DC knocked over a cyclist

[blueirishues]

The situation was that I pulled up and dc opened the car door, a cyclist went into it and over the top. My door is damaged and cyclist shouting all sorts about going to sue what are the rights and wrongs here?

@Cubtrouble

Bike or frame? There are plenty of bikes for 6k (most aren't used for commuting as their owners are too intelligent). The post I replied to was talking about a frame. A 6k frame likely builds a >10k bike.

Frame 6k, wheels 1500.

My husband has ridden to work on it.

I'd ask him for a full spec, but that would involve me telling him I'm debating with a stranger online that you wouldn't ride a bike like that to work. Especially if you are questioning his intelligence. Lmao.

My own bike- bianchi, £1500 frame, £1000 wheels, campag record bits. £who knows. Wouldn't ride it to work though- too far, too dangerous, too slow.

In my experience, most of us with bikes like that will happily talk about them until the other person falls asleep. I still for the life of me can't think or see what Colnago frame costs 6K.

but that would involve me telling him I'm debating with a stranger online that you wouldn't ride a bike like that to work. Especially if you are questioning his intelligence. Lmao.

Not has ridden but rides (habitually).

Please do ask. Are you confusing frame and bike?

You should have had child locks on. Even if the cyclist had been on the pavement why try to apportion blame? She could've opened the door onto someone elderly, disabled or a pushchair. Cars have the potential to be killing machines and many people don't consider this when using them. DH was knocked off his bike in similar circumstances and sustained minor injuries; the driver (female) was only interested in the damage to her car. Next time he was knocked off someone turned right in front of him. He spent 2 weeks in hospital, resuscitated x2, 8 broken ribs, punctured lung. All because some bloody driver didn't take care. Not to mention PTSD......

As a schoolkid I once had my right little finger broken by a woman in stationary traffic who decided to open the passenger door without looking. I was going very slowly, on the road, and the break was because of the force with which she flung the door open.

She shouted abuse at me, and, this being the 1970s, it was of course entirely the child's fault (i.e. mine). Ever since I have been very very lary of stationary cars, which annoys some car drivers behind me who think I should be hugging the row of parked cars. No thanks.

My daughter was harassed into hugging the row of parked cars, was clipped by the harasser (who drove off) and we spent a happy 4 hours in A&E having 8 stitches to her leg. Amazingly this didn't put her off cycling.

In Holland people are taught to exit their cars using the opposite hand, forcing them to swivel and look up the road behind them. It is part of their driving test. This website explains it rather better than I can!

www.dutchreach.org

Ironic the strength of anti cyclist feeling (demonstrated on this thread). Yet normally the worst the motorist "suffers" is a dented car or God forbid slower journey.

Cyclists have documented broken bones and fingers, lost eyes, hospital visits, yet much less resentment from them against car drivers.

As a cyclist my view is that no one really wants to hurt you. Therefore the best place to be is where you can be seen easily rather than where someone has to make a conscious effort to look (which they should do but often don't as demonstrated by stories in this thread).
It is therefore safer to piss off the car drivers behind you by riding well away from parked cars and holding them up than it is to hug the side of the road where a parked car may have a door suddenly opened.

This does take a thick skin but usually the worst that can happen is someone shouts at you rather than knocks you off.
There are off course idiots in all walks of life, some of them are drivers who will deliberately drive a car at a cyclist but they are rare and I haven't come across one yet.

Was your DC getting out of the car on the pavement side? If so the cyclist was under-taking which they shouldn't have been doing. If they're in the road they should overtake in the same way cars do. If DC got out on the road side then I'd say definitely your fault. Hope everyone was ok.

Three, another one who hasn't read the thread!!

Mum ski Dh did. A sixty something company director type in expensive car intentionally tried to hit him him because dh wasn't riding close to parked cars i.e. Doing what many posters on this thread have said cyclists should do. Dh pressed charges and the motorist was brought in for questioning but not charged much to our . Hopefully being hauled to police station would give a message anyway.

When I was a 10 year old child I wouldn't have paused to take a brief risk assessment before opening a car door for gods sake lol. The child shouldn't be made to feel any more guilty than she probably already does, shit happens. And if the cyclist is not injured then he should just chalk it up to an accident rather than penalise a TEN YEAR OLD.

It's not the 10 year old who is being penalised, it's the adult responsible. But all the penalty will be is a claim against her insurance, dependent on damage/injury if any. And how on earth is anyone here making the kid feel guilty??

A real shock to all, I hope you are alright. Thank you for swapping details with this person. I cycled in London for years (was hit once by a car, they gave me false details so couldn't claim and ended up having to buy new bike and spending money didn't have on osteopathy) so i a am very conscious of bikes and check mirrors before opening doors when driving. Some have said the Dutch reach is useless I think it's really quite good. You tube video hopefully attached m.youtube.com/watch?v=GzIf80eSfCg

He probably will sue (you as the adult) and is within his rights to do so. His bike could cost £1000 (or more!) to replace.

I live in fear of something like this happening to dh. He has taken out insurance for his bikes and himself but that wouldn't stop him being hurt and there's an excess obviously.

I don't see how the op is responsible.It was the child who was at fault .The OP could not even see her from where she was sitting.It is up to the cyclist to try and sue the girl ( and nearly certainly the court would ask why he hadn't got/wasn't claiming off his own insurance

Um, just a technical point- the child in question is 9 so sadly the cyclist can't pursue a criminal case against her. Shame eh? Still should go after the kid for everything though. She deserves it.

I'm sure on insurance it says that the liabilities of any passengers is also covered.

Um, just a technical point - the law is very clear in stating that the driver is responsible. Very clear. No matter which passenger opens the door,

^ this

It wouldn't be a criminal case either...

I don't get all the talk of punishment either. Who has said anyone deserves to be punished? It's only if the cyclist has suffered injury or damage to their bike then they should be suitably compensated. That is not punishment.

Its not a case of "punishment" though is it? Its a case of reimbursing the cyclist for damage to his kit/equipment. Why should he be out of pocket because of the action of a child who is in the OP's charge in and in her car? That doesn't seem fair to me.

I'm in complete agreement with you Kerala, but I feel you're banging your head against a brick wall.

Kerela1
Cars round here are a very slow form of transport, walking is the same speed & cycling faster. I can't see cycling holding up many drivers and in fact it's usually the drivers holding up the cyclists. Often by 4-5 mph