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Author Topic: Cyclist crash - legal questions  (Read 3398 times)

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Pitchfork

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Re: Cyclist crash - legal questions
« Reply #15 on: 25 June 2008, 12:40:20 »

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Quote
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...My dad got done for due care & attention.

..what did he get then?


He got a fine but no points. It was about 6 years ago & I think it was £150 but will confirm the details when I see him tonight.
My grandfather was fined 10/- for riding a bike without due care & attention when he collided with a car because he had a violin case across the handlebars & a live chicken under his arm :)
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Re: Cyclist crash - legal questions
« Reply #16 on: 25 June 2008, 14:02:17 »

My daughter was parked in a multi storey car park with her door open leaning over to get her handbag which was on the passenger seat. An old bloke in a Rover 75 decided not to wait for her to grab her bag and close the door and parked in the space next to her, hitting the door and damaging his wing. Her insurance said she was to blame and coughed up :o
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Markjay

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Re: Cyclist crash - legal questions
« Reply #17 on: 25 June 2008, 14:46:41 »

Quote
Quote
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...My dad got done for due care & attention.

..what did he get then?


He got a fine but no points. It was about 6 years ago & I think it was £150 but will confirm the details when I see him tonight.
My grandfather was fined 10/- for riding a bike without due care & attention when he collided with a car because he had a violin case across the handlebars & a live chicken under his arm :)

is that a live chicken under each arm?  :D

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Re: Cyclist crash - legal questions
« Reply #18 on: 25 June 2008, 15:40:45 »

Quote
Quote
Quote
Quote
Quote
...My dad got done for due care & attention.

..what did he get then?


He got a fine but no points. It was about 6 years ago & I think it was £150 but will confirm the details when I see him tonight.
My grandfather was fined 10/- for riding a bike without due care & attention when he collided with a car because he had a violin case across the handlebars & a live chicken under his arm :)

is that a live chicken under each arm?  :D


addmittedly that is quite impressive!  ;D
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bigboykarl

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Re: Cyclist crash - legal questions
« Reply #19 on: 25 June 2008, 15:56:20 »

had a few car doors opened on me when i was a despatch rider around london in the early 90's,never hurt but certainly wrecked one bent it right back and destroyed the wing
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Danny

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Re: Cyclist crash - legal questions
« Reply #20 on: 25 June 2008, 17:45:43 »

Had a door opened on me at a petrol station, made one hell of a thud, yet inexplicably no damage, just knocked my mirror flat against the door (previous corsa)

i'm pretty certain that common sense dictates you check your mirror when opening a car door if parked where traffic passes

i very nearly hit someone's door just yesterday, and its unfortunate that some older people who need more space when getting out of a vehicle can often throw their door as far open as it'll physically go without checking the mirror first, making for some heart stopping moments
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Re: Cyclist crash - legal questions
« Reply #21 on: 25 June 2008, 18:02:09 »

Quote
had a few car doors opened on me when i was a despatch rider around london in the early 90's,never hurt but certainly wrecked one bent it right back and destroyed the wing

I know how you feel had two big crashes myself:

1.   Rammed off the road by an impatient van driver.  I was following a jag downhill (Sheffield) and was having to brake to avoid running into the back of him.  White van comes alongside goes wide and then makes contact with me, effectively ramming me off the road into a parked car.  I flew over the car into a commando roll (army training coming in useful) and thankfully just bruises.  The useleess South Yorkshire Police were 200m behind me on foot patrol when I got up and saw nothing!  :o     Ironically I got the guys number plate and he was cautioned verbally over the phone!  >:(

2.  Coming to a junction in Sheffield (again) and a driver failed to see me and pulled out.  Halfway out she saw me and slammed the brakes on blocking the road.  Giving me no other option I swerved to the side going over a traffic island and busting both wheel rims (sob) she then sped off before I could get her plate to bill her for my new wheels!  :'(

I have now fitted an airhorn to my bike, and I position myself more aggressively if I need to and of course the big high power halogens on the front of course!  :y
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Pitchfork

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Re: Cyclist crash - legal questions
« Reply #22 on: 25 June 2008, 18:46:59 »

Quote
Quote
Quote
Quote
Quote
...My dad got done for due care & attention.

