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Old 15th March 2008   #1
roxy
 
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What to Do in Case of An Accident - Now with civil info

Edit:
PLEASE FEEL FREE TO DONATE YOUR PROFESSIONAL FOR EXPERIENCED KNOWLEDGE TO THIS THREAD. IF YOU ARE A DOCTOR OR LAWYER (paid or gratis) WHO IS WILLING TO HELP RIDER'S PLEASE POST YOUR INFORMATION AND EXPERTISE ON THIS THREAD.

Some of you know that I've been fighting the man getting them to reopen a pretty f*cked up road rage case.
I thought it might be helpful to outline the stuff that the cops etc have told me in my dealings, as much of the problems regarding the case stem from what happened AFTER the accident/crime and not what happened during.

Maybe other people would like to add FACTS here.

BEFORE YOU ARE EVER IN AN ACCIDENT

-Save your local police station number in your phone and know your route in case you have to call your own ambulance or police

IF YOU ARE HIT BY A CAR

- First and foremost get a MINIMUM of TWO independent witnesses. Get their names and phone numbers. Ask them for a business card if possible. If they don't have a card, make small talk, ask what they do for a living or if they live in the neighbourhood. DO NOT just hand that over to the cops. Write the details down separately and give that to the cops. KEEP DETAILS SAFE.
Why: The cops and crown prosecution rely heavily on witness statements. They are also very good at losing them or 'forgetting to follow up. If the case goes to court, it will likely be up to a year before the trial. That is a very long time to allow the cops to lose stuff. Also, London's a transient city, by the time the case goes to trial one of your witnesses could have easily moved to another country, or moved house, or gotten another number. Having the business card and knowing what they do for a living can be very useful for the cops and you to track them down.

-Take a look around. Write down every CCTV camera you can see. Make a note of whether it's privately owned (banks, night clubs, etc) or whether it's city-owed. On your report, make a list of these.
Why: In our case when I asked if the cops checked CCTV footage, they replied "We weren't told there were any". By that time it was too late for them to be checked.
-[From Regulator:]You should use the Data Protection Act rather than the Freedom of Information Act to apply for CCTV footage. You should make a data subject access request under Section 7(1) of the DPA. The Information Commissioner's Office provide a template for requests. The CCTV Code of Practice outlines an organisation's responsibilities for disclosure in section 19.2 (page 15). Also, you should use the Data Protection Act (not the Freedom of Information Act which does not apply) to access case details from the police. However, the police can withhold information in certain circumstances.
-Please also note that a standard private owned CCTV camera's data is deleted every 30 days. You do not have much time to get a copy of it, neither do the cops. If you are able, go to the private business, bring a blank DVD and explain that you need their help and a copy of you "getting hit by a car", etc..


AT THE SCENE

- Don't just get the registration of the car, try to get the driver's license/home address, etc.

- Don't discuss what happened with the driver. Politely say that you'd rather wait for the cops to sort things out. Make it light but forceful.

-If the driver offers you money on the spot to solve the problem understand that the exchange of money can be looked at as a contract. Don't expect anything else from that point on from the cops or the driver. What you walk away with in your hand is all you should count on.

- If you go to the police station. This is VERY important. Second guess the desk officer regarding whether or not you've been given the right forms.
If you were hit purposefully/with intent/due to gross negligence/through anger or aggression- This is a CRIMINAL offence. You need to be filing on the CRIMINAL Offence form.
If it was a traffic ACCIDENT then you need to be filing a TRAFFIC Offence form.
Why: The forms go to two completely different groups of officers. If a traffic accident is looked at by a criminal cop, they tend to push it aside because they investigate criminal offences, and it won't fulfill their criminal requirements. And vice versa. HOWEVER, station cops may hear "I was hit by a car" and just assume it was a traffic incident. If the driver hit you PURPOSEFULLY it is likely to be a criminal incident and you need to push it to be looked at like this.

- If cops come to the scene, make a note of the "Investigating Officer's" name and badge number. Casually encourage proper note-taking. Point out (as above) whether you believe the incident to be traffic or criminal.
Why: S/he is responsible, more than anyone else, for whether or not your case is handled properly. Befriend them.

- If you report the incident at a station, you will have to fill out TWO different sets of very similar forms. The first time at the station and the second time about 6 weeks later. This 2nd set is what the cops send out to you and what they send to the CP. This 2nd set is VERY IMPORTANT. The Crown Prosecution is who decides whether or not a case is going to go to court and what the correct charges will be. Treat this 2nd form as if you've never told your story before. Get out those business cards, rewrite the witness information, and the list of CCTV cameras. Include the investigating officer by name and badge number to show you are to be taken seriously. Include anything of importance that s/he said at the time, anything the witnesses said to you, and anything the driver did afterwards.

