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Knocked off bike, who's fault?

  • 23-10-2013 10:39am
    #1
    Registered Users, Registered Users 2 Posts: 3,930 ✭✭✭


    Hello,

    I was cycling to work along the north quays in Dublin this morning. Around Ormond Quay I was going along, close to the footpath, and a car in front of me turned left down a side street. He didn't indicate or see me coming and I went straight into him. I ended up in a heap on the ground with a few cuts but nothing too serious. My front wheel is buckled but not sure what else what happened the bike.

    So I'm just wondering was I at fault at all? Obviously he should have indicated and looked to see what's coming but should I be coming along the inside like that, essentially under-taking the car (if it didn't turn left).


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Comments

  • Registered Users, Registered Users 2 Posts: 2,245 ✭✭✭check_six


    Look, these sort of threads usually end up with the person who is on the thread (i.e. you) getting a bit of support, and then some over the top grief. The other guy isn't here so why knock him some (mean) people reckon.

    The threadites will attempt to determine if the car overtook you before the corner, or was it always ahead of you until it turned. Should the driver have indicated earlier, or are indicators unnescessary fripperies that should be ignored whether they are lit up or not. Then there will be a few quotes from statute books, some highlighting an entire passage, some just a word or two. Then three or four people will argue the toss over these fine points for a few days while you've forgotten about the thread entirely. Also, pray to god that there is no mention of bloody 'road' tax.

    The way I see it, you got run over by a driver who should have been more careful no matter how far ahead they were of you, but that's just my opinion. Other's may say that you are, in fact, the devil, out there trying to do a good driver down.

    Also, if you were on the way to pick up tools from Capel St to open a safe you just found hidden in a house you just purchased, you should mention that right now.


  • Registered Users, Registered Users 2 Posts: 3,930 ✭✭✭budgemook


    Oh right. Sorry I don't be on the Cycling Forum very often.


  • Registered Users, Registered Users 2 Posts: 2,593 ✭✭✭circular flexing


    Driver probably should have paid more attention but you didn't do yourself any favours by cycling "close to the footpath". If I'm cycling down the Quays (which I do every day) I always make sure that I'm in the middle of the lane before any left hand turns.


  • Registered Users, Registered Users 2 Posts: 2,245 ✭✭✭check_six


    budgemook wrote: »
    Oh right. Sorry I don't be on the Cycling Forum very often.

    Apologies, I didn't mean to be so dismissive. There are a number of factors at play, did the car overtake before turning?
    Was the car ahead of you in slow traffic before turning?
    Was there a cycle track at that location?

    I have seen plenty of occasions where a car will rush an overtake before a corner and then swing across a bike's path assuming that the bike had remained static. this may have been what happened in your case.

    I would guess that the driver never checked to see if there was anything in the way before turning, but you might give us some more info about the incident.

    Did the driver stop once they had run you over? did they give you their details? Were you injured, apart from the bike damage? Were the Guards notified?

    I'd think that a reasonable human being would spring for the price of a new front wheel if they had just smushed one with their car though their own negligence.


  • Registered Users, Registered Users 2 Posts: 269 ✭✭bellinter


    Pretty much the exact same thing happened to me last January/February on the Dundrum - Milltown road. The driver immediately accepted responsibility and was happy to provide his personal details to me and he also picked up the bill for the bike repairs, relatively hassle-free.

    In my opinion there is no doubting who is at fault. The driver wasn't paying necessary care of his surroundings. Could I have done more to prevent it? Maybe, but if he had being paying proper attention I wouldnt have had to.


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  • Registered Users, Registered Users 2 Posts: 3,930 ✭✭✭budgemook


    check_six wrote: »
    Apologies, I didn't mean to be so dismissive. There are a number of factors at play, did the car overtake before turning?
    Was the car ahead of you in slow traffic before turning?
    Was there a cycle track at that location?

    I have seen plenty of occasions where a car will rush an overtake before a corner and then swing across a bike's path assuming that the bike had remained static. this may have been what happened in your case.

