What to do in the case of an accident (discussion)

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  • What to do in the case of an accident: http://www.lfgss.com/thread4213.html

  • I have added civil links and SoL info above. If you can add info to any of this, it'd be great.

  • 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.

  • good thread.

  • Yeah, i don't think people can thank you enough for this roxy.

  • Roxy for president!
    Good info, thanks.. :-)

  • From another thread:

    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...

  • 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.

  • 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.

  • 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.

    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.

  • 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.

  • 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

  • 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?

  • 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.

  • 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.

  • 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.

  • 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.

  • 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?

  • Chris

    Yes, if you can prove that the proximate cause of your injuries was the negligence of the driver.

  • minh ai bumps

  • 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).

  • 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

  • nosferatu bumps

  • nosferatu lives

  • 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

    http://www.foi.gov.uk/yourRights/index.h­tm#how

    if they don't comply (though there are some get out clauses), then it's a criminal offence

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What to do in the case of an accident (discussion)

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