- Remember! The driver could have a very different story than you do. This is where the strength of your case relies strongly on your witnesses.

- If there was damages to your property be thankful! This is the only way you can take a driver to civil court (if need be). This is also the only likely way you will get help from lawyers. It sucks, but money/property talks. Injustice doesn't mean a whole lot. Make notes of each part of your bike that was damages, supply receipts or store information proving how much it is worth. Take photographs of the damage AND take it to a bike shop and ask them to appraise/explain the damage in writing. Include any time spent off work/lost wages, etc..

- DO NOT RIDE YOUR BICYCLE AWAY FROM THE SCENE!!! If the cops/driver see this they may not understand that it was indeed still damaged. While your down tube is dented and therefore your frame is worthless, they may not understand that you risked it and still rode it home. If the next day you wake up sore from neck to toes they may not understand why the adrenaline you felt when you were hit allowed you to ride a bike.

-TAKE A PHOTO OF THE DRIVER AND OF VARIOUS ANGLES OF THE ACCIDENT - Your phone camera will do. The driver may later say it wasn't him driving.

ARE YOU HURT?
- If you are hurt, don't be a tough guy. Go to the hospital/your GP. Get a letter from them explaining your injuries. While a good case of road rash may not be life-threatening it may make you unable to ride/walk/work properly. This is important to note. If you get a later infection or later bone/muscle problems it will make it trickier to prove.
- If you have adreneline pumping through your veins you may not realize you are injured - go to the hospital.
- If you have a scrapped up knee, you are injured, go to the hospital.
- I have straight forwardly been told by the police to go to the hospital if there is any injury at all. Tell the doctor that you will be taking the case to court and could s/he please take detailed notes.
- I have also been told by the cops to take pictures once the swelling/bruising sets in, in other words when it looks really bad. The cops want to punish people, they need evidence to do this.

-Above all, BE PERSISTENT! Make one day a week, 'call the cops day'. Check in on your case. The cops "stretch the truth" and are lazy/very busy. Don't believe anything they say like "we're working on it" or "we'll call you". You do the leg work. If one officer doesn't help you ask for his/her superior. Call them by their name and be polite.
Don't ask questions like "Could you check into that?" Instead say things like "When you check into that will you call me with a follow up?" Then when they say "Yeah, sure.." Push further (but politely) with statements like "And when can I expect to hear from you?" Remember cops have been drilled/brain washed to work in a 'fill in the boxes, dot the I's sort of way',they rely on a chain of command to know what's right or wrong. So if they are a good cop, reward them. Thank them for their help. Be very nice. Bow down to their wise moves. If they are a bad cop, admonish them, point out that you are not happy with the way they are "serving" you. Ask to speak to a superior. Again politely.
If a cop says they'll have to call somebody else or somebody else is in charge of something, get that person's name and contact information. Call them. Tell them who told you to call them.
If a cop blames you for ANYTHING (i.e. wrong forms, not calling, shouldn't have been riding so fast/without a helmet) remind them that it is not their job to blame the victim but their job to assist them.

DO NOT GET ANGRY/RAISE YOUR VOICE/SWEAR. Cops rely on winding you up. The second you yell or use a swear word they have a legal right not to have to talk to you. Also, psychologically you are undermining their sense of authority which is all they have. This doesn't do you any good. Continue to remind them that they have the "power" to assist you. Not all cops wanted to become police officers for the power trip, some actually, in the back of their brain, honestly wanted to help out society. Appeal to that part of their brain. Put them in your shoes, "I'm sure you can understand why I'm so frustrated", etc.

