|15th March 2008||#1|
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What to do in case of an accident
You can click on any of the following links to be taken directly to that subject.
To discuss the content of this thread, go here: http://www.lfgss.com/thread87982.html
If you want to share a fresh war story, please start a thread in the Rider Down forum.
Last edited by roxy; 23rd August 2012 at 17:00. Reason: added usage directions
|19th June 2012||#2|
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1. About this thread
The aim of this thread is to educate cyclists what to do in an accident. The original version of this thread was one of these most read threads on LFGSS and we wanted to update it to ensure its usefulness and longevity. Roxy ( www.roxyerickson.com ) started this thread to share her frustrating experiences with the police and to help cyclists in similar situations. Oliver (ojeffcott on the forum) is an experienced solicitor, helping recover damages for injured cyclists – you can read his cycle law blog here: www.thecyclingsolicitor.co.uk
Whilst there are professional recommendations in this thread, this is a friend-to-friend post and should be taken as such.
If you are a solicitor, medical professional, police officer, lobbyist or have something to contribute to this thread, please message roxy or ojeffcott. Otherwise, this is a closed thread so people can find the information they need quickly.
If you want assistance from anyone, please contact them directly using email, the phone, or a private message.
Last edited by Object; 28th June 2012 at 15:43.
|19th June 2012||#3|
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2. What to do before an accident
|19th June 2012||#4|
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3. At the scene of an accident
CCTV (Closed-Circuit Television)
This deserves a special mention, as it is vital to look for CCTV cameras.
Public CCTV - tell the police to call the local CCTV office to make sure any footage is preserved there and then. Do not let them wait as the footage will not be in real-time if the police do not get in contact with them immediately. Public CCTV is often saved with a continual degradation system i.e. every day that goes by means the footage gets degraded.
Private CCTV – this data may be deleted within 24 hours. You do not have much time to get a copy of it and neither do the police. You or the police need to contact the business immediately to preserve the footage.
Accidents with a motorised vehicle
If you can only get one piece of information following the accident, make sure you get the driver’s vehicle registration - this is usually enough to trace the driver.
If possible, take the driver’s name, address, registration and insurance details. Also, keep a note of the time and date of the accident.
Do not get into a discussion about whose fault the accident was.
Take photographs of the vehicles and it’s position in the road, along with any damage to your bike.
Accidents with pedestrians or other cyclists
If you are in an accident with a pedestrian or other cyclist, you should still take their name and address, get witness details, and contact the police and/or hospital if you are injured.
However, it is very difficult to recover damages against pedestrians or cyclists if they cause an accident. This is because they would usually need to be insured (e.g. to cover this type of collision) and most cyclists and pedestrians are not insured. Alternatively, you can pursue someone for damages personally, although this would only be worthwhile if they had sufficient money to justify it.
If you would like to be insured for this eventuality (i.e. if you injure another cyclist or pedestrian) then it is possible to get insurance for this. Cycling organisations such as BC or the LCC offer cyclists insurance for a variety of different situations
If the person causing the accident is acting in the course of their employment (e.g. a refuse collector) you may be able to take action against their employers.
Accident from a defect in the road
If you are in an accident caused by a pothole or other defect in the road, it is important to take photographs of the defect as it looked at the time of the accident. Put an item in the shot (a shoe or notebook, etc) that shows the size and depth of the pothole. These photos are just in case it gets repaired the next day.
You still must go back to the scene ASAP with a proper tape measure to record the size of the defect. Retake the photographs with the tape measure so you can accurately show how deep and wide it is.
Hit and Run accidents
If the driver does not stop at the scene of the accident, you may still be able to get compensation through the Motor Insurance Bureau (MIB). All motor insurance policies contribute to this fund which covers hit and run accidents and also accidents caused by uninsured drivers.
