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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:
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18
Mirabai · 24/04/2024 08:38

prh47bridge · 24/04/2024 07:36

I was responding to your post claiming that an accident is not negligence and pointing out that it is. I was not saying who was negligent in this case, but the courts would find that one or both of those involved were indeed negligent.

An accident may be negligence, but it may not be. There are no fault accidents. And there are accidents where it is difficult to determine whose fault it was, or both parties were at fault.

sandyhappypeople · 24/04/2024 08:43

toomanyy · 24/04/2024 07:09

Why are you calling people dumb? You’ve instantly lost the argument there, grow up.

Don’t worry, I lost the argument engaging with someone who can’t seem to accept that a cyclist on the pavement going at speed, going straight across a road without checking it was clear, and not seeming to worry that she could have hit anyone who stepped in her way, is a problem…

but no, it’s the car driver who was just minding his own business who was doing something terribly wrong apparently.

CormorantStrikesBack · 24/04/2024 08:46

burnttoad · 24/04/2024 08:12

The OP says she didn't see him.
A car driving up to an intersection has no reason to stop short partway down the road a couple of meters back from the intersection on the off chance someone on a bike might be cycling along the pavement.

Sounds like the car was doing very normal thing of approaching an intersection when someone illegally riding their bike on the pavement appeared, was unaware of their surroundings and ran into the side of them.

Car drivers can not be responsible for people doing silly and unexpected things. Suddenly bolting out into traffic, falling off the kerb into moving traffic and illegally riding a bike on the pavement obscured by a hedge and suddenly appearing are examples of things that are not the car drivers fault.

I’m absolutely in agreement with you and I say that as a keen cyclist.

sandyhappypeople · 24/04/2024 08:49

the ONLY reason the accident occurred is because (a) she was riding on the pavement and (b) she failed to slow down and stop at the pavement edge like she should have done to check the road was clear, or wait till it was safe to cross.

its unfortunate it happened but the car driver is not at fault for the collision.

Mirabai · 24/04/2024 08:56

TheRainItRaineth · 23/04/2024 23:35

I'm a cyclist too. I've never gone over the handlebars. I don't think you understand physics. The force of impact is proportional to the speed the cyclist was travelling at.

On the contrary I’m aware that force = kinetic energy/ distance of impact. However you are assuming that the speed needed to produce the force to go over the handlebars is more than it actually is. I have done it at a relatively slow speed as I said.

Catsmere · 24/04/2024 08:56

sandyhappypeople · 24/04/2024 08:49

the ONLY reason the accident occurred is because (a) she was riding on the pavement and (b) she failed to slow down and stop at the pavement edge like she should have done to check the road was clear, or wait till it was safe to cross.

its unfortunate it happened but the car driver is not at fault for the collision.

This is it. It's entirely down to her careless (reckless?) cycling.

Mirabai · 24/04/2024 08:59

sandyhappypeople · 24/04/2024 08:43

Don’t worry, I lost the argument engaging with someone who can’t seem to accept that a cyclist on the pavement going at speed, going straight across a road without checking it was clear, and not seeming to worry that she could have hit anyone who stepped in her way, is a problem…

but no, it’s the car driver who was just minding his own business who was doing something terribly wrong apparently.

Except no-one has said it’s not a problem. It’s not even legal to ride on the pavement. They have just said a. there are other factors at play and b. the precise details are not clear.

prh47bridge · 24/04/2024 09:02

Mirabai · 24/04/2024 08:38

An accident may be negligence, but it may not be. There are no fault accidents. And there are accidents where it is difficult to determine whose fault it was, or both parties were at fault.

As far as the courts are concerned, a true "no fault" accident is rare. What is often classed as a "no fault" accident is one where both parties have been equally negligent.

Mirabai · 24/04/2024 09:03

prh47bridge · 24/04/2024 09:02

As far as the courts are concerned, a true "no fault" accident is rare. What is often classed as a "no fault" accident is one where both parties have been equally negligent.