..what did he get then?


He got a fine but no points. It was about 6 years ago & I think it was £150 but will confirm the details when I see him tonight.
My grandfather was fined 10/- for riding a bike without due care & attention when he collided with a car because he had a violin case across the handlebars & a live chicken under his arm :)

is that a live chicken under each arm?  :D

No only the one chicken. He was a teacher & was going give a nature study lesson followed by a music lesson. I was in the 1930s & sex education had not been invented so there was no need for a Cockerel  as well! ;)
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psychnurse

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Re: Cyclist crash - legal questions
« Reply #23 on: 25 June 2008, 18:51:58 »

Quote
Quote
had a few car doors opened on me when i was a despatch rider around london in the early 90's,never hurt but certainly wrecked one bent it right back and destroyed the wing

I know how you feel had two big crashes myself:

1.   Rammed off the road by an impatient van driver.  I was following a jag downhill (Sheffield) and was having to brake to avoid running into the back of him.  White van comes alongside goes wide and then makes contact with me, effectively ramming me off the road into a parked car.  I flew over the car into a commando roll (army training coming in useful) and thankfully just bruises.  The useleess South Yorkshire Police were 200m behind me on foot patrol when I got up and saw nothing!  :o     Ironically I got the guys number plate and he was cautioned verbally over the phone!  >:(

2.  Coming to a junction in Sheffield (again) and a driver failed to see me and pulled out.  Halfway out she saw me and slammed the brakes on blocking the road.  Giving me no other option I swerved to the side going over a traffic island and busting both wheel rims (sob) she then sped off before I could get her plate to bill her for my new wheels!  :'(

I have now fitted an airhorn to my bike, and I position myself more aggressively if I need to and of course the big high power halogens on the front of course!  :y



Steer clear (No pun intended  :y) of Sheffield! Sounds like a dangerous place to be  ;)
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hotel21

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Re: Cyclist crash - legal questions
« Reply #24 on: 25 June 2008, 19:13:13 »

Quick answer to the original post.

If the act of opening the door knocked the cyclist off, then the plumber carries the vast majority, if not all, the blame.  A cyclist in these circumstances is like any other road user and should use good observational skills and road positioning to reduce potential dangers.  Those who have done any advanced type driver training know that when passing a parked vehicle, at least one car door width should be left as clearance.

If the door was opened for a sufficiency of time before the approach of the cyclist then apportionment of blame moves to the cyclist as he should then brake or move out to clear.

Its all subjective on a post such as this and really needs the content of statements from witnesses to the event to make a definative descision.

And thats what the insurance companies (and possibly criminal/civil courts) will do, ultimately.....
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Danny

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Re: Cyclist crash - legal questions
« Reply #25 on: 25 June 2008, 20:09:02 »

Quote
Quick answer to the original post.

If the act of opening the door knocked the cyclist off, then the plumber carries the vast majority, if not all, the blame.  A cyclist in these circumstances is like any other road user and should use good observational skills and road positioning to reduce potential dangers.  Those who have done any advanced type driver training know that when passing a parked vehicle, at least one car door width should be left as clearance.

If the door was opened for a sufficiency of time before the approach of the cyclist then apportionment of blame moves to the cyclist as he should then brake or move out to clear.

Its all subjective on a post such as this and really needs the content of statements from witnesses to the event to make a definative descision.

And thats what the insurance companies (and possibly criminal/civil courts) will do, ultimately.....

taught in my standard driving lessons, and should be in all parts of the country
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Re: Cyclist crash - legal questions
« Reply #26 on: 25 June 2008, 21:32:13 »

Quote
Quote
had a few car doors opened on me when i was a despatch rider around london in the early 90's,never hurt but certainly wrecked one bent it right back and destroyed the wing

I know how you feel had two big crashes myself:

1.   Rammed off the road by an impatient van driver.  I was following a jag downhill (Sheffield) and was having to brake to avoid running into the back of him.  White van comes alongside goes wide and then makes contact with me, effectively ramming me off the road into a parked car.  I flew over the car into a commando roll (army training coming in useful) and thankfully just bruises.  The useleess South Yorkshire Police were 200m behind me on foot patrol when I got up and saw nothing!  :o     Ironically I got the guys number plate and he was cautioned verbally over the phone!  >:(