    I would guess that the driver never checked to see if there was anything in the way before turning, but you might give us some more info about the incident.

    Did the driver stop once they had run you over? did they give you their details? Were you injured, apart from the bike damage? Were the Guards notified?

    I'd think that a reasonable human being would spring for the price of a new front wheel if they had just smushed one with their car though their own negligence.

    I don't really know if he overtook me first. Also, close to the footpath might be a bit inaccurate, i was cycling along in the left hand lane as normal. There weren't any cars in front of the other car I don't think but like I say I can't be sure, happened pretty fast. There's no cycle track on that part of the quays.

    The driver got out of the car and asked was I okay. A lot of other people came over too as it was a bad enough fall. The driver got back int he car pretty quickly then and drove off. Someone gave me his licence plate number but I'm not sure I'll bother taking it further. It would be a civil matter which I doubt i'd pursue over a buckled wheel.


  • Registered Users, Registered Users 2 Posts: 299 ✭✭c50


    budgemook wrote: »
    I don't really know if he overtook me first. Also, close to the footpath might be a bit inaccurate, i was cycling along in the left hand lane as normal. There weren't any cars in front of the other car I don't think but like I say I can't be sure, happened pretty fast. There's no cycle track on that part of the quays.

    The driver got out of the car and asked was I okay. A lot of other people came over too as it was a bad enough fall. The driver got back int he car pretty quickly then and drove off. Someone gave me his licence plate number but I'm not sure I'll bother taking it further. It would be a civil matter which I doubt i'd pursue over a buckled wheel.


    the fact that he drove off very quickly would lead me to be quite spiteful, especially in my mind that the driver was in the wrong by a fair shot. just in a matter of pursuing and get him for cost of buckled wheel, not legal action. he should have checked his rear 2+ times and had an indicator on with plenty of reaction time. especially if no cycle path, i was always lead to believe the left hand side is where you should state unless its unsafe to do so?


  • Registered Users, Registered Users 2 Posts: 269 ✭✭bellinter


    Buckled wheel might be all you think it is... could be plenty of more damage done. Plus, what about the cuts on your face... what if they dont heal? Or get infected? You're looking at some costly medical/plastic surgery bills then while Johnny Driver is walking around with a smug grin on his face.

    Seriously though, definitely you should report it. Drop into the garda station and get it written down.


  • Registered Users, Registered Users 2 Posts: 3,131 ✭✭✭Dermot Illogical


    budgemook wrote: »
    The driver got back int he car pretty quickly then and drove off. Someone gave me his licence plate number but I'm not sure I'll bother taking it further. It would be a civil matter which I doubt i'd pursue over a buckled wheel.

    Hit & run.
    http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0106.html

    You really should report it. He's damaged your property, been careless about whether you got hurt and is now running off to leave you with the bill for it.


  • Registered Users, Registered Users 2 Posts: 2,245 ✭✭✭check_six


    Woah there! He checked to see if you were still breathing, and then took off? My hope that they were a reasonable human being has gone out the window.

    Go directly to Garda station and see if they can help you find him. Did you take any details of one of the witnesses? Could be helpful. You're kind of lucky you are only looking to get your wheel fixed, but I would be unwilling to let someone who took off at the earliest opportunity away with even that. You should bear in mind that even if the driver did lash on his indicator, he should still avoid swinging into your path.


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  • Registered Users, Registered Users 2 Posts: 743 ✭✭✭LeftBase


    This seems to be an all too common occurrence in Dublin. To be honest there is blame in all directions in many cases. The driver, cyclist and authorities.
    I have been living in London the last year or so and I noticed while driving that cyclists here take their cycling an awful lot more seriously and are policed more than they are in Dublin. 99% of cyclists here will have some sort of illumination, be it a bright top or light and it makes it a lot easier to spot them. Also if a cyclist is out in his All Blacks kit the traffic police will be quick enough to have a word with him and issue him a warning. The biggest difference was the cyclists here(again 99%) stopping at the lights!! I almost fell out of my standing(well I was in the car but you get the idea) when I saw it!