And we don’t know the details of this accident, so it’s not clear. It’s not likely to go to court either so it’s a moot point.

toomanyy · 24/04/2024 09:07

sandyhappypeople · 24/04/2024 08:43

Don’t worry, I lost the argument engaging with someone who can’t seem to accept that a cyclist on the pavement going at speed, going straight across a road without checking it was clear, and not seeming to worry that she could have hit anyone who stepped in her way, is a problem…

but no, it’s the car driver who was just minding his own business who was doing something terribly wrong apparently.

I do agree with you that it was the cyclist's fault.

Gabiabbi · 24/04/2024 10:15

17 is a child, whether or not you think it isn't 🤣

Gabiabbi · 24/04/2024 10:16

StMarieforme · 23/04/2024 17:27

Child?!
Good grief.

17 is a child, whether or not you think it isn't 🤣

Catsmere · 24/04/2024 10:20

If she's that unsafe on a bicycle, maybe she should use the path for its purpose - walking. Or if the distance is too great, learn the rules and control of her bike.

BIossomtoes · 24/04/2024 10:28

Gabiabbi · 24/04/2024 10:16

17 is a child, whether or not you think it isn't 🤣

Not on the road it isn’t. Pretty worrying that we’re giving children driving licenses and letting them drive unaccompanied.

Gabiabbi · 24/04/2024 10:33

BIossomtoes · 24/04/2024 10:28

Not on the road it isn’t. Pretty worrying that we’re giving children driving licenses and letting them drive unaccompanied.

The 17 year old wasn't driving.

taxguru · 24/04/2024 10:37

NewYearTimeToChange · 24/04/2024 06:52

Many pathways in the area I live in are dual pedestrian/cyclist and have signs confirming this so perfectly legal and right for cyclists to use them.

All the designated shared pathways around here that I know of have "give way" markings on the cycle side of the path at road junctions so cyclist must give way for vehicles using the junction and not just plough on through with no regard for themselves or anyone else. For example:

https://www.google.com/maps/@54.0602161,-2.8590249,3a,75y,220.57h,85.98t/data=!3m7!1e1!3m5!1savNhKoTu_v6hYbplqSs5HA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fpanoid%3DavNhKoTu_v6hYbplqSs5HA%26cb_client%3Dmaps_sv.tactile.gps%26w%3D203%26h%3D100%26yaw%3D183.23325%26pitch%3D0%26thumbfov%3D100!7i16384!8i8192?entry=ttu

Before you continue to Google Maps

https://www.google.com/maps/@54.0602161,-2.8590249,3a,75y,220.57h,85.98t/data=!3m7!1e1!3m5!1savNhKoTu_v6hYbplqSs5HA!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fpanoid%3DavNhKoTu_v6hYbplqSs5HA%26cb_client%3Dmaps_sv.tactile.gps%26w%3D203%26h%3D100%26yaw%3D183.23325%26pitch%3D0%26thumbfov%3D100!7i16384!8i8192?entry=ttu

Catsmere · 24/04/2024 12:06

Gabiabbi · 24/04/2024 10:33

The 17 year old wasn't driving.

This one wasn't, the point is she could be.

prh47bridge · 24/04/2024 13:37

Mirabai · 24/04/2024 09:03

And we don’t know the details of this accident, so it’s not clear. It’s not likely to go to court either so it’s a moot point.

This started with you saying, wrongly, that she can't be sued because of her age. I pointed out this was wrong. You then said, wrongly, that an accident is not negligence. I pointed out this was also wrong. You now say it is a moot point because it isn't likely to go to court.

No, we don't know the details of this accident. However, you really can't say whether it is likely to go to court and nor can I. It depends whether the driver believes he can show that OP's daughter was at fault and how determined he is to recover the cost of repairing the damage to his car.

