Knocked over by motorbike - AIBU

[thedancingbear]

Please could I pick the collective brains here?

Whilst jogging into work the other day, I was absolutely clobbered by a motorbike turning left as I crossed a side road. He was blatantly in the wrong (s.170 of the Highway Code for anyone who cares) and I was thrown about 30 feet down the side road onto my back - he was travelling when he hit me. I was carted off in an ambulance but (mercifully) there's nothing seriously wrong with me - some nasty cuts and bruises and (genuinely) whiplash.

As I was laying in a ball in the gutter, the motorcyclist started remonstrating that the accident was my fault and pointing out the state of the front of his bike, which was badly damaged. I responded to this with a fluent stream of invective, telling him that it was 'his fucking fault' and sarcastically observing 'yes, it's the state of your bike that matters here, you utter cunt' (or words to that effect).

Whilst I was waiting for the ambulance, I was helped to my feet by a passer by. Motorcyclist marches towards me from the other side of the road, despite my protestations to 'stay away from me', aggressively suggesting the accident was my fault. In retrospect I think he may have been trying to entice me to hit him, so as to muddy the waters. When he reached around a foot away from me, I gently pushed him in the chest away from me as I felt physically threatened.

After the police arrived (who confirmed that the accident was ostensibly the cyclist's fault, and that he had a helmet camera so there would be footage) I gave him another mouthful (including a nasty word) because he was clearly smirking at me.

I don't care what happens to the cyclist - he's beneath me. And I've no real interest in claiming for compensation - I'm not desperate for the money, and accidents happen.

My real concern at the moment is that I am going to get done (ie prosecuted) for mouthing off and giving this slimeball a gentle push in the chest. My OH says this is a ridiculous concern - I'd just been run over and was very, very shaken up, and my reactions were reasonable in the circumstances. But I'm also aware that the other guy seemed very canny - not admitting fault, having a camera on his helment, taking pictures of the scene afterwards. I'm worried that he's going to make a complaint against me as a counterattacking move.

AIBU/absurd? For the sake of full disclosure, I'm a feller.

[stouty]

Difficult to say without seeing what happened. You say you were jogging so the motorcyclist/cyclist may not have had time to see or anticipate your action, I guess the camera footage may help. Was it a motorcyclist or cyclist?, your post mentions both.

[thedancingbear]

Thanks Stouty. I was crossing a side road and the police have basically confirmed it was his fault. It was a motorbike.

[thedancingbear]

Also, that's as accurate a description of the events I can manage - I'm not trying exaggerate the accident or to sugar coat anything I did or said

[Bulbasaur]

For starters, what happens after the accident doesn't affect how the accident itself is judged. Even if you smashed his face in with a crow bar, accident is still 100% his fault.

I'd assume any fights afterwards would be a separate legal matter.

Don't know how self defense laws work over there, but I would assume that if he walked up into your space and you gave him a shove back, it wouldn't constitute as assault. If he was wearing a helmet cam, I don't think he'll be showing it to the police or insurance as it will incriminate him as being the aggressor.

In any case, I wouldn't worry about getting in trouble, but I would prepare to put up with some bullshit in a little bit. He's just another one of those idiots that thinks he understands the law and tried to find a loophole.

[loopylou6]

nothing will happen to you, of course it won't.
I would however be putting in a claim purely because of his Disgusting behavior.
Hope you're feeling ok

[jay55]

Maybe you didn't push him away but were just a bit unsteady on your feet, due to just having been knocked over. ;)

[thedancingbear]

Thanks bulbasaur. It wasn't even a shove - I was gently but firmly removing him from my personal space. of course it would be possible to represent it differentlty.

[PurpleSwift]

He flung you back 30ft!!? That's some distance.

But no I wouldn't be concerned at all about any action he may take, going by your version of events.

[simbacatlivesagain]

A motorcyclist on the opposite side of the road skidded and slid under my car (him and his bike- its a 4X4). I gave him by details as a witness (his bike was damaged and he later (2 weeks after) tried to blame me for the accident. I was livid- I refused too fill any insurance paperwork- luckily the local shop guy had seen it all. I was in stationary traffic . Not everyone is honest or nice!

[VivaLeBeaver]

I think that legally if you felt threatened and used reasonable force to defend yourself then you're right. Pushing someone away seems reasonable force to me.

[LaurieFairyCake]

I can't imagine you have anything to worry about and of course you should claim on his insurance for your injuries - whiplash might need physio and you don't know how long that will take

Also I bet his helmet cam is not even seen by police - is he getting done for reckless driving or not taking care/paying attention?