    In Dublin you see these comedians all too often cycling all over the road swaying left and right with not a light or piece of bright clothing to show them up at night and sure when they come across a red light what of it? "red lights are only for cars". When I was home in the summer I saw some spanner on a bike sail straight through a junction on a red light and the crossing traffic who had a green had to slam on to avoid smashing in to him. Had he been hit I'm afraid he would have gotten no sympathy from me and I would have no problem chalking it up to Darwinism. If a car was to do that there would be Garda cars called and handcuffs flying about. In many cases where cyclists cause accidents they hide behind the fact they have no insurance and the motorist is blamed regardless of the circumstances so that the finances can be settled quickly.

    The issue that I think causes all the hassle however is the total lack of cycling infrastructure around the city. The City Council start up this bike scheme and unleash the potential of a load of totally clueless idiots on bikes with no notion of how the road works or what they need/have to do etc. You see these people cluelessly floating around the city without a signal or thought for the traffic around them. The Council then don't put in proper cycle lanes so the bikes have to cycle on the road with the cars and that is a recipe for disaster no doubt. I have Dutch cousins and the idea of cars and bikes in the same lanes in a city was a joke to them!

    To really cut down on the number of bumps, scrapes or worse I think the Council need to invest in proper cycling infrastructure and the Guards need to enforce traffic laws and proper attire for cyclists. If a bike breaks the lights it should be treated the same as a car doing it and the punishment should be the same.


  • Registered Users, Registered Users 2 Posts: 2,593 ✭✭✭circular flexing


    LeftBase wrote: »
    This seems to be an all too common occurrence in Dublin. To be honest there is blame in all directions in many cases. The driver, cyclist and authorities.
    I have been living in London the last year or so and I noticed while driving that cyclists here take their cycling an awful lot more seriously and are policed more than they are in Dublin. 99% of cyclists here will have some sort of illumination, be it a bright top or light and it makes it a lot easier to spot them. Also if a cyclist is out in his All Blacks kit the traffic police will be quick enough to have a word with him and issue him a warning. The biggest difference was the cyclists here(again 99%) stopping at the lights!! I almost fell out of my standing(well I was in the car but you get the idea) when I saw it!

    In Dublin you see these comedians all too often cycling all over the road swaying left and right with not a light or piece of bright clothing to show them up at night and sure when they come across a red light what of it? "red lights are only for cars". When I was home in the summer I saw some spanner on a bike sail straight through a junction on a red light and the crossing traffic who had a green had to slam on to avoid smashing in to him. Had he been hit I'm afraid he would have gotten no sympathy from me and I would have no problem chalking it up to Darwinism. If a car was to do that there would be Garda cars called and handcuffs flying about. In many cases where cyclists cause accidents they hide behind the fact they have no insurance and the motorist is blamed regardless of the circumstances so that the finances can be settled quickly.

    The issue that I think causes all the hassle however is the total lack of cycling infrastructure around the city. The City Council start up this bike scheme and unleash the potential of a load of totally clueless idiots on bikes with no notion of how the road works or what they need/have to do etc. You see these people cluelessly floating around the city without a signal or thought for the traffic around them. The Council then don't put in proper cycle lanes so the bikes have to cycle on the road with the cars and that is a recipe for disaster no doubt. I have Dutch cousins and the idea of cars and bikes in the same lanes in a city was a joke to them!

    To really cut down on the number of bumps, scrapes or worse I think the Council need to invest in proper cycling infrastructure and the Guards need to enforce traffic laws and proper attire for cyclists. If a bike breaks the lights it should be treated the same as a car doing it and the punishment should be the same.

    Nice rant, but what relevance does this have to the OP?


  • Registered Users, Registered Users 2 Posts: 2,245 ✭✭✭check_six


    LeftBase wrote: »
    This seems to be an all too common occurrence in Dublin. To be honest there is blame in all directions in many cases. The driver, cyclist and authorities...