[b]Keep a folder containing:
reference details (numbers, officer names, etc)
witnesses details
driver's details
photographs of your bike and black eyes
officer names (every one you ever speak to)
dates and times you made phone calls. Write a quick note of what was discussed each time.
Any other places you complained/talked to (see below)



There are people out there who can help.
Road Peace - A non-profit that deals with road-user's rights.
Your MP - They may want to silently watch the case, but they are there to assist you.
Contact Cycle Aid 01772 250871 "Cycle Aid are personal injury solicitors specialising in cycle injury and accident claims. We will act for you on a ‘no win, no fee’ basis giving cutting-edge legal advice to help you make a claim for compensation. We have been involved in many substantial claims involving head injuries, shoulder injuries, spinal injuries, facial injuries, back injuries, knee injuries and other bicycle accident claims"

IF THE COPS ARE ABUSIVE, NEGLIGENT, INCAPABLE OF DOING THEIR JOB:
Look, it's easy to get disheartened and give up when the cops don't help you, but if you don't do something about this you make it hader for the next one of us in your shoes.
Please complain!!
You can do this easily and online. The two complaints commitees are duty-bound to, at least, investigate. Plus it's a record of shittiness done by cops.
To complain go here:
http://www.ipcc.gov.uk/
https://secure.met.police.uk/complaints/
If the driver was a "professional" driver complain to their profession's headquarters.
TfL if it's a bus
Public Carriage Office if it's a black cab.
The link to make an online complaint against a black cab is here: https://www.tfl.gov.uk/tfl/contact/pco/taxi.aspx
I have never not gotten a reply from complaining to TfL.

If they are driving a company van/car get the details of their company and complain to the boss.

If you would like to sue in civil court you want to go to this page to start with. You can only sue for money, not emotion or injustice. So for things like a fucked up bike or time off work due to the accident. If you have already accepted an insurance pay out then you may not be eligible to sue so check with a solicitor before accepting any compensation if you think you may like to take the case further.

The case can create precedent. This can be a great thing for future injured and suing cyclists. Their lawyers can point to the case as reference. However, if you lose it can create precedent that makes it harder for other cyclists. This is one of the greatest reasons to follow through on cases that are obvious wrong-doing and why not to follow through on cases that aren't (i.e. he hit me, it was totally his fault but I was drinking for the last 8 hours and there's proof of that). In no way do I want to sound like I'm blaming the victim here, but chances are you will be blamed at some point in the course of the trial so just be ready with your defense (i.e. it doesn't matter what I was wearing or how much I drinking or if I was flirting or if I went home with him, it didn't give him permission........you get the idea. Justice is cold.)

I believe that Statute of Limitations for cases is: **
6 months for Traffic Court
No SoL or One Year for Criminal
no clue about civil

**If you know better can you correct/back up these times?

Note from Wannabe: Something else people don't often realise -- opening a car door so as to injure OR endanger any person is a criminal offence. 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!


Thanks Wannabe for volunteering!
I hope this helps you. x



EDIT FROM LCC INSIDER:
If you are at all injured, call the police and say you are injured. Say that you can't come to the station as you are injured and they need to come to the scene. We are getting A LOT of reports from riders saying police just refuse to come out to accidents. This is the best and sometimes ONLY way to make them come to the scene. You have a right to police assistance.

Edit Oct 12th 2009:
HI ALL, PLEASE NOTE,
THIS WAS NEVER MEANT TO BE A "RIDER'S DOWN" THREAD.

PLEASE, PLEASE, PLEASE:
IF YOU HAVE QUESTIONS ABOUT WHAT TO DO IN CASE OF AN ACCIDENT PLEASE READ ALL POSTS. If you still have questions then contact the relevant person (THEY ARE PROBABLY LISTED ON THIS THREAD) and by all means post here what you find out (HELP OTHERS!). If you don't know who the relevant person is, then post the question here (hopefully without your entire accident story).

IF YOU HAVE ANSWERS (not just clever ideas) TO QUESTIONS OR KNOW WHO DOES, PLEASE POST THAT INFO HERE. If it's turning into banter, please take it off this thread, figure out the answer, and post the answer here.

IF YOU HAVE POSTED A "RIDER DOWN" -TYPE POST, PLEASE DELETE IT. IT WEAKENS THE POINT OF THIS THREAD. Those who have been in an accident need to be able to get through this thread easily and efficiently. Please no banter back and forth here, it makes it a huge pain to get through when someone else needs to get through this.

THIS THREAD IS FOR HELPFUL INFO ONLY (make it simple for those who have been in an accident) OR FOR QUESTIONS THAT NO ONE ELSE (and you've tried) HAS BEEN ABLE TO ANSWER.

If you have helpful info or would like to donate your assistance (you're a lawyer, md, cop, emt, etc) to other FGSS members, please post that here.

Apologies, I don't mean to sound horrible, but for this thread to continue to help people it can't be a bunch of mish-mashed stories about accidents. The point is for serious info about what to do, who to call, where to go for help, what to expect, and how to get the most out of the legal system.

