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Original poster

Who is at fault here? (Bike/car accident)

119 replies

00100001 · 17/09/2021 08:27

Nephew (17) was cycling home on Monday evening, he was on the pavement. He got knocked off by a car that reversed out if a drive with no lights on.

Nephew was knocked off bike, and has a hairline fracture in his arm,and front wheel is possibly buckled. (It's being checked this weekend)

He rode home, as was in a bit of shock,so didn't think to ask for details etc. Driver didn't get out of car as far as I know.

He knows the address it happened so could return for details if needed.

As his bike needs repairing, would the driver be liable?

We're not sure, as nephew was cycling on the pavement, but driver was reversing onto main road and clearly didn't see him

Can wise MNers please help?

OP posts:
Ekofisk · 17/09/2021 09:03

Whilst cycling on the pavement is against the law in England, the car driver owes others a duty of care. I think this would be one for the lawyers to argue.

However, it would be worth your nephew reporting it to the police, writing down his account of exactly what happened, and taking photos of the location and the damage to his bike if he wanted to pursue it.

girlmom21 · 17/09/2021 09:07

@Soontobe60 no I was on a car park but it's irrelevant really as both drivers are responsible for making sure the space they're reversing into is clear

I don't know why some people are so keen to blame the cyclist - unless the car was already practically in the road and the cyclist hit it in the side of course but then I'm pretty certain the driver would've stopped

girlmom21 · 17/09/2021 09:09

@Blossomtoes it's not inconceivable no, but the driver is responsible for making sure their path is clear throughout the whole manoeuvre and, as I've already stated, the car would have had to be reversing pretty quickly to have not seen the cyclist but hit him

SoupDragon · 17/09/2021 09:09

reversed out if a drive with no lights on.

Were the reversing lights not working?

NoYOUbekind · 17/09/2021 09:12

IME the police do treat failure to report an accident seriously, so he should report. However, I don't expect the polis will give him a hug for cycling on the pavement and I agree, it does complicate the insurance angle.

Thefaceofboe · 17/09/2021 09:14

I think the issue is the bike was on the pavement. The amount of times I’ve almost hit them electric scooters coming off my drive (obvious drive way, dropped curb etc) while pulling forward is ridiculous. It’s pretty impossible to see a bike that you don’t expect to be on the path, travelling quickly along while you make the judgement to reverse.

It’s also only advised you don’t reserve off a driveway, not the law

I hope your nephew is okay!

LIZS · 17/09/2021 09:17

Why was he on the pavement , did he have lights on? The car must have had reversing lights on at least, but should have checked the pavement was clear.

Ekofisk · 17/09/2021 09:20

Interesting case involving a young cyclist riding on the pavement at night with no lights who then angled off the pavement and onto the road and was hit by a car.

www.casemine.com/judgement/uk/5a8ff71360d03e7f57ea727e/amp

The cyclist won compensation, albeit reduced for contributory negligence.

IWishIWas · 17/09/2021 09:27

The same happened to me, except I was driving out of my drive, not reversing. A 17 year old was riding on the pavement, much too fast, came from nowhere, & rode into the driver’s door. Caused over £1400 worth of damage to my car. Police weren’t interested but he was liable & had to pay the money once he reached 18. Had to involve solicitors.

Medievalist · 17/09/2021 09:30

A driver is allowed to reverse off their drive; a cyclist is not allowed to ride on a pavement. There's no way of knowing how much care either party was taking. The driver could easily argue that they reversed very carefully and your nephew appeared out of nowhere, was riding very fast and recklessly.
Unless the car was electric, I'd expect your nephew to have heard it. Or did he have headphones in?

MLMbotsno · 17/09/2021 09:30

@insancerre

And he needs to report it to the police
This. Driver didn't even get out of the car! Driver obviously didn't look before/during reversing. Those things called mirrors are useful. Next time driver might hit a person walking or running along the pavement. Report the road traffic accident to the police.
MLMbotsno · 17/09/2021 09:32

I never reverse from my driveway. I reverse in and drive forward out, easier to see more.