    ...In many cases where cyclists cause accidents they hide behind the fact they have no insurance and the motorist is blamed regardless of the circumstances so that the finances can be settled quickly.

    You see OP, I told you this thread would bring all sorts out of the woodwork. Fear my dread warnings!


  • Registered Users, Registered Users 2 Posts: 743 ✭✭✭LeftBase


    Nice rant, but what relevance does this have to the OP?

    This sort of thing happens all the time. Most road safety campaigns are aimed a certain way while unsafe policies lead to these sort of mishaps. I was highlighting who is at fault for these sort of things. It's totally relevant.


  • Registered Users, Registered Users 2 Posts: 1,668 ✭✭✭Corkbah


    if he hit and ran - I'd go straight to the gardai and make a statement ..... that sort of behaviour is disgraceful !!


  • Registered Users, Registered Users 2 Posts: 2,593 ✭✭✭circular flexing


    LeftBase wrote: »
    This sort of thing happens all the time. Most road safety campaigns are aimed a certain way while unsafe policies lead to these sort of mishaps. I was highlighting who is at fault for these sort of things. It's totally relevant.

    So which policy exactly leads to drivers left-hooking cyclists?


  • Registered Users, Registered Users 2 Posts: 3,689 ✭✭✭mondeo


    Get down to the Garda station and report it! Your bike needs to be fixed and you got minor injuries. I can't believe you didn't report it. Don't think about it just do it.


  • Registered Users, Registered Users 2 Posts: 17,371 ✭✭✭✭Zillah


    If he didn't indicate then it's his fault, regardless of anything else. Depending on road positioning, even if he did indicate, he might have been on top of you when he turned and it would still be his fault. Basically, unless he indicated in time, had plenty of room, and you accelerated to catch up with him as he was turning, this was his fault.

    I had the same happen to me, but I managed to slam on my brakes in time. His window was open, thank God, so I got to call him an asshole :D


  • Registered Users, Registered Users 2 Posts: 743 ✭✭✭LeftBase


    So which policy exactly leads to drivers left-hooking cyclists?

    Well there is a myopic statement if I ever saw one. If you want to have a cycling infrastructure then have one that is safe and keeps cyclists away from cars. It should be much the same as the pedestrian system. We have it in some places in the city such as the end of Lower Mount street IIRC. There is a cycle lane with lights and the cyclists have to stop at the left turn so that they are not hit by cars turning. The cycle path is in off the road so you would have to want to hit a cyclist to actually do it.

    Another problem is the lack of any compulsory training for cyclists so in many cases they do not recognise danger or get in to dangerous positions that a driver no matter how careless would recognise or steer clear of.


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    LeftBase wrote: »
    proper attire for cyclists
    Once the OP's not cycling around in their birthday suit, they're fine.


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  • Registered Users, Registered Users 2 Posts: 5,162 ✭✭✭Rubberchikken


    i think all road users have to be vigiliant. there has to be responsibility on everyone, some a little more than others.
    cyclists are vulnerable but a lot of them have this sail-close-to-the-wind attitude tghat doesn't help thier case.

    follow up reg no if you wish op. driver should have stayed put, not just disappeared after checking you were ok. at least an offer to repair bike should have been discussed.


  • Registered Users, Registered Users 2 Posts: 1,510 ✭✭✭Gerry T


    If you report it the Guards can check with local businesses, a lot will have street cameras and they can look at the recording to see if they can get the car. No matter who is in the wrong he should have stopped and got out to make sure you were ok, he's a bit of a winker to just drive off. Get the wheel replaced and any thorn clothes would seem to be fair.

    Just read more of the thread and saw this post from the OP:
    The driver got out of the car and asked was I okay. A lot of other people came over too as it was a bad enough fall. The driver got back int he car pretty quickly then and drove off. Someone gave me his licence plate number but I'm not sure I'll bother taking it further.

    Did you say you were ok and give the impression that was the end of the matter ? If so while I think the driver was in the wrong he did check before leaving.