[last edit Nov 16th- thanks to Nes]
Stop SMIDSY
Stop ‘Sorry Mate, I Didn’t See You’

Because sometimes sorry just isn’t enough.
Bad driving intimidates and harms innocent people. Cyclists and pedestrians are particularly endangered by negligent or aggressive driving because we’re not encased in a few tonnes of metal every time we set out on the roads.
Stop SMIDSY will address how the police, prosecutors, the courts, and the law itself could all do a better job at encouraging people to use the roads in safer and more considerate ways. When we lobby these institutions on your behalf, we need evidence of how they need to improve. That’s where you come in.
Report your story and help make our roads safer

Most of us have experienced bad driving. By creating a place to collect and share these stories, we will build the political will to change how society deals with bad driving.
Get information and advice

If you request help from our lawyers, we will send them the information you have supplied us. They will contact you within seven days if they think they will be able to help.
You can also learn more about the law about bad driving and download some practical tips for dealing with it.
http://www.stop-smidsy.org.uk/

Last edited by roxy; 16th November 2009 at 19:35. Reason: smidsy sux
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Old 15th March 2008   #2
pipwish
 
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Copied and saved away. I hope I never need it but thanks very much for the effort.
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Old 18th March 2008   #3
d0cA
this post need a BIG LINK somewhere prominent - like pipwash, hope i never need to use it, but the effort is greatly appreciated and i will be sharing the info with everyone i know. thank you roxy.
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Old 19th March 2008   #4
Fixedwheelnut
 
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Great list the only thing I can add is;
Join the CTC or LCC and have the back up of Third Party Insurance, the solicitors will do alot of the above for you :)

CTC joining link
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Old 19th March 2008   #5
Hammo
Crapper,

I could have done with this a year ago (although stunned, I don't think i could tell up from down at that moment.) Good work!

If you happen to get carried away by an Ambulance as i did, make sure you speak to the witnesses. Don't rely on the police.

Roxy is right, they mess it all up and don't take details down right.

:)
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Old 19th March 2008   #6
lpg
 
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yeah, when i crashed a few years ago, there were witnesses who all saw it and sided with me, but i was in shock and went in the ambulance, neglecting to get names/numbers.

nice one roxy.
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Old 19th March 2008   #7
roxy
 
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After this weekend I can confirm that even suspected well-meaning cops just don't always seem to have common sense.
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Old 27th March 2008   #8
roxy
 
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I have added civil links and SoL info above. If you can add info to any of this, it'd be great.
  quote   reply
Old 27th March 2008   #9
Build
 
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Quote:
roxy:I have added civil links and SoL info above. If you can add info to any of this, it'd be great.
Nice work Roxy.
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Old 28th March 2008   #10
tallsam
 
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good thread.
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Old 28th March 2008   #11
eyebrows
Yeah, i don't think people can thank you enough for this roxy.
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Old 28th March 2008   #12
provenraddonor
 
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Roxy for president!
Good info, thanks.. :-)
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Old 28th March 2008   #13
roxy
 
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From another thread:
Quote:
BigFatAl:Having worked as a personal injury lawyer some years ago (10 to be precise - so things might have changed). You are OK time wise - in civil cases you have 3 years to present a claim if you suffered an injury - which clearly you did! You must go to your GP in the next couple of days and explain about the anxiety you have suffered since. You can go to a solicitor - but they may not want to take up the case if they can't recover their costs. I would photo the damaged parts, get quotes for replacements - oh, and is the frame structurally safe anymore? After all, they're not designed to be run over...

Whisper me (is that how you do things on here?) if you want anymore info/help...
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Old 28th March 2008   #14
roxy
 
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It would be helpful to have some info on here as to how the cops dealt with you if you were in an accident and riding without a front hand brake.

I think it's important to phrase it this way to the cops/solicitors: "front hand brake".
It is my understanding that your drive train is a back brake and thus it is legal to ride with only one hand brake.

My only tip here is to keep insisting that you "ARE NOT RIDING BRAKELESS". You are, perhaps, only riding with one drive-train powered back brake.
If someone ever gets the chance to use this, please come back on here and report how it went over.
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Old 28th March 2008   #15
daccordidonor
Excellent post Roxy cheers thats brilliant.

One thing I would add not from my own experience but from friends that were knocked off, assuming you can you should phone the police especially if it's a taxi driver or professional driver etc. Two of my mates have been knocked off then the driver has said I'll phone the police brings out there phone and makes a call and comes back saying the police aren't interested and there not coming. Then later on when its too late they realise the driver was probably pretending.

