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AIBU?

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Original poster

SURELY DH didn't "run over" this cyclist??

364 replies

justanotherburd · 09/02/2017 21:02

I've namechanged

DH got into an accident with a cyclist this evening.

We live in a house with a cycle path going along in front of it- it goes driveway, path, pavement, road but the drive is at a sort of angle not directly in front of the house and we live next to a corner so the visibility is poor.

DH was going down the drive and road was clear. Looked right- clear, looked left, moved off of drive and then a cyclist smacked into the right of his car! He fell off his bike and DH jumped out to see if he was OK. Cyclist started yelling at him but DH thought he'd just got a shock, tried to calm him down and pick up the guy's bike. He then offered to drive the man to the hospital, cyclist refused, and the front of his bike was bent so he just walked away dragging the bike along.

DH then realised that the side panel of the car is quite scratched, but it's an old car and obviously that wasn't the first concern. Wrote it off to "life" and went off to work (he works evenings)

I had a phone call from police on the land line asking for DH though they wouldn't say why, gave them his mobile and he's just rung me saying they want to speak to him about leaving the scene of an accident after injuring this man!!! SURELY this isn't DH's fault?? He did everything he could and the man refused his help!!

I'm now angry as actually I think it WAS this cyclist's fault- and surely it was HIM that left the scene of him damaging our property! I saw what happened after the initial "bang" and then looking out upstairs window but was feeding DC and by the time I'd got downstairs the man had gone.

OP posts:
GabsAlot · 10/02/2017 20:55

nice one op

bet some pp feel a bit stupid now-sounds like cyclist was drunk aswell

therealpippi · 10/02/2017 21:10

Sounds like you live in a rough area,

ShockHmm

angeldelightedme · 10/02/2017 21:23

Does not change the fact that your DJ was parked across a cycle path on a blind corner and failed to report an accident. If the cyclist was up to no good in the area then he is hardly like to ring the police and tell them

SoupDragon · 10/02/2017 21:47

Parked! PMSL.

chubbylover78 · 11/02/2017 17:35

It is not illegal to reverse into a main road but it is not advisable - this is for safety reasons. ... If an accident occurred due to you reversing onto a main road from a minor road then there may be the possibility of you being prosecuted for driving without due care and attention.
Says ot all really.

bruffin · 11/02/2017 17:52

OP
a friends ds was involved in a similar accident, the police said it was his fault. She then tried to sue his company, he was in a company van coming out of company premises. She then tried to sue company for 10s of thousands for missed work.

jayne1976 · 11/02/2017 18:21

Not saying it wasn't your husbands fault. In defence why refuse help then report it to the police? Is the cyclist just as guilty of leaving the scene? Has someone later filled his head with you can claim for this scenarios?

MaisyPops · 11/02/2017 18:43

Sounds like if the cyclist had no lights etc then they are at fault. But id be wary of saying they'll be able to get massive injury claims.

Friend of mine was hit by a car when they were cycling. Entirely driver's fault, police called, ambulance & medical treatment, police said it was open and closed case because the driver admitted liability. The drivers insurance company still tried to pull the payout down by arguing utter nonsense like "but you cycle anyway so there might already be some wear and tear on your leg. Unless you agree to investigative surgery we arent willing to pay out. Oh and you should pay 75% of thr private surgery costs." It took over a year to get to a settlement with my friend needing legal representation. Insurance companies can be awful.

Sounds at worst its 50:50 and if the cyclist refused medical treatment etc then they must have known its not that bad and its only later in the day theyve decided there might be quick cash to be made.

Sara107 · 11/02/2017 18:53

I think that it's a good idea to report to police, always, no matter whether the other person says it's all fine, or whose fault it is. Because people can always change their mind afterwards and decide that they aren't fine with what happened.

allthelove · 11/02/2017 18:59

I think your DH was at fault but the cyclist left the scene of the accident - or your DH.

But it was an accident.

My husband and I were involved with an accident with a cyclist where he (the cyclist) ran a red light at a cross road. He hit us at at least 30 mph and went flying got across the bonnet, hitting off the windscreen on the way. I don't think he'll be running a red light again in a hurry. The damage to car wasn't the worst but it cost us a fair bit to fix. Accident happen however, he wasn't spoken to by the police despite 6 witnesses waiting at the lights to cross who saw it all happen. I get a bit annoyed that drivers seem to be the only ones who carry any responsibility.

allthelove · 11/02/2017 18:59

*not your DH

barinatxe · 11/02/2017 19:10

The cyclist is clearly at fault here - he was riding without due care and attention and got his just reward for his behaviour.

However your husband should have reported the incident to the police. Incidents have to be reported if the parties do not exchange names and addresses at the scene of the accident, even if nobody is actually hurt.

Typically, the cyclist has lied to the police and claimed that your husband failed to stop. This is clearly untrue - the cyclist has got home, realised that his error has wrecked his bike, and instead of being honest sees a chance to con the police and your husband's insurance company in order to get it replaced.