2.  Coming to a junction in Sheffield (again) and a driver failed to see me and pulled out.  Halfway out she saw me and slammed the brakes on blocking the road.  Giving me no other option I swerved to the side going over a traffic island and busting both wheel rims (sob) she then sped off before I could get her plate to bill her for my new wheels!  :'(

I have now fitted an airhorn to my bike, and I position myself more aggressively if I need to and of course the big high power halogens on the front of course!  :y

reminds me of a story my wife told me about when she was younger - walking down the road wearing a particularly short dress ::) and a cyclist decided to pay her quite a lot of attention ;) didn't notice the car infront stop for lights and smacked into the hatchback ;D ;D ;D
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psychnurse

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Re: Cyclist crash - legal questions
« Reply #27 on: 25 June 2008, 21:34:18 »

Quote
Quote
Quote
had a few car doors opened on me when i was a despatch rider around london in the early 90's,never hurt but certainly wrecked one bent it right back and destroyed the wing

I know how you feel had two big crashes myself:

1.   Rammed off the road by an impatient van driver.  I was following a jag downhill (Sheffield) and was having to brake to avoid running into the back of him.  White van comes alongside goes wide and then makes contact with me, effectively ramming me off the road into a parked car.  I flew over the car into a commando roll (army training coming in useful) and thankfully just bruises.  The useleess South Yorkshire Police were 200m behind me on foot patrol when I got up and saw nothing!  :o     Ironically I got the guys number plate and he was cautioned verbally over the phone!  >:(

2.  Coming to a junction in Sheffield (again) and a driver failed to see me and pulled out.  Halfway out she saw me and slammed the brakes on blocking the road.  Giving me no other option I swerved to the side going over a traffic island and busting both wheel rims (sob) she then sped off before I could get her plate to bill her for my new wheels!  :'(

I have now fitted an airhorn to my bike, and I position myself more aggressively if I need to and of course the big high power halogens on the front of course!  :y

reminds me of a story my wife told me about when she was younger - walking down the road wearing a particularly short dress ::) and a cyclist decided to pay her quite a lot of attention ;) didn't notice the car infront stop for lights and smacked into the hatchback ;D ;D ;D




Yeah... Aylestone hill!? And boy did my head hurt I can tell you !  ;D ;D ;D
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HerefordElite

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Re: Cyclist crash - legal questions
« Reply #28 on: 25 June 2008, 21:38:13 »

Quote
Quote
Quote
Quote
had a few car doors opened on me when i was a despatch rider around london in the early 90's,never hurt but certainly wrecked one bent it right back and destroyed the wing

I know how you feel had two big crashes myself:

1.   Rammed off the road by an impatient van driver.  I was following a jag downhill (Sheffield) and was having to brake to avoid running into the back of him.  White van comes alongside goes wide and then makes contact with me, effectively ramming me off the road into a parked car.  I flew over the car into a commando roll (army training coming in useful) and thankfully just bruises.  The useleess South Yorkshire Police were 200m behind me on foot patrol when I got up and saw nothing!  :o     Ironically I got the guys number plate and he was cautioned verbally over the phone!  >:(

2.  Coming to a junction in Sheffield (again) and a driver failed to see me and pulled out.  Halfway out she saw me and slammed the brakes on blocking the road.  Giving me no other option I swerved to the side going over a traffic island and busting both wheel rims (sob) she then sped off before I could get her plate to bill her for my new wheels!  :'(

I have now fitted an airhorn to my bike, and I position myself more aggressively if I need to and of course the big high power halogens on the front of course!  :y

reminds me of a story my wife told me about when she was younger - walking down the road wearing a particularly short dress ::) and a cyclist decided to pay her quite a lot of attention ;) didn't notice the car infront stop for lights and smacked into the hatchback ;D ;D ;D




Yeah... Aylestone hill!? And boy did my head hurt I can tell you !  ;D ;D ;D


 ;D ;D ;D

honestly?
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psychnurse

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Re: Cyclist crash - legal questions
« Reply #29 on: 25 June 2008, 21:39:01 »

 ;) ;) Nah.... dont do pushbikes!  ;D ;D ;D
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