly. Just something to think about anyway, I'd say you deserve a few quid for your troubles! Had the same accident myself once, the driver was less nice about it.

Malari

MrScootch, I did contact him and he immediately agreed to pay my costs. It won't amount to much but I'm going to send him receipts.

galwaycyclist

Malari wrote: »

Just out of interest, what are the rules governing crossing a bike lane in this case? I assume it's the same as crossing any lane - you make sure the way is clear? If I see a car indicating left to cross the lane in front of me I'd slow down, but just wondering what the law says?

It is not clear. In my reading of them, the Irish Traffic Regulations do not define cycle tracks as being a type of traffic lane and do not contain a specific duty to yield when crossing a cycle track. There is a parliamentary question on the issue being submitted at the moment.

rollingscone

galwaycyclist wrote: »

It is not clear. In my reading of them, the Irish Traffic Regulations do not define cycle tracks as being a type of traffic lane and do not contain a specific duty to yield when crossing a cycle track. There is a parliamentary question on the issue being submitted at the moment.

Nonetheless the tort would stand. Failure to proceed with due care and attention. He has a general duty to yield to traffic in progress and the ROTR do specify that cyclists stay to the left.

There was negligence on his behalf and it would be very hard to argue any significant mitigation on it.

Undertaking is very hard to prove and I don't think I've ever seen a yield to driver's turning left sign. If there was a marked left turn lane, then you could argue the ROTR states stay to the left. Ultimately if he's not looking out for you he's not looking out for anyone that is there more legitimately.

i.e. the old Barrister's standby of "What if a child was there?"

MrScootch

Malari wrote: »

MrScootch, I did contact him and he immediately agreed to pay my costs. It won't amount to much but I'm going to send him receipts.

Fair enough he sounds decent, just pointing out that you'd be entitled to something for your bruises too. Tbh if my guy had had a better attitude I'd have been happy with costs for the bike and a box of chocs/bottle of wine or something.

Malari

MrScootch wrote: »

Fair enough he sounds decent, just pointing out that you'd be entitled to something for your bruises too. Tbh if my guy had had a better attitude I'd have been happy with costs for the bike and a box of chocs/bottle of wine or something.

Well, I've got a doctor's receipt and antibiotics for an infected cut on my arm too, so if he covers that I'll be ok.

bloomfield

Am I right in thinking that, if someone is injured in a road accident, you're meant to call the guards out?

Dermot Illogical

bloomfield wrote: »

Am I right in thinking that, if someone is injured in a road accident, you're meant to call the guards out?

Yes. Personal injury accidents must be reported.
Also the motorist is supposed to inform their insurance at first opportunity.

Malari

Must be reported at the time? Or just reported... How do you judge if a personal injury was sustained, if it was only bruising, for example?

rollingscone

Malari wrote: »

Must be reported at the time? Or just reported... How do you judge if a personal injury was sustained, if it was only bruising, for example?

It's a nice to have. And should only really be an issue if he denies the event occurred as you say it did.

It's acceptable to not have realised you were injured at the time. I dealt with a guy years ago who called me back three hours after reporting a minor accident from the roadside to note that he was now in hospital after he sat down and couldn't get back up again.

His pelvis was broken.

Malari

rollingscone wrote: »

It's a nice to have. And should only really be an issue if he denies the event occurred as you say it did.

It's acceptable to not have realised you were injured at the time. I dealt with a guy years ago who called me back three hours after reporting a minor accident from the roadside to note that he was now in hospital after he sat down and couldn't get back up again.

His pelvis was broken.

Crikey! :eek:

Yes, I didn't know I was bruised until the lycra came off, and I didn't know I was infected until this morning.

However, the guy just rang me and we have agreed to meet up and he'll give me cash.

Thanks all for the advice, I appreciate it.