Soontobe60 · 17/09/2021 09:32

[quote girlmom21]@Soontobe60 no I was on a car park but it's irrelevant really as both drivers are responsible for making sure the space they're reversing into is clear

I don't know why some people are so keen to blame the cyclist - unless the car was already practically in the road and the cyclist hit it in the side of course but then I'm pretty certain the driver would've stopped [/quote]
Yes, drivers are responsible for making sure the space is clear - presumably the driver did that before moving, then whoosh, along comes a bike on the pavement.

diddl · 17/09/2021 09:34

How did he not hear the car?

LookItsMeAgain · 17/09/2021 09:38

1 - did the cyclist have a light on their bike?
2- were they wearing high vis or reflective aids to help drivers see them? (like any of these - www.halfords.com/cycling/cycling-clothing/hi-vis/ )
3 - did the driver come out of their driveway at speed or creep out?
4 - was the driver aware that they hit something and stayed in their vehicle or did they leave the scene?
5 - was the street lighting on at the time? Did it light the area where the accident occurred?

Can you go back to the property, take some photos of the vehicle in question and the scene where it happened (even if it's a day or two after the event) and also take a photo of the insurance disc that should be in the car window? It will have the name of the insurance company on it and the policy number which can help things along.

Then I would report it all to the police.

Blossomtoes · 17/09/2021 09:39

Driver didn't even get out of the car!

OP doesn’t say that.

girlmom21 · 17/09/2021 09:41

@Blossomtoes

Driver didn't even get out of the car!

OP doesn’t say that.

Paragraph 3 of the OP Hmm
LIZS · 17/09/2021 09:42

Insurance disc? If he was emerging from drive with wall, fence or hedge either side mirrors won't have helped. How fast was cyclist going that he could not brake or avoid? Did he damage car?

ChurchWCat · 17/09/2021 09:43

Did the rear of the car hit the bike, or did the bike go into the side of the car.

Did the bike have lights?

LookItsMeAgain · 17/09/2021 09:43

Also I should add -
6 - did the cyclist have earbuds/headphones on at the time of the accident?

These are the Rules of the Road which relate to Cyclists and the FIRST one is what the cyclist should wear:

www.gov.uk/guidance/the-highway-code/rules-for-cyclists-59-to-82

Rule 64 states you must not cycle on the pavement

I don't think it's as cut and dried as it might initially seem because the driver would have a duty of care not to reverse out of their driveway at speed, possibly knocking down a pedestrian but they wouldn't and shouldn't be expecting a cyclist on the footpath.

SoupDragon · 17/09/2021 09:43

Insurance disc?

I think that's a thing in Ireland.

Elieza · 17/09/2021 09:43

If the driveway had hedges or high gate pillars it would be difficult to see anything past that. The drivers reversing lights should have been working and he should have moved out slowly in case pedestrians in the pavement didn’t see him so he could stop and let them by.

I think there are byelaws or some other regulations about cycling on pavements which bans it. As far as I know, unless they have been amended to indicate the path is now for cycles AND pedestrians the original rules will remain - ie no cycling on pavements.

So if they report to police and both tell the truth I presume both will get done. The driver for a broken reversing light and not paying due care and attention, and the lad for cycling on the pavement. So the question is, would the driver lie and claim he didn’t hit anyone and is there proof otherwise, and if both are truthful would any fine the last got be more or less than the cost to fix the bike, and is it more trouble than it’s worth trying to claim it from the drivers insurance. I’d suggest choc up to experience. If he wants to pursue find out if illegal to ride a bike on a pavement first.

I imagine he had his headphones on and that’s why he didn’t hear the car.

idontlikealdi · 17/09/2021 09:44

Cyclist shouldn't be on pavement and you shouldn't reverse from a drive.

hedgehogger1 · 17/09/2021 09:44

He shouldn't have been on the pavement and would have been going faster than a pedestrian reducing the opportunity for the car to see him. Neither's in the right here

MrsSkylerWhite · 17/09/2021 09:47

Do t know about legally.

I believe they were both wrong.

Your nephew should not cycle on the pavement. The driver should not reverse without looking.

Proviso: if it was dark and your nephew doesn’t have lights, I’d say the liability shifts towards him 🤷‍♀️