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Dd hit car whilst riding her bike

1000 replies

Sfuandtired · 22/04/2024 21:48

Dd 17 has collided with a car tonight whilst riding her bike, she was crossing the road and from what I can make out didn’t see the car turning, she hit the car with her wheel leaving a dent and was thrown over the handle bars banging her head on the window, the driver got out, asked if she was ok, took her name and phone number, then said he was late for work and drove of!
Dd has since had a text saying she will be sent a bill and bank details for the damage to the car! WWYD?

OP posts:
Thread gallery
18
Mirabai · 23/04/2024 21:12

prh47bridge · 23/04/2024 20:54

No, I wouldn't. If someone is held to be at fault in an accident, that is negligence.

In this circumstance she’s highly unlikely to be found to be at fault as it’s not clear cut. By the info the OP neither of them saw each other.

Whether she’s classified as a cyclist or a pedestrian - she’s kind of both - the HC gives both right of way at a junction. Moreover “those in charge of vehicles that cause the greatest harm in the event of a collision bear the greatest responsibility to take care and reduce the danger they pose to others”.

She shouldn’t have been riding on the pavement (unless she had been in a cycle lane that ended), but he should have been looking for anyone coming from the right or left, whether they’re walking, on a scooter, walking their bike etc.

JinglingSpringbells · 23/04/2024 21:13

MikeRafone · 23/04/2024 20:51

TheRainItRaineth where does it state this is for cyclists on the road? You've decided it means the road, it doesn't state road and wouldn't as roads aren't the only place where there maybe conflict at junctions

It's illegal to cycle on footpaths unless they are signed as dual purpose for cyclists and pedestrians. In which case the cyclist needs to slow down as they come to the end of the footpath and approach a road junction.

TheRainItRaineth · 23/04/2024 21:15

If motorists should be treating cyclists on pavements as if they were cycling in the road, then cyclists on pavements should also be treating it as if it were part of the road. In that case, this cyclist was on the wrong side of the road.

And the motorist may well have been looking for people coming from the left on foot but not expecting or allowing for someone coming at a speed sufficient to damage a car because that speed would be impossible for a pedestrian.

JinglingSpringbells · 23/04/2024 21:16

She shouldn’t have been riding on the pavement but he should have been looking for anyone coming from the right or left, whether they’re walking, on a scooter, walking their bike etc.

Since when could humans see round corners?

The cyclist was unsighted because of the hedge.

It wasn't like this was a cyclist in the road, where they were visible.

She was tucked out of sight by a hedge.
(See diagram.)

Just because there is now this 'give way' rule in the HC, it doesn't mean pedestrians or cyclists can walk or ride onto junctions, into oncoming traffic without checking what's coming.

This appears quite simple

she carried on riding at speed across a T junction, without stopping, where a hedge was hiding her from the view of cars. She was lucky not to be killed.

Mirabai · 23/04/2024 21:21

TheRainItRaineth · 23/04/2024 21:15

If motorists should be treating cyclists on pavements as if they were cycling in the road, then cyclists on pavements should also be treating it as if it were part of the road. In that case, this cyclist was on the wrong side of the road.

And the motorist may well have been looking for people coming from the left on foot but not expecting or allowing for someone coming at a speed sufficient to damage a car because that speed would be impossible for a pedestrian.

Edited

Either way both pedestrians and cyclists are classed as vulnerable road users.

As scooters can be ridden on pavements and bicycles by children under 10, not only allowing for speed is dangerous.

sandyhappypeople · 23/04/2024 21:23

MikeRafone · 23/04/2024 20:51

TheRainItRaineth where does it state this is for cyclists on the road? You've decided it means the road, it doesn't state road and wouldn't as roads aren't the only place where there maybe conflict at junctions

Bwah ha ha!! You should stop now, honestly it’s embarrassing.. you’re lecturing people about the Highway Code and you don’t even understand what it is you’re reading.

and you told me to “learn to read” earlier, you utter amateur.

Mirabai · 23/04/2024 21:24

JinglingSpringbells · 23/04/2024 21:16

She shouldn’t have been riding on the pavement but he should have been looking for anyone coming from the right or left, whether they’re walking, on a scooter, walking their bike etc.

Since when could humans see round corners?

The cyclist was unsighted because of the hedge.

It wasn't like this was a cyclist in the road, where they were visible.

She was tucked out of sight by a hedge.
(See diagram.)

Just because there is now this 'give way' rule in the HC, it doesn't mean pedestrians or cyclists can walk or ride onto junctions, into oncoming traffic without checking what's coming.

This appears quite simple

she carried on riding at speed across a T junction, without stopping, where a hedge was hiding her from the view of cars. She was lucky not to be killed.

Edited

She didn’t see him either because of the hedge, so they are equal on that score.