  • Moderators, Science, Health & Environment Moderators Posts: 11,669 Mod ✭✭✭✭RobFowl


    budgemook wrote: »
    Hello,

    I was cycling to work along the north quays in Dublin this morning. Around Ormond Quay I was going along, close to the footpath, and a car in front of me turned left down a side street. He didn't indicate or see me coming and I went straight into him. I ended up in a heap on the ground with a few cuts but nothing too serious. My front wheel is buckled but not sure what else what happened the bike.

    So I'm just wondering was I at fault at all? Obviously he should have indicated and looked to see what's coming but should I be coming along the inside like that, essentially under-taking the car (if it didn't turn left).

    It was obviously Pat McQuaids' fault


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    I'd definitely report it as he's technically left the scene of an accident.


  • Registered Users, Registered Users 2 Posts: 1,343 ✭✭✭beazee


    Each time I see this AirZound comes to mind:


  • Registered Users, Registered Users 2 Posts: 743 ✭✭✭LeftBase


    No Pants wrote: »
    Once the OP's not cycling around in their birthday suit, they're fine.

    Not in a lot of other countries. As I said it's rare in UK metropolitan areas to see a cyclist dressed all in black at night as you see an awful lot here


  • Closed Accounts Posts: 857 ✭✭✭rozeboosje


    You were cycling straight on and he was turning, right? Case closed. His fault.


  • Registered Users, Registered Users 2 Posts: 2,058 ✭✭✭AltAccount


    LeftBase wrote: »
    Not in a lot of other countries. As I said it's rare in UK metropolitan areas to see a cyclist dressed all in black at night as you see an awful lot here

    Again, this applies to this left hook, then Hit and run, how?


  • Registered Users, Registered Users 2 Posts: 3,930 ✭✭✭budgemook


    Gerry T wrote: »
    If you report it the Guards can check with local businesses, a lot will have street cameras and they can look at the recording to see if they can get the car. No matter who is in the wrong he should have stopped and got out to make sure you were ok, he's a bit of a winker to just drive off. Get the wheel replaced and any thorn clothes would seem to be fair.

    Just read more of the thread and saw this post from the OP:
    The driver got out of the car and asked was I okay. A lot of other people came over too as it was a bad enough fall. The driver got back int he car pretty quickly then and drove off. Someone gave me his licence plate number but I'm not sure I'll bother taking it further.

    Did you say you were ok and give the impression that was the end of the matter ? If so while I think the driver was in the wrong he did check before leaving.
    I was on the ground and lots of people were asking "are you okay? are you okay?" as in checking if I was conscious. Once I stood up he was gone. So yes, he did stop and check but didn't stay long. I actually thought he was just moving his car out of the way of traffic but he was leaving.
    rozeboosje wrote: »
    You were cycling straight on and he was turning, right? Case closed. His fault.
    That's the long and short of it.


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  • Registered Users, Registered Users 2 Posts: 3,308 ✭✭✭quozl


    budgemook wrote: »
    I was on the ground and lots of people were asking "are you okay? are you okay?" as in checking if I was conscious. Once I stood up he was gone. So yes, he did stop and check but didn't stay long. I actually thought he was just moving his car out of the way of traffic but he was leaving.

    That's the long and short of it.
    You really should report it as a hit & run then. It might discourage him from doing it again in a case where the victim isn't lucky enough to have been given the license plate number by a passerby.


  • Closed Accounts Posts: 857 ✭✭✭rozeboosje


    Then he's at fault. You and he were on the same road. You were continuing on on the same road, he was turning off. Under all circumstances, even if you were a pedestrian, that gives you right of way. End of. If he then proceeds to knock you off your bike, it's his fault, and there's no debate. It's like rear-ending someone; it's your responsibility to keep sufficient distance to stop in time when the unexpected happens. If you rear-end someone there is almost no possible circumstance in which that would be anything other than your fault. Same here. If you turn off a road, you MUST give way to anything or anyone who is traveling on and continuing on that road.


