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Knocked off my bike by a car last night. Advice needed.

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  • October 10, 2014 at 12:52 pm #22553
    jmarsters89

    I was cycling home from work yesterday just after 6pm. I had front and rear lights on (flashing) and was wearing a red waterproof (not the best colour and I’m going to buy a high vis jacket asap). There was a long queue of traffic, as is always the case at this time on weekday evenings. I was filtering through the traffic on the right hand side of the cars (no room on the left hand side and I feel safer moving down the middle of the road as there is a lot more room to manoeuvre) at probably between 8 and 12 mph.

    A car up ahead on my side of the road had flashed to allow a car to turn right out of a side road on the left (so he wanted to turn and drive on the other side of the road to me). I didn’t spot this and continued straight, he didn’t see me and pulled out. I crashed into the front right side of his car near the wheel arch and went over the handlebars, hit his bonnet and ended up on the other side of the road. I got up straight away and bystanders helped me to the side of the road and moved my bike.

    An ambulance was driving towards me and a lady flagged it down so within 30seconds I was sat in the back of an ambulance and was in there for about an hour. The ambulance called the police to the scene who took statements from the driver and myself and they have the details of a couple of witnesses. I have a swollen and grazed up knee, a bruise to my cheek (I managed to hit my face on the road), a sore hip, and soreness in both ankles (probably from my feet being ripped out of my pedals as I was clipped in). The bike appears to be okay other than a ruined front wheel, but I’m going to take it into a bike shop to get them to check it over and give me a quote for repairs.

    It’s my understanding that filtering is legal, but I would like to hear from anyone who has been in a similar position. I’m not sure exactly how to proceed. Because I was rushed straight into the ambulance I didn’t get anybody’s details, however the police have statements and contact details for the driver and witnesses. I just have the officer’s badge number. I was in shock at the time really so wasn’t thinking properly about all this.

    Any help would be greatly appreciated.

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  • October 11, 2014 at 10:37 pm #817517
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    Anonymous

    I don’t want to blame you AT
    I don’t want to blame you AT ALL – but when I’m filtering through traffic I take extra special care of drivers doing exactly what you describe: letting out other cars without thinking that there are other users of the road around. It’s such a grey area as to who is responsible for right of way (even in cars – see “Flash for cash scam”).

    As others have said, BC’s legal advice (Leigh Day) or another specialist should be able to help. Hope your injuries aren’t too severe and you get back riding soon.

    October 11, 2014 at 10:36 pm #817515
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    Matt eaton

    Jimmy Ray Will wrote:
    I’ll

    Jimmy Ray Will wrote:

    I’ll need to check a copy of the highway code, but my understanding is that filtering down the right hand side is akin to overtaking… and overtaking past a junction is not the done thing.

    However, that is an interpretation thing.

    I’m not certain either but I would imagine that the highway code is as vauge about this as it is about a lot of other things. To my mind filtering is not akin to overtaking regardless of which side you are on. Overtaking is when you pass a vehicle that is travelling at it’s normal road speed and there is space ahead of it for you to overtake into e.g when you pass a slower cyclist on a quiet road. Filtering is when you pass a vehicle that is unable to proceed at its normal road speed due to congestion e.g. the situation here. Unlike overtaking past a junction I would argue that filtering in such a situation is absolutly fine. In fact it’s pretty fundemental in order to make travel by bike effective in an urban environment. I agree that it’s down to interpretation but that would be my spin on things.

    The best advice would be to get some profesional legal advice and see if you have grounds to claim for damages. I would immage that you would have a good case but I’m no lawyer.

    October 11, 2014 at 9:42 am #817513
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    brokenorange

    Not sure how to advise but
    Not sure how to advise but your home insurance may be able to help. I have legal and liability cover and in an accident last year they (direct line) were great.

    October 10, 2014 at 2:14 pm #817511
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    jacknorell

    You’re overtaking and the car
    You’re overtaking and the car is merging onto another road. Both contributory I would assume?

    October 10, 2014 at 2:12 pm #817509
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    Jimmy Ray Will

    Hells bells, that sounds like
    Hells bells, that sounds like a horrible experience, you have my sympathies.

    I’ll need to check a copy of the highway code, but my understanding is that filtering down the right hand side is akin to overtaking… and overtaking past a junction is not the done thing.

    However, that is an interpretation thing.

    What is certain is that the highway code is fairly clear about flashing your lights to let cars out… you are not supposed to do it (for exactly this reason)… and accordingly, should someone flash you, you are not to assume that the junction is clear… you still have an obligation to check.

    So in essence, everyone is in the wrong.

    Its not a police matter other than gathering the details, its for the insurers to pick the bones out of it.

    October 10, 2014 at 1:58 pm #817507
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    jmarsters89

    Thanks for the reply
    Thanks for the reply OnTheRopes. I wasn’t registered with BC but did so this morning and I’m waiting to hear back from them.

    I’m a little worried as the police officer made a comment that it was “just one of those things” implying that nobody was really to blame. As I said before I was in shock and not thinking straight and didn’t dispute this at the time.

    October 10, 2014 at 12:56 pm #817505
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    OnTheRopes

    Are you a BC member? If so
    Are you a BC member? If so you can get legal aid with this, they are apparently very good.
    First thing I would do is call the police and ask how they are proceeding with this

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