Post Crash Advice

bob b

I am looking for a bit of advice on what to do after a bike v taxi crash I had yesterday.

I was on my way home yesterday evening when I had a crash on North Strand Road. I was in the bus lane when a taxi suddenly stopped in front of me and I couldn't stop in time and went into the back of him. I was not sure what happened and was quite stunned and shocked. I felt a pain in my neck so didn't move much and someone phoned an ambulance. I was carted off to A&E and spent a few hours in a neck brace staring at the ceiling. Fortunately nothing was broken and I am only sore all over and have chipped two teeth.

The guards came to speak to me in hospital and the taxi driver's account is that there was a cyclist in front of him who fell off so he braked sharply and I went into him. He thinks the cyclist was drunk but didn't stop. I got the impression that the guards thought it was my fault, but have yet to speak to them properly. On other threads on this subject the driver was clearly at fault, but in my situation it isn't so clear cut. What do I do now?

I have to give a statement to the guards and will get my local bike shop to look at the forks/frame of my bike (looks like the headset is cracked but that appears to be it). I suspect that I won't be able to go down the insurance/injury board route due to the liability issue - would that be correct? Do I just chalk it up to experience, pay the bills and move on?

Thanks for any advice.

Eamonnator

If you hit something from behind, it's usually your fault.
You should always travel at a speed, that you can stop safely, if an incident like this occurs. You are expected to take road and traffic conditions into consideration.
Sorry for sounding harsh.
I cannot see, how the taxi driver could be held liable.
I hope, you recover quickly.

Paul Kiernan

Eamonnator wrote: »

I cannot see, how the taxi driver could be held liable.

There are a number of reasons why the taxi driver could be at fault:
1. If he'd just passed you shortly before you hit him.
2. If he braked deliberately in order to cause a crash. Had there been any sort of altercation?

Dermot Illogical

I had one a couple of years ago at North Strand, also a taxi. In my case he spotted a potential fare to my left and pulled straight across my path before throwing out the anchor. He was very much in the wrong.
It is possible to hit the rear of another vehicle and the other driver be wrong.

TonyStark

bob b wrote: »

I am looking for a bit of advice on what to do after a bike v taxi crash I had yesterday.

I was on my way home yesterday evening when I had a crash on North Strand Road. I was in the bus lane when a taxi suddenly stopped in front of me and I couldn't stop in time and went into the back of him. I was not sure what happened and was quite stunned and shocked. I felt a pain in my neck so didn't move much and someone phoned an ambulance. I was carted off to A&E and spent a few hours in a neck brace staring at the ceiling. Fortunately nothing was broken and I am only sore all over and have chipped two teeth.

The guards came to speak to me in hospital and the taxi driver's account is that there was a cyclist in front of him who fell off so he braked sharply and I went into him. He thinks the cyclist was drunk but didn't stop. I got the impression that the guards thought it was my fault, but have yet to speak to them properly. On other threads on this subject the driver was clearly at fault, but in my situation it isn't so clear cut. What do I do now?

I have to give a statement to the guards and will get my local bike shop to look at the forks/frame of my bike (looks like the headset is cracked but that appears to be it). I suspect that I won't be able to go down the insurance/injury board route due to the liability issue - would that be correct? Do I just chalk it up to experience, pay the bills and move on?

Thanks for any advice.

From my reading of the above the taxi driver left the scene of an accident?

Generally its your fault if you run into the back of something. Presumably the taxis licence, tax and insurance etc checks out and he was legitimately in the lane.

The Gardai are not judge and jury in this land no matter what they think themselves. All they can offer is an opinion based. They are not supposed to attribute fault at the scene of an accident.

In terms of the statement. Give a factual ans honest account of the incident and anything that may have led up to it. As another poster said was there an altercation with the taxi driver previous to the crash?

Eamonnator

Paul Kiernan wrote: »

There are a number of reasons why the taxi driver could be at fault:
1. If he'd just passed you shortly before you hit him.
2. If he braked deliberately in order to cause a crash. Had there been any sort of altercation?

There is nothing in the OP, to suggest that either of those things occurred.

the.red.baron

Eamonnator wrote: »

There is nothing in the OP, to suggest that either of those things occurred.

Spot on man. If you hit someone from behind it's usually your fault is correct.

Eamonnator

TonyStark wrote: »

From my reading of the above the taxi driver left the scene of an accident?

Generally its your fault if you run into the back of something. Presumably the taxis licence, tax and insurance etc checks out and he was legitimately in the lane.

The Gardai are not judge and jury in this land no matter what they think themselves. All they can offer is an opinion based. They are not supposed to attribute fault at the scene of an accident.

In terms of the statement. Give a factual ans honest account of the incident and anything that may have led up to it. As another poster said was there an altercation with the taxi driver previous to the crash?

From my reading, it was the cyclist in front of the taxi, who left the scene. I could be wrong.
The OP never suggested, that the Gardai were being judge and jury. He said, that he got the impression, that the Gardai thought, that he was at fault.

bob b

Eamonnator wrote: »

From my reading, it was the cyclist in front of the taxi, who left the scene. I could be wrong.
The OP never suggested, that the Gardai were being judge and jury. He said, that he got the impression, that the Gardai thought, that he was at fault.

Correct, it was the cyclist that left the scene. My feeling is that it was a simple accident, but if blame has to be apportioned then it might be me. Not sure the guards would press a criminal case but may the taxi driver sue?