  • Closed Accounts Posts: 857 ✭✭✭rozeboosje


    Sorry - I hope I didn't confuse you by switching from "he" to "you" halfway through that statement. The "you" turning off the road corresponds with the driver of the car in your incident. "My bad".


  • Registered Users, Registered Users 2 Posts: 110 ✭✭thomas98798


    Quick q did you ask him for his details before he left. If you didn't I'm guessing it would be hard to report this as a hit and run. Not really his fault that you didn't ask for his details.


  • Registered Users, Registered Users 2 Posts: 257 ✭✭dited


    Quick q did you ask him for his details before he left. If you didn't I'm guessing it would be hard to report this as a hit and run. Not really his fault that you didn't ask for his details.

    Would you apply the same logic to a pedestrian knocked down by a car that fails to stop?


  • Registered Users, Registered Users 2 Posts: 110 ✭✭thomas98798


    dited wrote: »
    Would you apply the same logic to a pedestrian knocked down by a car that fails to stop?

    If the pedestrian was unconscious, and unable to do anything then no.

    I would like to know more about what happened between the incident and the driver leaving the scene. Do you think it is possible that the driver thought you were ok, and there was no longer any reason for him to stay there se he left the scene.


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  • Registered Users, Registered Users 2 Posts: 3,131 ✭✭✭Dermot Illogical


    Quick q did you ask him for his details before he left. If you didn't I'm guessing it would be hard to report this as a hit and run. Not really his fault that you didn't ask for his details.

    S.106 RTA 1961 (posted above). The driver is obliged to give name, address and insurance details to any other party he/she is involved in a collision with. If you check subsection (b) you'll see that there is an obligation to remain at the scene for a reasonable time.


  • Registered Users, Registered Users 2 Posts: 257 ✭✭dited


    I would like to know more about what happened between the incident and the driver leaving the scene. Do you think it is possible that the driver thought you were ok, and there was no longer any reason for him to stay there se he left the scene.

    The only way of finding that out for sure is to ask the driver. The only way of asking the driver is through the gardaí. Ergo, the OP should contact the gardaí and let them do what they think is necessary.


  • Registered Users, Registered Users 2 Posts: 3,131 ✭✭✭Dermot Illogical


    Do you think it is possible that the driver thought you were ok, and there was no longer any reason for him to stay there se he left the scene.

    Perhaps he thought the wheel would repair itself as well?


  • Registered Users, Registered Users 2 Posts: 110 ✭✭thomas98798


    S.106 RTA 1961 (posted above). The driver is obliged to give name, address and insurance details to any other party he/she is involved in a collision with. If you check subsection (b) you'll see that there is an obligation to remain at the scene for a reasonable time.

    Exactly DI, reasonable time maybe he did stay there for a reasonable time. He certainly stayed at the scene long enough to be id by witness and also to get his number plate info. Would be ideal if the OP could come back to us with some more detail.


  • Registered Users, Registered Users 2 Posts: 110 ✭✭thomas98798


    Perhaps he thought the wheel would repair itself as well?

    Doubt that


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  • Registered Users, Registered Users 2 Posts: 3,930 ✭✭✭budgemook


    Quick q did you ask him for his details before he left. If you didn't I'm guessing it would be hard to report this as a hit and run. Not really his fault that you didn't ask for his details.
    I didn't ask. Like I said, when he got back in the car I assumed he was pulling it in off the road. I was still fairly shook up at this stage (30 seconds later)
    If the pedestrian was unconscious, and unable to do anything then no.

    I would like to know more about what happened between the incident and the driver leaving the scene. Do you think it is possible that the driver thought you were ok, and there was no longer any reason for him to stay there se he left the scene.
    Yes I think the driver thought I was fine and could see there were other people making sure I was okay so decided to leave. If I was lying injured on the ground I'd be fairly certain he'd have stayed.


  • Moderators, Motoring & Transport Moderators Posts: 14,097 Mod ✭✭✭✭monument


    budgemook wrote: »
    I didn't ask. Like I said, when he got back in the car I assumed he was pulling it in off the road. I was still fairly shook up at this stage (30 seconds later)

    Yes I think the driver thought I was fine and could see there were other people making sure I was okay so decided to leave. If I was lying injured on the ground I'd be fairly certain he'd have stayed.