Also to get the police there quicker if it looks like they might leave tell the police you suspect they might have been drinking.
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Old 28th March 2008   #16
Momentum
Quote:
roxy:

-Take a look around. Write down every CCTV camera you can see. Make a note of whether it's privately owned (banks, night clubs, etc) or whether it's city-owed. On your report, make a list of these.
Why: In our case when I asked if the cops checked CCTV footage, they replied "We weren't told there were any". By that time it was too late for them to be checked.
Another thing is that you, as a person who has been filmed by those CCTV cameras, can apply to their operator for copies of the footage under the Data Protection Act. By law there should be a sign near the camera telling you who the operator is and how to contact them. They are unlikely to want to go through the hassle of making a copy but you have a legal right so press for it. They are allowed to charge an admin fee, but I think it's limited to £10. Make the application in writing and keep copies of the application and their response.


Quote:

It sucks, but money/property talks.

- If you are hurt, don't be a tough guy. Go to the hospital/your GP. Get a letter from them explaining your injuries. While a good case of road rash may not be life-threatening it may make you unable to ride/walk/work properly. This is important to note. If you get a later infection or later bone/muscle problems it will make it trickier to prove.
Another thing is that physical injuries talk even more loudly than money. You can't sue for emotional distress but there is a list of suggested sums for each physical injury. An interesting fact is that girls get more than guys for facially disfiguring injuries because their looks are judged to be more important. This seems to be based ona view that girls need to get married to have a secure future.

I know because I brought a civil case after getting fubarred by a black cab - broken nose, loosened teeth, concussion, 7 stitches in my chin and temporary amnesia. Was reimbursed for my bike, incidentals like medical supplies and travel, the time my girlfriend spent helping me and all my injuries. Took about 18 months and was a fair bit of hassle but I ended up getting a good chunk of cash and I was spurred on by the fact that it really wasn't my fault. The police were fuck-all help in following things up although they helped scrape me off the road.
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Old 29th March 2008   #17
roxy
 
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Quote:
Originally Posted by Momentum View Post
Another thing is that you, as a person who has been filmed by those CCTV cameras, can apply to their operator for copies of the footage under the Data Protection Act. By law there should be a sign near the camera telling you who the operator is and how to contact them. They are unlikely to want to go through the hassle of making a copy but you have a legal right so press for it. They are allowed to charge an admin fee, but I think it's limited to £10. Make the application in writing and keep copies of the application and their response.




Another thing is that physical injuries talk even more loudly than money. You can't sue for emotional distress but there is a list of suggested sums for each physical injury. An interesting fact is that girls get more than guys for facially disfiguring injuries because their looks are judged to be more important. This seems to be based ona view that girls need to get married to have a secure future.

I know because I brought a civil case after getting fubarred by a black cab - broken nose, loosened teeth, concussion, 7 stitches in my chin and temporary amnesia. Was reimbursed for my bike, incidentals like medical supplies and travel, the time my girlfriend spent helping me and all my injuries. Took about 18 months and was a fair bit of hassle but I ended up getting a good chunk of cash and I was spurred on by the fact that it really wasn't my fault. The police were fuck-all help in following things up although they helped scrape me off the road.
Yeah, I wasn't very clear on this point. I'll clear it up. But yes, broken bike or broken bones,etc both mean you can sue/seek compensation.

I was writing from the point of view of a particular incident. One where the driver ran a traffic signal and hit the cyclist. The cyclist though sore was unharmed as was the bike. However the driver was still charged with not heeding the traffic signal, however the cyclist would have a hard time suing the driver just for hitting him.
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Old 3rd April 2008   #18
crank
 
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Nice one, thanks for this..

Does anyone know anything about situations in which a car hasn't been registered, so license no. can't be linked to ID?
Last year I got the classic 'overtake and left-turn without looking' manuevre pulled on me. The (huge) passenger got out of the car, I went to record his registration number, and he proceeded to punch me, get back in his car and drive off. So, hit and run plus assault.. Got some good witnesses and licence no., but apparently the person to whom the car was registered claimed he had sold it 6 months before.

I'm sure the police were very shoddy on this one. For a start, they didn't have any positive way of knowing that the person they spoke to wasn't the same person who hit me. Also, I'm in disbelief that you can buy and drive a car without leaving some kind of paper trail that a decent cop could find in half an hour. Unless the driver has never paid congestion charge or bought petrol with his credit card and had his registration automatically recorded. Or hasn't driven past a automatic licence recognition system since I filed my report, etc.

