Hit by a car

Discussion in 'Off-Topic Discussion' started by Jungle Jane, Dec 6, 2014.

  1. Jungle Jane

    Jungle Jane Starved Of Technicolor

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    Thought this may make an interesting discussion.

    What made me make this thread was that I was just in an accident with another car. I was riding my bike on the pavement (I usually ride in the road but this was a road where I needed to be on the opposite of where I was going) and a car pulled out of its drive and knocked me over. I go into the main road. Thankfully no one was coming the other way so have only a few bruises and a busted front wheel.

    I apologised to the male driver after he made sure I was OK, but his female passenger immediately started swearing at me saying it was illegal and my fault. She looked at the car and saw I had knocked out a front fog light and immediately did her but saying "this is a brand new car!" You will have to pay for this, wanted my insurance details (lol) etc. She never asked if I was OK etc.

    Accidents happen and to be fair both me and the driver were at fault. I accept this and move on from it. But what shocked me was this woman's reaction, how she valved a front fog light which she would hardly notice over my life. Their car is also driveable unlike my busted front wheel on my bike.

    While I walked back home I contemplated man vs material goods. Have things really become that bad that humans valve their possessions over another humans wellbeing? Or is this a blip.
     
  2. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    This brings up a number of points.

    First of all, I hope you're OK :grphg:

    Yes, you were wrong for riding on the pavement but he is still responsible for looking where he is going. So you are not just the one at fault.

    He would have been totally responsible if you had been a pedestrian so with you being on two wheels doesn't absolve him of responsibility.

    From the practical point of view I am assuming, maybe wrongly, that you don't have insurance (like most cyclists) and were therefore unable to give insurance details.

    People do get irate in situations such as these and the female's reaction is not unusual. If you had still been lying on the pavement I'm sure she would have been more sympathetic. As it was, I guess that she saw you up and about and therefore assumed you were OK. Then she tore into you!

    So I don't think that man versus material goods really applies in this situation.

    Nonetheless, (legal hat on) I would be inclined to refuse to accept any responsibility and, if he tries to pursue you for the repairs to his car, I would point out that he has the responsibility to look where he's going. After all, you may have been walking your bike along the pavement.

    The wording you have given to the incident says that he hit you. Therefore it's totally his fault (there may be some liability for riding on the pavement but I don't think so). You say that his front fog light was damaged. Therefore it appears that he definitely hit you.

    If you had hit him then it would have been more your fault, but you would then have damaged the side of his car and not the front. Even so, there's still an argument that he pulled out very quickly in front of you and you weren't able to stop.

    Don't be pestered by them and don't let the situation worry you. :grphg:
     
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    • Phil A

      Phil A Guest

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      Blimey Jane :ouch1:

      I'd go along with what Shiney said.

      Also hope you're ok too :grphg: Must have been a bit of a shock.
       
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      • Val..

        Val.. Confessed snail lover

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        :grphg::grphg:
         
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        • Autumn bliss

          Autumn bliss Total Gardener

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          Glad your ok Jane..That must off been a scary moment for you my friend:grphg:
           
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          • Fat Controller

            Fat Controller 'Cuddly' Scottish Admin! Staff Member

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            I have to disagree slightly - as far as I am concerned, the fact that you were riding on the pavement is irrelevant - you were 'there to be seen', and I am pretty sure that any traffic copper would agree with me on that one.

            He was exiting his property, crossing over a pedestrian walkway, and clearly was not driving with due care and attention - if he was, he wouldn't have hit you.

            Hope you are OK
             
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            • Lolimac

              Lolimac Guest

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              Glad you're OK JJ:phew::grphg:...A child or elderly person might not have been so lucky.Sorry about the bike...
               
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              • shiney

                shiney President, Grumpy Old Men's Club Staff Member

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                FC, you're quite correct :blue thumb: but on the civil side the insurers do take things like that into account.

                In this instance it won't account for much and, if I were in Jane's shoes, I'd go after him for his insurers to repair the bike. :thumbsup:
                 
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                • Jungle Jane

                  Jungle Jane Starved Of Technicolor

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                  Thanks everyone. :grphg:

                  He defiantly hit me all right shiney . The front of his car hit me and tipped my bike over. As I was on the pavement at the time and he was exiting his driveway (driving forward) I spilled out onto the main road. I dread to think what would have happened if a car was coming down the road.

                  Many people have said to me I should have phoned the police but to be honest I didn't know this at the time. I was trying really hard to remain calm as well as I knew I would now have to walk back with a damaged bike and not get anxious about it, which I successfully did. This passenger screaming at me also made me incredibly uneasy too and so didn't really want to stick around. I know you're meant to exchange details at the time but I didn't know this applied with cyclists so assumed the woman passenger was being daft at the time. I still don't know if I should contact the police over it or not as it was nearly 24 hours ago and I don't feel in a great mental state to be dealing with the police either. My bikes brakes also failed but it was one of those events where it happened so fast that I don't think my brakes would have stopped it from happening but may put me more at fault.

                  Thank you everyone for their concerns. I am still pretty shaken up by the incident and I now have big bruises on my legs. My back also ain't in good shape either. I feel pretty stiff everywhere and I may go to a doctor just to get myself checked out next week too.

                  Mods could we please change the title to something a bit more appropriate please? I was thinking some strange things yesterday, like texting Mr Jane asking if we had any bread at home left before telling him I had been knocked down. I presume this is a mental coping mechanism to deal with shock. :dunno:
                   
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                  • Phil A

                    Phil A Guest

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                    Shock does odd things to folk, not unusual. Deffo get checked over by the Doc :grphg:
                     
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                    • JWK

                      JWK Gardener Staff Member

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                      You can still ring the police now, you are in delayed shock and because you have such a nice nature you are shouldering some of the blame. If you can face it I think you should report it asap. As time goes on you'll probably start realising that the car driver was totally at fault and it could have been so much worse, imagine an old lady or mother and pushchair in the same situation.
                       
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                      • Fat Controller

                        Fat Controller 'Cuddly' Scottish Admin! Staff Member

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                        Got to agree with @JWK, you really should report it if for no other reason to get your side of the story on record. If he somehow manages to find out your details and the tells his insurer you rode into his stationary car....

                        Moreover, he drove out of his drive, crossing a pedestrian walkway without due care and attention. Imagine if you had been a wee girl trying out your very first bike without stabilizers... The same impact would have had a massively worse effect.

                        If his drive doesn't have a dropped kerb, then he shouldn't be driving over the pavement full stop - so he could be using his drive illegally
                         
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                        • pamsdish

                          pamsdish Total Gardener

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                          So sorry Jane, the first thing that sprang to my mind, after reading you were okay, what if it had been a pushchair he had hit. :phew:. The person pushing would have been behind, obviously, or a child running on the path, a small child would not have had a chance. His passenger should watch him out if they have no vision of the path.
                           
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                          • maria

                            maria Gardener

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                            hope your ok x i drive very slowly out of my drive he couldn't have been doing that or he would have spotted you x
                             
                          • Ellen

                            Ellen Total Gardener

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