    OP - forget what thomas98798, he's wrong, the driver was in the wrong for leaving. You should report the incident ASAP to the local Garda station nearest the street you were on.

    You will be asked why you did not report it this morning and the clear answer seem to be that you did not know that the driving leaving was against the law.


  • Registered Users, Registered Users 2 Posts: 110 ✭✭thomas98798


    monument wrote: »
    OP - forget what thomas98798, he's wrong, the driver was in the wrong for leaving. .

    What have I said that is wrong. ?..

    OP Im going to give you some sound advice here,

    You seem like a guy who is very level headed, so keep that attitude up. A hit and run this is a serious offence that would carry a custodial sentence if action were to be taken by the Gardai, if you report it as such. Firstly I don't belive this was a hit and run, just ignorance on the part of the driver.
    Go to the Gardai, tell them the story just as you have explained it here. Explain how you didn't get the drivers details, and you would like to report that an incident occurred. The Gardai may take a statement from you, and if they believe it was a hit and run they'll investigate it accordingly.


  • Registered Users, Registered Users 2 Posts: 3,930 ✭✭✭budgemook


    Thanks everyone for the replies. I got my answer - general consensus is that it was mostly the fault of the driver. He should have really left me his details this morning, in case anything happened after such as injury or damage to my bike, but didn't.

    I'll certainly be taking even more care on the bloody quays and hopefully the driver will be more careful and cyclist aware. Happy to be at home and not in hospital or worse. Happy my legs weren't hurt in the lead up to this big run around Dublin on Monday. Things certainly could have been worse.

    Be careful out there!


  • Moderators, Motoring & Transport Moderators Posts: 14,097 Mod ✭✭✭✭monument


    budgemook wrote: »
    Thanks everyone for the replies. I got my answer - general consensus is that it was mostly the fault of the driver. He should have really left me his details this morning, in case anything happened after such as injury or damage to my bike, but didn't.

    I'll certainly be taking even more care on the bloody quays and hopefully the driver will be more careful and cyclist aware. Happy to be at home and not in hospital or worse. Happy my legs weren't hurt in the lead up to this big run around Dublin on Monday. Things certainly could have been worse.

    Be careful out there!

    Please do report the driver -- if it isn't reported the driver is likely to repeat the mistake sooner or later and the next cyclist might not be so lucky.

    If you want, you can indicate to the gardai that you just want the driver warned to prevent it from happening again.

    What have I said that is wrong. ?..

    Err... Let's just look at your last post:
    that would carry a custodial sentence if action were to be taken by the Gardai if you report it as such.

    This is not true. It is not predetermined that it would even result in a caution for the driver, never mind go to court, and never mind that even if it did go to court it's not predetermined such a sentence would be handed.

    Firstly I don't belive this was a hit and run, just ignorance on the part of the driver.

    Ignorance does not excuse the driver, nor does it determine what offence has been committed.

    I know you see it all so differently, so, if you want to dispute any of the above, fine. I'll agree to disagree.


  • Registered Users, Registered Users 2 Posts: 110 ✭✭thomas98798


    monument wrote: »
    Please do report the driver -- if it isn't reported the driver is likely to repeat the mistake sooner or later and the next cyclist might not be so lucky.

    If you want, you can indicate to the gardai that you just want the driver warned to prevent it from happening again.




    Err... Let's just look at your last post:



    This is not true. It is not predetermined that it would even result in a caution for the driver, never mind go to court, and never mind that even if it did go to court it's not predetermined such a sentence would be handed.




    Ignorance does not excuse the driver, nor does it determine what offence has been committed.

    I know you see it all so differently, so, if you want to dispute any of the above, fine. I'll agree to disagree.