Does anyone know how possible it is to run a car completely off the books? I'd be interested in following this one up if it was going to go anywhere.. nothing I like more than making the fuzz actually serve me ;)

Tim
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Old 3rd April 2008   #19
oddsock
roxy, I wish I'd read this on monday! I was hit by a van on tuesday. I did get the driver's details and one witness though, and took photos of the bike. Didn't take any photos of injuries, but they'll probably look more impressive after they've had a chance to fester for a day or two!
How is your claim going?
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Old 5th April 2008   #20
h2o
Quote:
Originally Posted by roxy View Post
I believe that Statute of Limitations for cases is: **
6 months for Traffic Court
No SoL or One Year for Criminal
no clue about civil

**If you know better can you correct/back up these times?

I think it's 3 years for civil claims. Criminal depends on the severity of the offence, as you point out.
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Old 25th April 2008   #21
cliveodonor
 
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Quote:
Originally Posted by h2o View Post
I think it's 3 years for civil claims. Criminal depends on the severity of the offence, as you point out.
Civil personal accident and death claims are three years from the date of accident(Section 11 Limitations Act 1980.) All other tort claims, for example for damage to your bike, are six years (section 2 Limitations Act 1980).

Generally there is no limitation period for criminal cases although prosecution for some motor offences must be brought within a certain period of the offence. You need not worry about this as you will not be bringing the prosecution. The police or CPS will. If you are injured, sue in the civil courts. You will receive compensation. If the driver is prosecuted, it is very nice, but gives you nothing.
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Old 2nd July 2008   #22
adoubletapdonor
 
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Last night on ITV there was a programme about crash scene investigators including a cyclist who had been hit by a lorry driver at night on a dual carriageway and nearly killed.

What was interesting was that the police had obvious suspicions the driver had fallen asleep or drifted out of lane and so the investigation was looking at discounting possible defences.

Obviously first question was where his bike was positioned when hit and they did alot of work to establish the bike had been hit when outside the rumble strip so should have been easily avoided by properly driven vehicle.

His rear light was smashed to pieces in the crash so they searched the grass verge to find all pieces and particularly a missing battery which might have been used to suggest although present it wasn't working.

They collected his clothing + helmet and photographed it on a dummy to prove the Scotchlite reflectors on his jacket and helmet were clean and not obscured when viewed from behind.

Also looked his bike over for any damage or mechanical issues that might have been present before the crash.

That evidence plus witnesses ended up in a guilty plea, but you could see how the defence could have used any mechanical or visibilty issues to introduce a bit of doubt. Sobering.
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Old 2nd July 2008   #23
TheBrick(Tommy)
 
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Quote:
Originally Posted by crank View Post
Nice one, thanks for this..

Does anyone know anything about situations in which a car hasn't been registered, so license no. can't be linked to ID?
Last year I got the classic 'overtake and left-turn without looking' manuevre pulled on me. The (huge) passenger got out of the car, I went to record his registration number, and he proceeded to punch me, get back in his car and drive off. So, hit and run plus assault.. Got some good witnesses and licence no., but apparently the person to whom the car was registered claimed he had sold it 6 months before.

I'm sure the police were very shoddy on this one. For a start, they didn't have any positive way of knowing that the person they spoke to wasn't the same person who hit me. Also, I'm in disbelief that you can buy and drive a car without leaving some kind of paper trail that a decent cop could find in half an hour. Unless the driver has never paid congestion charge or bought petrol with his credit card and had his registration automatically recorded. Or hasn't driven past a automatic licence recognition system since I filed my report, etc.

Does anyone know how possible it is to run a car completely off the books? I'd be interested in following this one up if it was going to go anywhere.. nothing I like more than making the fuzz actually serve me ;)

Tim
Thats bad.

When you sell a car there is a bit for the seller to send off to the DVLA and a bit for the new owner to send of to the DVLA. The DVLA send a reply back to say they have received the paperwork to each respective party. If the person says he sold the car six months ago he should have sent off his half of the form so that even if the new owner did not complete their part of the form it was on record that he had was no longer the owner. In other words it would be on record that he had sold the car. If he had a speeding ticket and tried this excuses it would not wash in courts without the paper work.
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Old 2nd July 2008   #24
chris crash
 
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i have a question, what if you are not hit, but in avoiding the collision you come off the bike (i.e grab front brake and go over the bars) is the car that caused this at all labile?
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Old 2nd July 2008   #25
cliveodonor
 
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Chris

Yes, if you can prove that the proximate cause of your injuries was the negligence of the driver.
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Old 20th August 2008   #26
roxy
 