It is a sad state of affairs when a cyclist's word is believed against a driver's, but that seems to be where this country is headed.

The fact remains that when a cyclist is involved in a collision they are then primary cause in up to 90% of cases. As with this instance, the cyclist is to blame, unfortunately he is happy to lie to the police and try to defraud the insurance company too! Cycling remains the most selfish mode of transport, and with riders like this it is not much of a surprise.

Hopefully the police will see through the cyclist's deceit and prosecute him.

GreenShadow · 11/02/2017 19:32

I'm afraid councils aren't allowed to put up mirrors on highways anymore. Whether they allow private individuals to varies from authority to authority. You might have a fight on your hands, but good luck.

ivykaty44 · 11/02/2017 19:44

It is a sad state of affairs when a cyclist's word is believed against a driver's, but that seems to be where this country is headed.

Ffs if that's not the biggest pile of wank written, is this poster a daily mail journo?

53rdAndBird · 11/02/2017 19:56

barinatxe, that is so batshit it's gone right the way back round to hilarious. You're welcome to come have a ride on my bike some time - I've got a child seat on the back that'd suit you fine Grin

Dilligaf81 · 11/02/2017 23:11

This has happened to me as a cyclist. I left without exchanging details as was in shock and on my way to work. When i arrived at work i realised my bike was a write off, i wasnt at fault and should have reported it to the police. I didnt say the driver lefy the scene though just that we hadnt exchanged details.
If your husband has crossed a path into the cycle lane its definitely his fault.

Dilligaf81 · 11/02/2017 23:17

Barinatxe where do you get your facts? 90% of accidebts involving cyclists are caused by them ??
Also if it was a blind bed and a car has crossed a pathway and cyclelane before getting to the road he is 100% at fault and nothing the cyclist could have done.
Yes he shouldnt have said the driver left the scene (if those were the words used) however as the driver didnt give the cyclist his details or report the accident to the police technically that is exactly what he did.

exaltedwombat · 11/02/2017 23:24

Main point of all this - drivers DON'T always see cyclists. So cyclists must assume their right of way might not be respected. In the same way as you don't just walk onto a zebra crossing, you check that vehicles have seen you and are going to stop. I appreciate this is a bugger for cyclists. They want to have a clear path and get up some speed. But, unless it's a completely segregated cycle lane, they can't. There's no point in being in the right if you're dead.

Secondary point - your DH knows the road layout round your house. If there's a blind bend, he must assume someone may be coming round it.

zoemaguire · 11/02/2017 23:55

"Cycling remains the most selfish mode of transport"

Wow that is a whole new level of batshit.

categed · 12/02/2017 05:31

It sounds like an awful layout and a silly place to have a cycle path. Perhaps when you write to the council you need to ask their road planners to come out and have a look at access to and from your drive. If your house and drive were there before the cycle path then maybe the council need to change/end the cycle path at the corner to ensure all are kept safe. Because what happens if you are turning onto the driveway from a busy road and it happens again, at a time when to stop or pull back may cause a pile up?
Also we are quick to say the cyclist may have been shaken etc, I am sure they were but so potentially was your dh so all reasons for not swapping details apply to him with the cyclist moving off and shouting at your husband also making it difficult.
I am not saying who is or isn't to blame here, I wasn't there don't know your area but from your description and what others are saying about cyclists not having to stop, path must be kept clear at all times etc then it sounds as if your driveway is unusable and you need to have a conversation over safe access to your property with the local council.

bruffin · 12/02/2017 08:33

Ops car was stationrry. It wss 100% the cyclists fault, they should be looking where they are going.
i know of 2 accidents exactly like this and both times it was deemed the cyclists fault.
cyclist are on reason i dont drive becausr they scare the life out of me because of the irratic behaviour. too many dony even have lights on or wear bright colours. so you cant see them.

mumindoghouse · 12/02/2017 08:40

You are supposed to stop long enough to exchange name address reg no and insurance details, or if that is not possible report to police ASAP.

SoupDragon · 12/02/2017 08:46

Also if it was a blind bed and a car has crossed a pathway and cyclelane before getting to the road he is 100% at fault and nothing the cyclist could have done.

Apart from have lights on his bike to make him visible in the evening light.
And anticipate that there was a bend he couldn't see round.

ShowMePotatoSalad · 12/02/2017 08:52

So a cyclist who doesn't have working lights takes a blind corner and slams in to a car coming out of a driveway.

I don't think it's your DH's fault at all. However he should have reported it to the police and told them that there's been a collision and the cyclist has refused medical help and may be in shock. Then he should have rung the insurance company.

ivykaty44 · 12/02/2017 09:11

quick exit and this explains a) why he'd got up such a speed (coming directly over the road from the track rather than round corner) and b) why he was keen to leave sharpish

There wasn't a blind corner taken at breakneck speed, the op thinks the bike came from a different direction, one of wrong sounds and shifty business

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