[Bulbasaur]

Yes, I'd file a claim now actually. If you don't, he will.

At least file so your version of the events are on paper before any legal bullshit kicks off. It's not that he'd win, but you want a water tight case to make it easier on you.

[thedancingbear]

Thanks everyone, this is making me feel better. Purpleswift, 30ft's not an exaggeration - I've measured it on google earth. It's a funny thing - the actual impact didn't hurt, but I had a genuine feeling of flying through the air and was airborne long enough to think about my landing (particularly, not banging my head on the kerb).

[VivaLeBeaver]

And it sounds like his camera footage would back you up. The fact he approached you and ignored you asking to stay away goes in your favour. If he "loses" the footage then again I'd think that goes in your favour.

Remember its up to him/the police to prove your guilt not for you to prove your innocence when it comes to any assault charge. I'd be amazed if anything came of it. Police won't be interested.

Accident is a separate incident and pedestrian is in the right. Vehicles have to ensure the road is clear before turning into it I believe. If they smack into a pedestrian in the road they either didnt look properly or were going to fast to stop.

[Bogeyface]

Definitely claim if only because it covers the cost of physio. The private physio I got after my accident was way better than the NHS, I got appointment that suited me not them, and there was no limit on treatment as it was being paid for by his insurance.

[APlaceInTheWinter]

You told him to stay away and he still invaded your space in a threatening manner. So I think you would be entitled to safeguard your space by gently pushing him especially since you'd just been injured by him. Emotions are always heightened in the aftermath of an accident, and as the injured party (both in blame and medical terms) you were perfectly reasonable to demand the perpetrator kept a safe distance. The fact there was a passerby who witnessed everything also makes it less likely that the biker will try to muddy the waters.

[SlimJiminy]

Definitely take action now. I know you said you're ok, but you could have sustained an injury that hasn't been identified yet. For example, what if you require treatment for PTSD but the nightmares don't start for another few months? Or you suffer from flashbacks, but they're only triggered when you see motorbikes? Hopefully not the case, but definitely better to have something on record now just in case.

[maddening]

I actually think you should push for a claim and any further consequences.

I don't think you will be pulled up re the push but there was a witness to back you up if he does try anything.

[PurpleSwift]

Wow sounds like you had a lucky escape there then. Glad you are okay and get this all resolved.

[hellyhants]

I really feel for you. I also run and often have to remonstrate with drivers who don't stop when turning into side roads - and once a week I work in London and walk from Waterloo to the St Pauls area - it ALWAYS happens at Tudor St in London when cyclists, van drivers, you name it, they all turn in regardless of pedestrians already in the middle of the road. Once I had a huge altercation with an entitled idiot on a Boris bike who thought because he rang his bell before he turned in I should get out of the way. He was probably the partner of a city law firm and had a huge 4x4 at home, goodness knows how he drove that. Rule 170 is seriously one that needs an advertising campaign to raise awareness. My husband says he's had people beeping him when he's been walking to our local station because he won't scuttle across and get out drivers' way - to be fair I do, but it should not be expected.

Also if you are on a main road and let someone turn into a side road in front of you PLEASE don't flash someone to turn if pedestrians are also waiting to cross that side road!

And I don't think pushing someone away who has invaded your personal space and is threatening you is unreasonable especially when you're shook up and they nearly killed/maimed you. The police do sometimes do stupid things and have a go at easy targets but it's unlikely in this case.

[thedancingbear]

tiggy, I don't know what's happened to the other guy. He was still talking to the police at the scene when I was taken away, and I've heard nothing since. I got the sense that they police were going to take his camera footage off him, which is probably a good thing on balance

Hellyhants I completely agree about rule 170. I didn't even know it existed until I learnt to drive a few years ago, and many drivers' knowledge of the highway code is shocking

[Chwaraeteg]

It would be self defends anyway.

[thedancingbear]

hellyhats I've just realised where Tudor Street is. Bizarrely, the one time I got knocked off my bike was by a taxi turning left into Tudor Street. I got a mouthful then too

[Collaborate]

Rule 170 of the Highway Code doesn't exactly say what you've posted. Only pedestrians who have already started to cross have priority.
As you were out jogging, if you were running across the road the motorcyclist may have had little or no time to stop. The would also be a question of your contributory negligence if you do go for compensation.
If it's all been recorded on his head cam the police should be able to work out what happened.