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*minh ai bumps*
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Old 20th August 2008   #27
freddonor
 
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Quote:
Originally Posted by chris crash View Post
i have a question, what if you are not hit, but in avoiding the collision you come off the bike (i.e grab front brake and go over the bars) is the car that caused this at all labile?
it's my understanding that if a car driver causes an accident, it makes no difference whether he hits you or not, HOWEVER, the usual caveat applies: if you were going too fast to be able to stop safely in time then you are liable as (s)he did not actually cause you to crash, you did (by going too fast).
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Old 20th August 2008   #28
freddonor
 
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here's how you go about getting a address from registration plates where the driver leaves the scene:
http://www.direct.gov.uk/en/Motoring...cle/DG_4022066

http://www.direct.gov.uk/en/Motoring...cle/DG_4022067
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Old 20th August 2008   #29
roxy
 
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*nosferatu bumps*
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Old 20th August 2008   #30
nosferatu
 
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*nosferatu lives*
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Old 22nd August 2008   #31
roxy
 
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copied from another thread:

+1. Don't forget that you can also obtain CCTV (and what the police have done about your case) under the Freedom of Information Act

[COLOR=#800080]http://www.foi.gov.uk/yourRights/index.htm#how[/COLOR]

if they don't comply (though there are some get out clauses), then it's a criminal offence
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Old 2nd October 2008   #32
Regulator
Just as an aside to the above, you should use the Data Protection Act rather than the Freedom of Information Act to apply for CCTV footage. You should make a data subject access request under Section 7(1) of the DPA.

The Information Commissioner's Office provide a template for requests. The CCTV Code of Practice outlines an organisation's responsibilities for disclosure in section 19.2 (page 15).

Also, you should use the Data Protection Act (not the Freedom of Information Act which does not apply) to access case details from the police. However, the police can withhold information in certain circumstances.

HTH.
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Old 2nd October 2008   #33
Leo
is it true that a "sorry" from a driver can be seen as an admission of their guilt?
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Old 2nd October 2008   #34
cliveodonor
 
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It could be but it is not conclusive. It is best never to apologise or if you do, ensure that the apology is clearly a politeness such as "I am sorry that I hit you but I had no alternative as you stepped out in front of me without warning". It is not a bad idea to extract an apology from the other party as one can then seek to use it but don't be too transparent. If they do apologise, remember the exact words that they used, note them down as quickly as possible afterwards. Respond in a way that they and witnesses will also remember.
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Old 2nd October 2008   #35
Toon phycle pimp
 
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good info I hope it dosent come in handy.
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Old 3rd October 2008   #36
hippy
 
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Attempted Murder: 4 times tonight a silver/grey car, single white male, Y508 YBH tried to kill me.

There were words exchanged the first time and I thought all was done. At Hanger Lane, the driver attempted to knock me down by driving across my path. I swerved to the right to avoid him. He then swerved right and he hit me with his wing mirror and then sped around Hanger lane, heading south. I thought he'd had enough but he came back for more, attempting to hit me in Ealing on Uxbridge Rd. before turning another corner and "leaving". Again, I thought I was safe from this crazy...

In West Ealing, I heard a revving engine and turned around to see this guy coming at me again, at speed. I saw a ramp up the curb and mounted it. This friggin' crazy, followed me up the curb, at speed! He hit the curb, trying to hit me and since he missed the nice ramp bit, I guess he hit the hard edge of the curb and blew his front left tyre. He then drove one. I crossed the rode, saying something like "fucking nutter" to a guy walking down the street, turned my lights off and took a nice, secluded way home.

This driver is a psycho. Beware.

I have phoned the police but they say I need to report it to a station. They said they would keep an eye out for the guy. I suggested you do too.. if you are anywhere near Ealing.

May his body rot rapidly from the inside and his children cave his face in with d-locks..
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Old 3rd October 2008   #37
Tiswasdonor
 
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Quote:
Originally Posted by hippy View Post
Attempted Murder: 4 times tonight a SILVER JAGUAR X-TYPE V6 SE AUTO, single white male, Y508 YBH tried to kill me.
fixed
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Old 3rd October 2008   #38
hippy
 
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Thanks man, thought it might have been a Jag. I've got to get to the cop shop..
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Old 3rd October 2008   #39
VanUden
 
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Fuck! Serious best of luck with this hippy, let us know how you get on with feedback/repercussions/cops/vigilante/whatever. Such a tosser needs to learn a lesson that using your fucking car as a weapon is the small-dicked coward's method. What a wanker.
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Old 3rd October 2008   #40
twist305
Quote:
Originally Posted by hippy View Post
Attempted Murder: 4 times tonight a silver/grey car, single white male, Y508 YBH tried to kill me.

