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.

He was probably taking pictures of the scene afterwards so that he can claim the damage to his bike on his insurance (assuming fully comp), or, if he was a bike courier it may be that he was asked to take pictures etc by his work, also for insurance claims. You are always told after an accident never to admit fault at the time, also and riders own helmet cams can and are used by the police to establish evidence against the rider, not only by riders to establish evidence against someone else.

FWIW, he was also likely to have been hurt in the accident and in shock (coming off a motorbike even at slow speed is really not like coming off a pushbike). Did the ambulance people not check him for injuries too? I've known people break bones coming off even at slow speed, especially if the bike falls on top of them (weighing usually upwards of 180kg without fuel, panniers etc).

Collaborate, the OP says that he was crossing the road when the bike hit him. The motorcyclist would have had plenty of time to stop if they were riding correctly, because you should always be prepared to stop when you approach a junction requiring you to give way.

Did you use the Green Cross Code before crossing the road? Thats Rule 7 of the Highway Code. :)

Rule 7 states that if traffic is coming, let it pass. That obviously applies to traffic in the road you're trying to cross.

Which is why rule 8 clarifies that if you've started to cross, you have right of way. It also states that you should check behind you for traffic turning into the road. This is because the government has data proving that a reasonable proportion of road users don't give a fuck about anyone else.

I get that he was being a dick and you were in shock but you do sound a bit larey. I don't think you are allowed to push someone who is a foot away from you and say it was self defence.
He was probably in shock too and I'd hope after he calmed down and spoke to police he would realise that he was in the wrong.

As an aside, I work at a physio and would definitely get a claim in. Some injuries don't show their true selves for a couple of months. The nhs can have you waiting two months after a referral and private whiplash treatment would be about £250-400 here for a basic case. People involved in accidents generally get unlimited physio and can be seen within a week of sending off paperwork.

thanks, inabeautifulplace. I don't intend to set out the gory details of the accident here but I was crossing at the dropped kerb and was about halfway across the road when I was hit - he took the corner very wide and very fast.

margatgirlik, the other guy didn't come off his bike and was completely unhurt. he didn't appear in shock (or indeed remotely bothered) either.

I don't think you are allowed to push someone who is a foot away from you and say it was self defence.

If it genuinely was only a foot away then I would say that that would count as intimidating behaviour. Its 12 inches, less than the length between your elbow and your finger tips, so literally "in your face". I think I would either step back or push away if someone was that close to, especially if they were angry or threatening, and its sounds like he was.

That said, OP was it really a foot as that is very close? Was it close to a yard/metre which is about a stride away, there is a big difference. YOu need to be sure of your facts in case he does try to get you arrested.

I suspect you'd have heard by now if he'd made a formal complaint against you, as the police would have called you in for interview.

Do make a claim for your injuries. There's no reason why you should give his insurers a bonus by letting this go.

You were in a state of shock and felt physically threatened. Hence the push and bad language. I can see why you're worried (something similar happened to me after a car accident) but I don't think you need worry.

I ride a motorbike, and while I'm not for one moment saying you're in the wrong, you should be aware as a road user also that motorbike stopping distances are much longer than cars, and the weather could also have been an issue. If you were jogging on the road, obviously that's going to go against you, but if he was turning a corner and hit you it sounds odd that he was going fast enough to send you flying thirty feet, as you have to slow down considerably while cornering especially in this weather so his footage may well go against him.

The amount of times I've been (legally) filtering through stopped traffic and I've had a pedestrian walk out in front of me as I'm doing maybe 15mph, totally unaware that I can't stop in two feet, is incredible. I've dropped my bike, causing damage after a mum pushing a buggy walked straight out without checking, then just carried on walking.

I wouldn't worry about the push, as I said his evidence may well go against him, the very reason he has a helmet camera will be he's had something similar happen before, so that'll be interesting. I'd definitely get legal advice and I hope you recover fully, you could have been seriously hurt or worse. Have to also say that the LAST thing I'd be thinking about if I'd hit a person was the state of my bike! Bloody horrible person.

Well if OP was able to push him (without stepping forward) then he was within armslength to her and i would consider that threatening from a clearly angry man who had already ignored one request to stay away.

Police would not be interested. I was assaulted by a neighbour and they refused to charge her despite witnesses as I was not really injured by it, I was just annoyed.