One could equally argue he carried on driving at speed across a T junction because he didn’t look carefully enough left and right to ensure no-one was trying to cross.

BouncebackBetty · 23/04/2024 21:25

Borris · 22/04/2024 22:14

Was she on the pavement? Because on the diagram it looks like she's on the wrong side of the road

That's what i thought. If she crossed on the pavement over the road without looking then sorry but it's her fault. There's no way the driver could have seen her coming if she rode straight over and he was pulling up at the junction.

BouncebackBetty · 23/04/2024 21:27

Mirabai · 23/04/2024 21:24

She didn’t see him either because of the hedge, so they are equal on that score.

One could equally argue he carried on driving at speed across a T junction because he didn’t look carefully enough left and right to ensure no-one was trying to cross.

...but you don't cycle straight across a road coming from a pavement in the opposite direction. You need to stop at that road and see if anything is coming!

Soontobe60 · 23/04/2024 21:27

Stigglet · 22/04/2024 22:32

It doesn’t matter. If a cyclist collides with a car the police need to be called. If the driver fails to call the police then he is at fault. Not at fault for the collision but at fault for not taking the appropriate legal steps after the collision. He will get in trouble for not calling the police. Doubly so because the other party was a child.

My DH was hit by a car when on his bike. It was totally the driver’s fault. I was with him at the time. The driver stopped, we exchanged numbers, checked for damage, I took pics of his car and the bike and we went home. No one called the police at the time.
Later that day, DH did call the police for advice. He was concerned that the river may well try to avoid paying for the damage to the bike. The police said they would log the event and if DH wanted to peruse it they would take further action. Nothing was said about failing to report the accident.

prh47bridge · 23/04/2024 21:30

Mirabai · 23/04/2024 21:12

In this circumstance she’s highly unlikely to be found to be at fault as it’s not clear cut. By the info the OP neither of them saw each other.

Whether she’s classified as a cyclist or a pedestrian - she’s kind of both - the HC gives both right of way at a junction. Moreover “those in charge of vehicles that cause the greatest harm in the event of a collision bear the greatest responsibility to take care and reduce the danger they pose to others”.

She shouldn’t have been riding on the pavement (unless she had been in a cycle lane that ended), but he should have been looking for anyone coming from the right or left, whether they’re walking, on a scooter, walking their bike etc.

Edited

I have never said it is clear. On the information posted by OP, it isn't. All I have said is that if OP's daughter caused the accident, she is liable for the damage caused.

TheRainItRaineth · 23/04/2024 21:33

Mirabai · 23/04/2024 21:21

Either way both pedestrians and cyclists are classed as vulnerable road users.

As scooters can be ridden on pavements and bicycles by children under 10, not only allowing for speed is dangerous.

I have absolutely never seen a child under ten on a bike on a pavement or a person on a scooter on a pavement going fast enough to damage a car or fast enough not to be able to stop in the sort of distance indicated on the diagram. If they are going that fast and I've just been lucky, they should not be. They should be riding their vehicles in a manner consistent with protecting the safety of more vulnerable road users ie pedestrians.

sandyhappypeople · 23/04/2024 21:34

Mirabai · 23/04/2024 21:12

In this circumstance she’s highly unlikely to be found to be at fault as it’s not clear cut. By the info the OP neither of them saw each other.

Whether she’s classified as a cyclist or a pedestrian - she’s kind of both - the HC gives both right of way at a junction. Moreover “those in charge of vehicles that cause the greatest harm in the event of a collision bear the greatest responsibility to take care and reduce the danger they pose to others”.

She shouldn’t have been riding on the pavement (unless she had been in a cycle lane that ended), but he should have been looking for anyone coming from the right or left, whether they’re walking, on a scooter, walking their bike etc.

Edited

the car driver in this instance only has to give way to pedestrians (or vulnerable road users) ‘crossing’ or ‘waiting to cross’ the road .. the Highway Code gives ABSOLUTELY ZERO rights of way to someone ‘approaching’ a side road.. it’s only when they get there and wait, that car drivers need to stop to let them cross.. so even if he had seen her, which I doubt he would have seeing as she was going at a great rate of knots, he was under no obligation to stop unless she was already there waiting to cross.

you are talking absolute nonsense.

Seeingadistance · 23/04/2024 21:34

Mirabai · 23/04/2024 21:24

She didn’t see him either because of the hedge, so they are equal on that score.

One could equally argue he carried on driving at speed across a T junction because he didn’t look carefully enough left and right to ensure no-one was trying to cross.

The driver didn't get that far. He was still on the side road when the cyclist hit him.

ZsaZsaTheCat · 23/04/2024 21:41

Sfuandtired · 22/04/2024 22:10

^^

This diagram makes it look like she was on the pavement.