There were words exchanged the first time and I thought all was done. At Hanger Lane, the driver attempted to knock me down by driving across my path. I swerved to the right to avoid him. He then swerved right and he hit me with his wing mirror and then sped around Hanger lane, heading south. I thought he'd had enough but he came back for more, attempting to hit me in Ealing on Uxbridge Rd. before turning another corner and "leaving". Again, I thought I was safe from this crazy...

In West Ealing, I heard a revving engine and turned around to see this guy coming at me again, at speed. I saw a ramp up the curb and mounted it. This friggin' crazy, followed me up the curb, at speed! He hit the curb, trying to hit me and since he missed the nice ramp bit, I guess he hit the hard edge of the curb and blew his front left tyre. He then drove one. I crossed the rode, saying something like "fucking nutter" to a guy walking down the street, turned my lights off and took a nice, secluded way home.

This driver is a psycho. Beware.

I have phoned the police but they say I need to report it to a station. They said they would keep an eye out for the guy. I suggested you do too.. if you are anywhere near Ealing.

May his body rot rapidly from the inside and his children cave his face in with d-locks..
wasnt a young(ish) guy silver Golf by anychance?

opps sorry didnt see car type further down ...anyway hope they get the fecker for ya m8
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Old 3rd October 2008   #41
hippy
 
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Very similar to this..


I'm going to go down to where he drove up the footpath to get me and see if there's any marks for happy snapping.. then I'll pop into the cop shop.
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Old 5th October 2008   #42
cliveodonor
 
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I know that any mention of the CTC is likely to conjure up images of beards and panniers but I would recommend this section of the website of the solicitors who run the CTC protection scheme. Some sound advice here on what to do in the event of an accident.

FYI, Russell Jones & Walker are a well established law firm who made their reputation in acting for Trades Unions and in particular in acting for members of Trades Unions in work-related personal injury actions. They are one of the best plaintiff personal injury forms around. Yes, I am a solicitor but no, I have no connection whatsoever with them.

http://www.rjw.co.uk/ctc
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Old 7th October 2008   #43
hippy
 
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I've been in the cop shop for an hour and there's still ppl in front of me and no coppers. Fucktoss!
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Old 7th October 2008   #44
VeeVeedonor
 
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what that guy is still at large! I'm taking the tube the rest of the week...
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Old 7th October 2008   #45
hippy
 
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I got a form to fill out.. backdated.. the cops like me.

I'm still going to track him down and rape his face with a broken beer bottle..

Every time I see a silver/grey car I think I'm about to get twatted. Someone needs to die for this.
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Old 9th October 2008   #46
Archi Pelago
 
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Quote:
Originally Posted by hippy View Post
I got a form to fill out.. backdated.. the cops like me.

I'm still going to track him down and rape his face with a broken beer bottle..

Every time I see a silver/grey car I think I'm about to get twatted. Someone needs to die for this.
That's feckin terrible. Sorry to hear, but glad you're alright!
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Old 9th October 2008   #47
nankatsu
 
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Quote:
Originally Posted by hippy View Post
I got a form to fill out.. backdated.. the cops like me.

I'm still going to track him down and rape his face with a broken beer bottle..

Every time I see a silver/grey car I think I'm about to get twatted. Someone needs to die for this.
So can we get this guy's name and address and post it here?
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Old 10th October 2008   #48
hippy
 
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We could but since I'm 'officially' reporting him to the cops, for now, I'm being nice.
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Old 13th October 2008   #49
roxy
 
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Please only put helpful legal info on this thread, just so we can keep it on track. While stories are super important and good to learn from I think they're best in other threads. Let's keep this one really easy to glean info from quickly.
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Old 30th October 2008   #50
grezna
 
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Can anyone recommend a good place for getting a post-accident bike checked out? Front wheel is clearly knackered, but I need to work out if the hub is damaged or just the rim, and of course get my frame looked at (for all the physicists out there, CAN you dent a Charge Plug, or does that only work in a black hole or something?)

Following on from the comments about back "drive-train" brakes, I think they're catching on - either the ambulance fella or policeman (was concussed, not really sure which) asked if I only had a front brake, but before I could answer corrected himself saying "oh no, it's fixed at the back isn't it."
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