BIossomtoes · 24/04/2024 13:41

Gabiabbi · 24/04/2024 10:33

The 17 year old wasn't driving.

We still allow 17 year olds to drive. Are they Schrödinger's road users? Children riding on bikes and adults driving cars?

Mirabai · 24/04/2024 14:42

prh47bridge · 24/04/2024 13:37

This started with you saying, wrongly, that she can't be sued because of her age. I pointed out this was wrong. You then said, wrongly, that an accident is not negligence. I pointed out this was also wrong. You now say it is a moot point because it isn't likely to go to court.

No, we don't know the details of this accident. However, you really can't say whether it is likely to go to court and nor can I. It depends whether the driver believes he can show that OP's daughter was at fault and how determined he is to recover the cost of repairing the damage to his car.

You have confused me with another poster as well as making false claims about my actual posts. I never said she could not be sued for her age, that was someone else.

Nor did I say an accident is not negligence: some accidents are caused by negligence and some are just accidents.

Had the driver stayed at the scene, called police and taken time to establish the cyclist’s fault, one could infer he might take it to court if necessary. As it is the damage may not merit the hassle of court and he would have to explain why he left the scene after a collision with a teenager.

prh47bridge · 24/04/2024 15:18

Mirabai · 24/04/2024 14:42

You have confused me with another poster as well as making false claims about my actual posts. I never said she could not be sued for her age, that was someone else.

Nor did I say an accident is not negligence: some accidents are caused by negligence and some are just accidents.

Had the driver stayed at the scene, called police and taken time to establish the cyclist’s fault, one could infer he might take it to court if necessary. As it is the damage may not merit the hassle of court and he would have to explain why he left the scene after a collision with a teenager.

Edited

My apologies. It was indeed another poster that said she couldn't be sued due to her age. You then said, "You’d be hard pressed to argue this as a case of negligence. It was an accident." Given that, as you have said in your more recent posts, we don't know the details of this accident, that is an optimistic conclusion to say the least.

The driver stayed at the scene long enough to get OP's daughter's details. She didn't ask for his details and, according to OP, was uninjured. He was therefore not required to stay any longer. He did not need to call the police (who may not have attended anyway for a minor incident like this), nor did he need to take time to establish fault.

If it goes to court, it will, like most RTA cases, be his word against hers. If she was riding on the pavement, that will go against OP's daughter. If she was in a cycle lane there would almost certainly have been give way markings, so that will go against OP's daughter. If she went into the side of the car, that is likely to go against OP's daughter. These are all "if" - we don't know from OP's posts whether any of them are correct. However, he may well feel he has enough to convince the court that, on the balance of probabilities, she was at fault.

And no, he wouldn't have to explain why he left the scene. That is not in any way relevant to the question of liability, which is the only thing the court would look at.

Mirabai · 24/04/2024 17:46

On the existing data the argument for a strong case for negligence is no less optimistic.

There is no way I would take the word of teenager who had just gone over the handlebars and banged their head on my car window. People can die of head or neck injuries that seemed like nothing at the time. If that kid later had a seizure or brain haemorrhage it would be on you. Any head injury needs to be checked by a medical professional. I strongly suggest you don’t ever attempt anything so silly.

If he had been speeding, on his phone, not paying attention that would go against him. It could go either way. If OP is correct that he was turning, how did he not see a cyclist?

You say he didn’t need to take the time to establish fault but if he has any inclination to take her to court then that’s exactly what he should have done - photos and all.

Had I been the driver I would done what any responsible adult should - call the relevant services and the parents, and established then and there they were genuinely ok, and that I was not at fault. If he didn’t take that option, perhaps he’s aware he was partly to blame.

YeahComeOnThen · 24/04/2024 18:52

@Sfuandtired

How is DD doing?

BellsAndFootfalls · 24/04/2024 20:25

So I think it's settled?

BellsAndFootfalls · 24/04/2024 20:25

The car driver is at fault?

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