    Read my post mate, I advised him to go to the Gardai and report it.... Allot of what you have said above isn't true.
    Best the op seeks professional advice for clarification to any thing either of us has said,


  • Registered Users, Registered Users 2 Posts: 13,764 ✭✭✭✭Inquitus


    LeftBase wrote: »
    This seems to be an all too common occurrence in Dublin. To be honest there is blame in all directions in many cases. The driver, cyclist and authorities.
    I have been living in London the last year or so and I noticed while driving that cyclists here take their cycling an awful lot more seriously and are policed more than they are in Dublin. 99% of cyclists here will have some sort of illumination, be it a bright top or light and it makes it a lot easier to spot them. Also if a cyclist is out in his All Blacks kit the traffic police will be quick enough to have a word with him and issue him a warning. The biggest difference was the cyclists here(again 99%) stopping at the lights!! I almost fell out of my standing(well I was in the car but you get the idea) when I saw it!

    In Dublin you see these comedians all too often cycling all over the road swaying left and right with not a light or piece of bright clothing to show them up at night and sure when they come across a red light what of it? "red lights are only for cars". When I was home in the summer I saw some spanner on a bike sail straight through a junction on a red light and the crossing traffic who had a green had to slam on to avoid smashing in to him. Had he been hit I'm afraid he would have gotten no sympathy from me and I would have no problem chalking it up to Darwinism. If a car was to do that there would be Garda cars called and handcuffs flying about. In many cases where cyclists cause accidents they hide behind the fact they have no insurance and the motorist is blamed regardless of the circumstances so that the finances can be settled quickly.

    The issue that I think causes all the hassle however is the total lack of cycling infrastructure around the city. The City Council start up this bike scheme and unleash the potential of a load of totally clueless idiots on bikes with no notion of how the road works or what they need/have to do etc. You see these people cluelessly floating around the city without a signal or thought for the traffic around them. The Council then don't put in proper cycle lanes so the bikes have to cycle on the road with the cars and that is a recipe for disaster no doubt. I have Dutch cousins and the idea of cars and bikes in the same lanes in a city was a joke to them!

    To really cut down on the number of bumps, scrapes or worse I think the Council need to invest in proper cycling infrastructure and the Guards need to enforce traffic laws and proper attire for cyclists. If a bike breaks the lights it should be treated the same as a car doing it and the punishment should be the same.

    LOL cyclists in london make us over here look like saints, take it you don't go into the city much....


  • Closed Accounts Posts: 857 ✭✭✭rozeboosje


    Leftbase is bringing all sorts of irrelevant nonsense into the discussion. I grew up in the Netherlands and if you think cycling is taken seriously in London, try your luck in an average Dutch town or village.

    Yes, cyclists often behave as if they think half the rules of the road don't apply to them. So do pedestrians. I guess it comes down to the fact that being light and nimble on your wheels c.q. feet will allow you to "get away" with some things that a driver of a large mechanical contraption wouldn't.

    But none of that is relevant to this question. In this scenario both the driver and the cyclist were on the same road. The cyclist was continuing on that road, the motorist was turning off. In that case the cyclist has right of way, and even if the cyclist was in a daydream, completely oblivious to what was happening around him, if the motorist then turns off the road and knocks the cyclist off his bike, the motorist is 100% responsible for the incident.


  • Banned (with Prison Access) Posts: 2,912 ✭✭✭galwaycyclist


    rozeboosje wrote: »
    But none of that is relevant to this question. In this scenario both the driver and the cyclist were on the same road. The cyclist was continuing on that road, the motorist was turning off. In that case the cyclist has right of way, and even if the cyclist was in a daydream, completely oblivious to what was happening around him, if the motorist then turns off the road and knocks the cyclist off his bike, the motorist is 100% responsible for the incident.

    You seem very sure of your grasp of Irish traffic law. Can you provide us with the legal basis for this statement?


  • Closed Accounts Posts: 857 ✭✭✭rozeboosje


    Can you provide us with the legal basis for this statement?

    I'm afraid my Google-Fu is not up to that standard, Sensei. Grasshopper is ashamed.


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