What to do when you are knocked off by another cyclist?

What does the law say about accidents between cyclists?

Yesterday, my wife was knocked off when a teenager ahead of her suddenly
swerved into her path without looking behind, making a collision
unavoidable. (Someone we know was nearby and probably saw the incident.)

They both picked themselves up, with help of passers-by. No apparent
injuries to either party, but my wife was shook up and there was some
damage to her bike. The teenager tried to walk off, and only when my
wife threatened to call the Police would she give her name and address.

When my wife attempted to ride home her knee collapsed and she had to be
helped to the roadside by other passersby. First aider in nearby office
attended and helped my wife call a taxi to the hospital. A three hour
A&E visit confirmed serious bruised knee but no broken bones. Now she is
hobbling around on a crutch.

She has reported the incident to the Police and got an incident number.
There is some damage to her bike, which I picked up this morning. My
wife may be off work for a couple of weeks.

What is the best way to proceed to get damages paid by this teenager?
I'm thinking of writing to her family, but what's the best things to say
in my letter?

Any other advice gratefully received.


--
David Green
Cambridge, UK.

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On Sat, 28 May 2005 12:10:43 +0100, David Green wrote:

What does the law say about accidents between cyclists?

Yesterday, my wife was knocked off when a teenager ahead of her suddenly
swerved into her path without looking behind, making a collision
unavoidable.

What makes you so sure it was the teenager's fault? Perhaps your wife
didn't allow sufficient space when overtaking?
--
Michael MacClancy

"David Green" wrote in message
...
snippity..

What is the best way to proceed to get damages paid by this teenager? I'm
thinking of writing to her family, but what's the best things to say in my
letter?

Any other advice gratefully received.


--
David Green
Cambridge, UK.


If you are in the CTC now is the time to take advantage of the free legal
help. Hope your wife recovers quickly.

Cheers, helen s

David Green wrote:
What does the law say about accidents between cyclists?

Yesterday, my wife was knocked off when a teenager ahead of her suddenly
swerved into her path without looking behind, making a collision
unavoidable. (Someone we know was nearby and probably saw the incident.)

They both picked themselves up, with help of passers-by. No apparent
injuries to either party, but my wife was shook up and there was some
damage to her bike. The teenager tried to walk off, and only when my
wife threatened to call the Police would she give her name and address.

When my wife attempted to ride home her knee collapsed and she had to be
helped to the roadside by other passersby. First aider in nearby office
attended and helped my wife call a taxi to the hospital. A three hour
A&E visit confirmed serious bruised knee but no broken bones. Now she is
hobbling around on a crutch.

She has reported the incident to the Police and got an incident number.
There is some damage to her bike, which I picked up this morning. My
wife may be off work for a couple of weeks.

What is the best way to proceed to get damages paid by this teenager?
I'm thinking of writing to her family, but what's the best things to say
in my letter?

Any other advice gratefully received.



Its the responsibility of the overtaking vehicle to pass safely so
although the other cyclist should have checked it was I'm afraid legally
your wife's responsibility. It is very rarely the fault of the vehicle
in front if a vehicle behind runs into them. It would be different if
she were alongside and he turned into her but moving into her path when
she is behind and approaching is not advisable but not culpable either.

If it had been his fault you would write to the person at the address
making a claim for damages and costs. If they don't contest it they can
either pay it or ask their insurance company to handle it under their
public liability insurance.

--
Tony

"A facility for quotation covers the absence of original thought" Lord
Peter Wimsey (Dorothy L. Sayers)

"Tony Raven" wrote:

Its the responsibility of the overtaking vehicle to pass safely so
although the other cyclist should have checked it was I'm afraid
legally your wife's responsibility. It is very rarely the fault of
the vehicle in front if a vehicle behind runs into them.

OK so I'm driving along a motorway in lane 2, and a vehicle in lane 1
swerves into my path without warning just at the point i'm passing it
causing a collision - are you saying this would be *my* fault?

Adrian Boliston wrote:

OK so I'm driving along a motorway in lane 2, and a vehicle in lane 1
swerves into my path without warning just at the point i'm passing it
causing a collision - are you saying this would be *my* fault?



I think I covered that "It would be different if she were alongside and
he turned into her but moving into her path when she is behind and
approaching is not advisable but not culpable either."

That swerve could be for any number of reasons including inattention,
tyre blowout, avoiding an obstacle etc.

--
Tony

"A facility for quotation covers the absence of original thought" Lord
Peter Wimsey (Dorothy L. Sayers)

Adrian Boliston wrote:
"Tony Raven" wrote:

Its the responsibility of the overtaking vehicle to pass safely so
although the other cyclist should have checked it was I'm afraid
legally your wife's responsibility. It is very rarely the fault of
the vehicle in front if a vehicle behind runs into them.

OK so I'm driving along a motorway in lane 2, and a vehicle in lane 1
swerves into my path without warning just at the point i'm passing it
causing a collision - are you saying this would be *my* fault?

It was the overtaking cyclist's fault if passing close by within the same
lane.

Every cyclist should know that cyclists wobble a bit and sometimes need to
suddenly swerve to avoid a pothole or something, so they should be given
/loads/ of room when overtaking. It doesn't help that cyclists behind
usually can't be heard, so the rider can easily think they're the only one
on the road, then they become spooked when a cyclist suddenly appears
alongside.

~PB

"David Green" wrote in message
...

What is the best way to proceed to get damages paid by this teenager? I'm
thinking of writing to her family, but what's the best things to say in my
letter?

Any other advice gratefully received.


It is very hard to judge what happened from your description but the
previous comments you have recieved on culpability seem reasonable.

In addition I think we always need to remember that pedestians and other
cyclists often take actions based on what they hear rather than by looking.
So while they would know we were there if we were driving a noisy car they
don't hear us on a silent bike. You can get angry and claim it is their
fault but they will keep on doing it.

Pete Biggs wrote:
Adrian Boliston wrote:

"Tony Raven" wrote:


Its the responsibility of the overtaking vehicle to pass safely so
although the other cyclist should have checked it was I'm afraid
legally your wife's responsibility. It is very rarely the fault of
the vehicle in front if a vehicle behind runs into them.

OK so I'm driving along a motorway in lane 2, and a vehicle in lane 1
swerves into my path without warning just at the point i'm passing it
causing a collision - are you saying this would be *my* fault?


It was the overtaking cyclist's fault if passing close by within the same
lane.

My wife was giving her plenty of room, not passing too close.


Every cyclist should know that cyclists wobble a bit and sometimes need to
suddenly swerve to avoid a pothole or something, so they should be given
/loads/ of room when overtaking.

Sure, but in this case the teenager appears to have suddenly decided to
change direction and started heading toward the opposite side of the
road, as my wife was level with her. Thus, she rode into my wife giving
no time to brake or get out of the way.


It doesn't help that cyclists behind
usually can't be heard, so the rider can easily think they're the only one
on the road, then they become spooked when a cyclist suddenly appears
alongside.

I think this teenager was riding home from school, and didn't hear my
wife behind her, and didn't bother looking. As my wife was level with
teenager when they decided to ride across to other side of road, a crash
was inevitable. Surely if you ride with due care and attention, you must
be culpable?


--
David Green
Cambridge, UK.

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My advice is forget it.
Tell your wife to get on with her life and not drag those sharks, the
lawyers into it.
And tell her to go back to work. The sooner she does, the faster she
will get better.