Mirabai · 23/04/2024 21:42

Seeingadistance · 23/04/2024 21:34

The driver didn't get that far. He was still on the side road when the cyclist hit him.

He carried on driving a T junction (turning presumably) not noticing a person crossing.

Mirabai · 23/04/2024 21:43

sandyhappypeople · 23/04/2024 21:34

the car driver in this instance only has to give way to pedestrians (or vulnerable road users) ‘crossing’ or ‘waiting to cross’ the road .. the Highway Code gives ABSOLUTELY ZERO rights of way to someone ‘approaching’ a side road.. it’s only when they get there and wait, that car drivers need to stop to let them cross.. so even if he had seen her, which I doubt he would have seeing as she was going at a great rate of knots, he was under no obligation to stop unless she was already there waiting to cross.

you are talking absolute nonsense.

She was crossing.

sandyhappypeople · 23/04/2024 21:44

Mirabai · 23/04/2024 21:24

She didn’t see him either because of the hedge, so they are equal on that score.

One could equally argue he carried on driving at speed across a T junction because he didn’t look carefully enough left and right to ensure no-one was trying to cross.

They are not equal, he had right of way, she didn’t.. the only way she would have had right of way was to cycle up to the pavement edge and stop (still illegal), wherein he would have then stopped to let her cross.

do you think he should have binoculars strapped to his face when approaching junctions just in case someone half a mile away may want to cross in a minute?.. the HWC and the law is clear, that you should give way to people ‘waiting to cross’ or ‘already crossing’.

anything else you’re just making up to fit your agenda.

Mirabai · 23/04/2024 21:46

TheRainItRaineth · 23/04/2024 21:33

I have absolutely never seen a child under ten on a bike on a pavement or a person on a scooter on a pavement going fast enough to damage a car or fast enough not to be able to stop in the sort of distance indicated on the diagram. If they are going that fast and I've just been lucky, they should not be. They should be riding their vehicles in a manner consistent with protecting the safety of more vulnerable road users ie pedestrians.

The speed is not the issue so much as the size and weight of an adult bicycle. If it had been an under 10 she would have been smaller and so would the bike so it may have caused just a scratch.

I’ve seen 100s of people on scooters on pavements going too fast around London. They’re everywhere.

Mirabai · 23/04/2024 21:48

sandyhappypeople · 23/04/2024 21:44

They are not equal, he had right of way, she didn’t.. the only way she would have had right of way was to cycle up to the pavement edge and stop (still illegal), wherein he would have then stopped to let her cross.

do you think he should have binoculars strapped to his face when approaching junctions just in case someone half a mile away may want to cross in a minute?.. the HWC and the law is clear, that you should give way to people ‘waiting to cross’ or ‘already crossing’.

anything else you’re just making up to fit your agenda.

I’m not the one making stuff up to fit my agenda. She was near enough to the pavement edge to drive into him when he didn’t stop ergo he should have seen her.

sandyhappypeople · 23/04/2024 21:51

Mirabai · 23/04/2024 21:43

She was crossing.

no she really wasn’t, if she was already crossing HE would have hit her (or given way to her more likely), as it happens she failed to stop and wait, we know that because she rode into the side of his car.

fucking cuckoo land.

Februaryfeels · 23/04/2024 21:52

Stigglet · 22/04/2024 22:39

https://www.met.police.uk/advice/advice-and-information/rs/road-safety/collisions/

You don't need to report a collision to the police if you've exchanged details, nobody was injured and there are no allegations of driving offences.
You must report the collision to the police if you were unable to exchange details at the scene, if anyone was injured, or if you suspect that the other person may have committed a driving offence.
The child was injured. Therefore the driver must report the collision.

There was no "child"

17 year olds are legally allowed to drive. Are they children too?

Mirabai · 23/04/2024 21:54

prh47bridge · 23/04/2024 21:30

I have never said it is clear. On the information posted by OP, it isn't. All I have said is that if OP's daughter caused the accident, she is liable for the damage caused.

Hmm I said you’d be hard pressed to argue this as a case of negligence to which you replied “no I wouldn’t”.

Now you say it isn’t clear which I agree with.

BellsAndFootfalls · 23/04/2024 21:54

I am genuinely looking forward to this thread hitting 40 pages... whoever makes the last post wins the argument!

sandyhappypeople · 23/04/2024 21:55

Mirabai · 23/04/2024 21:48

I’m not the one making stuff up to fit my agenda. She was near enough to the pavement edge to drive into him when he didn’t stop ergo he should have seen her.

she wasn’t waiting to cross or actually crossing so the rest is irrelevant, are you honestly telling me the rules in the Highway Code don’t apply to her? M

or is it just that you don’t understand them?

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