There are strict time limits for these claims, including having to report the accident to the Police within 5 days if you want to claim for damage to personal property. The time limits can be found here, along with details on how to apply for compensation:
Last edited by roxy; 20th June 2012 at 22:03. Reason: adding suggestions
|19th June 2012||#5|
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4. After an accident
If there is another road user at fault for your accident, it is important to involve the police and push for a prosecution if you can. It is easy to get disheartened and give up when the police are unhelpful or inactive in getting drivers convicted for offences against cyclists. Cycling accidents tend not to be treated as priorities by the police and by the public in general. By pushing for the highest punishments, we can help change the motor-centric attitude towards cyclists and raise awareness of the real frequency of these crimes.
When reporting the accident, it is useful to have a basic understanding of the difference between ‘criminal’ and ‘civil’ law, explained below. There are two sets of paperwork and you need to make sure that you are filling out the correct set.
Trying to prosecute a driver can be a gruelling and lengthy process. If possible, have a ‘without obligation’ meeting with a criminal lawyer, which may give you an idea of how the process will work. This doesn’t mean you need to stick with that lawyer, but they can talk through probabilities, time frame, and punishments with you.
Note from Roxy: I went through the process on my own and it was horrible. I did get results after a about a year and I would do it all over again if the same thing happened again but I would definitely start by going to a lawyer the next time!
Follow all the court procedures, and make sure to stick to deadlines.
4b. Criminal -v- Civil law
It is important to know the difference between criminal law and civil law. Criminal law is where the state punishes someone for breaking the law. It is dealt with by the police and cases are heard in the Magistrate’s Court, or the Crown Court if it is more serious.
Civil law (in this context) is where the cyclist sues for a wrong committed against them by another road user. You can get compensation for your financial losses, including damage to your bike, and for the injuries you have suffered. The defendants will also be liable to pay your legal costs.
4c. Civil law
If your bike or personal possessions are damaged, or you are injured following an accident, you have a few choices:
In general, cyclists feel very sheepish following an accident, and many will hobble off after an accident without doing anything about it. If this is an informed decision then fine, but in our view, for cyclists to be treated like road users they need to treat themselves in the same way. Also, adding yourself to the count for that year’s statistics will help future cyclists and cycle lobbyists fight for our rights.
Make a deal with the driver or insurers
If you make a deal with the other person, make sure you go in with your eyes open. If you accept payment from the defendant then this will probably be all you can get. In which case, even if your injuries persist longer than you thought, you cannot go back and get more money.
Instruct a solicitor
Who to chose
If you go down this route, make sure the solicitor specialises in cycling cases and is a member of the Association of Personal Injury Lawyers (APIL). All lawyers have at least some knowledge of the law. *However if you have been knocked off a bicycle, it is obvious that of two similarly qualified lawyers the one with cycling experience will be better able to conduct your case. They will be very used to insurers who contend that, for example, you should have been wearing a helmet and other cycling specific issues.
Nobody should be deterred from seeking access to justice on the grounds of cost.
If your case has at least a 50/50 chance of success (which is the vast majority of cycling accidents), your solicitor should enter into a “no win no fee” arrangement. This means you will pay only if you win, in which case, the costs will be covered by the other side.
If you have legal expense insurance (e.g. through LCC membership), you may want to consider using this. However, you can select the solicitor who you want to instruct, although this may not be the solicitor your insurer wants you to go with.
Please Note: the insurance industry has successfully lobbied the government to pass the Legal Aid, Sentencing and Punishment of Offenders bill. For accidents after April 2013 there will be changes to the payment for a case. We will update you when the final details have been released.
You have three years from the date of the accident (or your 21st birthday if you are under 18 at the time of the accident) to issue the case in the court otherwise your case will be time barred.
Keep records/receipts for any money you spend as a result of the accident e.g. paracetamol; bike repairs; replacing your helmet/clothing/cleats/etc; travel costs for taking public transport instead of cycling.
Once you have a solicitor acting for you, they should do the majority of the work that needs to be done to get you compensation. This process can take time – usually anywhere between 6 months and 2 years.
The steps involved will vary depending on the case, but in general a solicitor will do the following:
|19th June 2012||#6|
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5. Where to get help
Last edited by roxy; 23rd August 2012 at 16:59. Reason: adding suggestions again
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