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?

If it was the latter I'd possibly do the same as I'd never think that someone would by cycling along the tiny gap between a parked car and the pavement!

But I would look anyway because there is a good chance of there being a pedestrian on the pavement.

Sorry blue...please for us being daft. The DC who opened their door was behind the drivers seat and the bike was on the road...is that right??

Attached photo!

Yes it is your fault. And as the door was opened into the road you are so lucky it wasn't hit by a car instead.
I'm sure your child will have learnt a lesson from this but you do need to recompense the cyclist to fix / replace his bike.

Thanks

I'm so glad your partner wasn't badly hurt and that he didn't have to go through the carry on of suing the driver.

Accidents happen - it's awful, but it's life - taking responsibility for our own carelessness is something that we all need to do. My son was also very shaken - he had had a hell of a shock as he nearly went under another vehicle coming the other way (though no cars stopped to help).

Blueiris - I wouldn't give the child involved a thorough bollocking as some are suggesting - I'm sure that the shock she had will be enough to make her careful - but I would emphasise the importance of checking before opening car doors - for her own sake as well as for that of others. Had that been a car or motorcycle that hit the door as she was opening it, the door could have been torn off and she could have been dragged under the wheels. There could have been a lot of injured people.

I would remind her each time she gets out of the cars (and any other passengers you might carry). And wherever possible, get out on the pavement side for everyone's sakes.

I might be wrong, but I always thought that you had to inform the police in road accidents where someone was injured?

I haven't RTFT so apologies if this has already been mentioned

Sorry - first part of the above was directed to Monnie

"The DC who opened their door was behind the drivers seat and the bike was on the road...is that right??"

Looks like it!

No wonder I was confused as it would never occur to me that a child would get out by themselves onto a road!

I would find Dutch Reach difficult from some angles due to an injury I have to one arm which restricts the movement somewhat but I do agree with it being taught. I do ALWAYS make a point of looking all around before opening the car door, even out of habit when just parked on my own driveway!! It is also one of my battle-cries to my DDs, even now that two of them at least are grown up.

Molecule, it was also one of my "unbreakable rules" too. Get out onto the footpath. In fact, car safety as a whole always was. I also always ask them have they got their seatbelts on etc. before I will go anywhere. My "children" are now aged 21, 18 and 14. I say all of this to their friends too if they are coming with us.

None of us is perfect. This thread is a reminder of just how important looking properly is, and what can happen so quickly if you don't.

I said read the riot act earlier, and yes, I would have done, though I do realise that it isn't a lesson that anyone involved will ever forget.

So, to clarify, you had parked in a parking bay on the opposite side of the road, against the flow of traffic? The child opened the passenger door without seeing there was a cyclist heading straight towards her?

Was it dark? Did they have lights on?

Still hard to understand how she didn't see them - agree with PP, thank God it wasn't a car and she didn't just get out into the path of an oncoming vehicle.

Jesus OP you're being clear as mud 😂

So child wasn't in the passenger seat.

They pulled up on the left.
Stayed still.
Dc was sat behind driver next to the road.
Then she opened the door.

No, but I think we're all confusing each other, now. Dc was in the passenger seat.

Obviously cyclists have no responsibility for anything anymore!

Tequila - when my son was injured he phoned the police - they said they didn't need to come out as if he was okay to make the phone call his injuries weren't serious enough to merit an officer attending (Northumbria Police - I'm looking at you!).

When the driver later refused to take responsibility, or give his insurance details the price did come out - and DS said the officer was shocked no-one had attended - apparently the call lines are largely staffed by "hobby-bobbies"' and they don't know what they're talking about (which is very reassuring, isn't it?). Told him to call an ambulance next time (I hope there won't be one). Problem was he was severely concussed and in shock, and didn't realise how badly hurt he was, so didn't think he needed an ambulance. Course, by the time the police were involved the car wasn't in its original position, there were no marks on the road, the driver had pulled himself together etc, and CCTV didn't show the road only the pavement.

monkey I'm sorry, but I can't for the life of me see where I haven't been clear.

I had parked.

Dc opened the door.

A cyclist cycled into the door.

This was the road.

Other stuff is largely irrelevant!

*police, not price

Obviously.

Diagram doesn't make sense if DC was in passenger seat. Do you mean rear seat? Or are you in another country than UK?

Glad cyclist ok. When I cycle I always leave lots of room as scared of this happening to me.

So your car is a left hand drive then?

But I would look anyway because there is a good chance of there being a pedestrian on the pavement.

Yes actually, I would. But I expect pedestrians would be moving more slowly not suddenly appear. Unless bionic or one of the Incredibles!

" OP you're being clear as mud "

Absolutely!

Those in control of a vehicle have responsibility to ensure that they are fully in control at all times and are driving or riding at an appropriate speed - they MUST be travelling at a speed where they are able to stop if an unsafe situation develops, regardless of the speed limit. If a cyclist passes on the inside of a parked car, they know that a door may open and therefore must ride at a speed where they can stop. If they are overtaking on the outside, they should leave a doors-width gap between themselves and parked cars (just as drivers should leave a decent gap between them and a cyclist they are overtaking).

I wouldn't worry about any "legal action" from the cyclist - parents are not normally found legally accountable for their child's actions. It sounds like you have a case against the cyclist as the collision was partly caused by them cycling at a speed where they were not able to avoid your car. But I doubt you'd get far with that, cyclists aren't insured after all.

So you had parked with the flow of traffic, child next to you opened the door. how did they hit a bike on the road?

I'm totally confused now ...

Was the door already open when and the cyclist bikes into your door or did your DC open it just as the cyclist went past?