Cheers

TonyStark

bob b wrote: »

Correct, it was the cyclist that left the scene. My feeling is that it was a simple accident, but if blame has to be apportioned then it might be me. Not sure the guards would press a criminal case but may the taxi driver sue?

Cheers

He would have recourse to go after the cost of repairing his car, lost earnings while the car is laid up through his insurance. Who would ultimately go after you.

Eamonnator

bob b wrote: »

Correct, it was the cyclist that left the scene. My feeling is that it was a simple accident, but if blame has to be apportioned then it might be me. Not sure the guards would press a criminal case but may the taxi driver sue?

Cheers

If there is damage caused to the taxi, then he could claim.
From your post, it appears to me, that no blame at all attaches to the taxi driver.
A cyclist falls, the taxi brakes in time to avoid hitting the cyclist, you then fail to stop in time and rear end the taxi. Even if the accident was caused by the first cyclist, you should have been able to stop in time.

Sorry Tony. My typing is very slow.

bob b

TonyStark wrote: »

He would have recourse to go after the cost of repairing his car, lost earnings while the car is laid up through his insurance. Who would ultimately go after you.

This sounds very expensive - I'm screwed aren't I.

kennM

bob b wrote: »

This sounds very expensive - I'm screwed aren't I.

Sounds like you're in the wrong, surprised nobody has also mentioned the fact that bikes shouldn't be in the bus lane... sorry but looks like scratch this one down to experience.

Sympathies go out...

BTW - Please don't flame about bikes in bus lanes, I was a biker myself so I'm well aware of the dangers on the roads etc.

enda1

kennM wrote: »

Sounds like you're in the wrong, surprised nobody has also mentioned the fact that bikes shouldn't be in the bus lane... sorry but looks like scratch this one down to experience.

Sympathies go out...

BTW - Please don't flame about bikes in bus lanes, I was a biker myself so I'm well aware of the dangers on the roads etc.

Bikes are allowed in bus lanes.

Zyzz

kennM wrote: »

Sounds like you're in the wrong, surprised nobody has also mentioned the fact that bikes shouldn't be in the bus lane... sorry but looks like scratch this one down to experience.

Sympathies go out...

BTW - Please don't flame about bikes in bus lanes, I was a biker myself so I'm well aware of the dangers on the roads etc.

Absolute nonsense.

Beasty

kennM wrote: »

Sounds like you're in the wrong, surprised nobody has also mentioned the fact that bikes shouldn't be in the bus lane... sorry but looks like scratch this one down to experience.

Sympathies go out...

BTW - Please don't flame about bikes in bus lanes, I was a biker myself so I'm well aware of the dangers on the roads etc.

This is the cycling forum, not the motorcycling forum;) - bicycles are of course permitted in the vast majority of bus lanes

Eamonnator

bob b wrote: »

This sounds very expensive - I'm screwed aren't I.

Did you do any damage to the taxi?.
If there's no damage, no claim.

Do your best to ignore kennM.

kennM

enda1 wrote: »

Bikes are allowed in bus lanes.

Apologies, when I said bikes I meant motorbikes with regards to OP who had accident. Not the bicycle that allegedly fell infront of taxi.

Zyzz wrote: »

Absolute nonsense.

Response above probably deals with this reply?

http://www.drivingschoolireland.com/bus-cycle-lanes-luas.html

Zyzz

kennM wrote: »

Apologies, when I said bikes I meant motorbikes with regards to OP who had accident. Not the bicycle that allegedly fell infront of taxi.



Response above probably deals with this reply?

http://www.drivingschoolireland.com/bus-cycle-lanes-luas.html

We call bicycles 'bikes' around here.

Beasty

To avoid further confusion, we are talking a bicycle running into the back of a taxi in a bus lane here - I'm pretty sure that all bus lanes that taxis can use can also be used by bicycles (unless there are bus lanes on motorways that also permit taxis, and I can't think of such a situation in Ireland)

bob b

Eamonnator wrote: »

Did you do any damage to the taxi?.
If there's no damage, no claim.

Do your best to ignore kennM.

I didn't see any damage, but the guards inspected it and there was a bit of a dent. I should have asked more but was taped to the bed at the time. I am speaking to them again next week so I guess I'll see what happens then. This is a bit more stressful than I thought it would be.

I ache in places I didn't know I had!

cdaly_

bob b wrote: »

This sounds very expensive - I'm screwed aren't I.

If you have a household insurance policy, it should cover third party liability for your actions so you may not be entirely screwed. If you are entirely without insurance, you could hopefully negotiate a minimal cost repair with the taxi owner.

dreamerb

I agree that your account makes it sound like the taxi driver is probably not liable for the accident, assuming he was doing an emergency stop as suggested. It's very hard on you OP, and a literally painful lesson in maintaining stopping distances. You should still make a statement to Gardai on what happened from your perspective.

On the question of yor own possible liability, insurance companies usually try to work out if someone is a "mark" - i.e. has enough income / assets to be worth pursuing. If the cost of pursuing you is likely to be more than either you have available or the cost of repairs, they may not do so. And as others have said, check any household insurance policy you have as you may be covered.

Sympathy on the accident, and hope you're better soon.

Eamonnator

If it's only a dent, I don't think you have anything to worry about.
Stressing is not going to improve matters
Do your best to recover and try to relax.
I cannot see any insurance company spending time or money on what appears to be a very minor matter.