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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:
DizzyFizzyLizzy · 09/02/2017 21:12

Omg he didn't reverse.

littledinaco · 09/02/2017 21:12

From your description it sounds like your DH is fully at fault.
Cyclist is established on cycle path and has right of way.
Your DH is pulling from driveway so it's up to DH to ensure it is clear and safe to pull from driveway onto road - which it obviously wasn't as there was a cyclist coming.

lougle · 09/02/2017 21:12

"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!"

*Your DH looked right, and it was clear.
*Your DH looked left, and it was clear.
*Then your DH moved off of the drive... No.

Where was his 'Look right again'?

You always do a second check to the right, to make sure that nothing has come while you were looking left!

And he did leave the scene of an accident. He should have reported it to the police. It's the law.

CherryChasingDotMuncher · 09/02/2017 21:13

Not sure how both ways could be clear then a cyclist appears from the right? Unless he was invisible? Your DH is at fault but he just has to explain to the police that he tried to help the cyclist, who managed to walk away with ease, but help was refused.

Also, totally missing the point but whats the difference between a path and a pavement?

lljkk · 09/02/2017 21:13

diagram, please.

In USA when a car crosses pavement to access a driveway, everyone on the pavement (sidewalk) has right of way over the car. Thems the rules.

I have never understood what the rule is supposed to be in UK, about who has right of way when a car & pedestrian both want to be on the same bit of pavement. Although I follow the American rule, it's obvious most drivers do not & would get irate about giving way to the pedestrian.

Anyway, it sounds like the cyclist path might have right of way?

Sorry this happened to him, OP. I am a mad cyclist, btw, but I understand we all screw up sometimes.

trinketsofgold · 09/02/2017 21:13

Sorry, presumed reversing as his visibility was limited.

Limited so much he pulled out in front to a Cyclist Hmm

AllTheLight · 09/02/2017 21:13

It's difficult to be sure from your description, but I can't see how it can be the cyclist's fault. Are you saying he deliberately cycled straight into the car? Surely it must have been that your DH pulled out in front of him? But the cyclist shouldn't have said your DH left the scene of an accident.

LadyintheRadiator · 09/02/2017 21:13

This reply has been deleted

Message withdrawn at poster's request.

Twiceover · 09/02/2017 21:14

Accident your DH's fault pulling out into path of cyclist. This happened to my DH on his bike recently and he was quite badly injured. I imagine the cyclist was in shock at the time of the accident.

WomanWithAltitude · 09/02/2017 21:14

If vehicle A pulls out into vehicle B's path and cause them to crash (because they don't have time to stop), then vehicle A is at fault. It doesn't matter what the vehicles are.

If you have a crash, you have a legal duty to report the accident. No matter whose fault it was or what kind of vehicle you hit.

Your DH is at fault on both counts here. The cyclist clearly reported the crash. Your DH didn't.

CherryChasingDotMuncher · 09/02/2017 21:14

I may be wrong but the slower vehicle/a person has right of way over the faster one?

Maroonie · 09/02/2017 21:14

Well the cyclist hit him- but he still should have reported it

VocalDuck · 09/02/2017 21:15

Even though the cyclist refused, he should have called to report the accident. I think you have to reverse onto drives, don't you as you shouldn't reverse onto a road in the situation you are describing.

As t is a blind corner, is it worth getting a mirror on the bend to help visibility to prevent any issues in future?

7SunshineSeven7 · 09/02/2017 21:15

Your husband should have reported, he should have looked to the right, then the left, then the right again. Your last look is always to the direction traffic is coming towards you to stop cars/cyclists reaching you like this.

DontTouchTheMoustache · 09/02/2017 21:15

I think the accident is your dh fault but the cyclist should not have left the scene and then reported it in this manner as it makes your dh look like he behaved far worse than he did. He obviously tried to help the cyclist and if being perfectly.honest I don't think many people would have reported it to.the police themselves if the cyclist had chosen to leave in this way.

TheFairyCaravan · 09/02/2017 21:16

The cyclist wasn't there when he looked and obviously he had to look both ways

Just because he didn't see the cyclist doesn't mean he wasn't there. People tend to look for car shaped objects, not bikes or motorcycles that's why there's always big campaigns to remind drivers to be more careful.

littledinaco · 09/02/2017 21:16

'The cyclist wasn't there when he looked'

The cyclist must have been there or there wouldn't have been a crash!
DH has failed to see him/not looked properly.

Foxysoxy01 · 09/02/2017 21:17

The problem is it sounds like your drive is just around a bend so if someone comes round the bend as you are pulling out both parties have no chance, or have I read this wrong?

If that's the case you really need to put up some of those mirrors that help you see what's coming on blind bends.

Your DH should have called at least 101 and got advice but then the cyclist should have stayed and not stropped off.

I can see the insurance laying the blame with your DH tho.

Hercules12 · 09/02/2017 21:17

Really? I disagree. I think most people know to report hitting someone to the police.

trinketsofgold · 09/02/2017 21:17

The cyclist wasn't there when he looked and obviously he had to look both ways

  1. It's not obvious he looked both ways
  2. I didn't know bikes came with teleportation devices
austenozzy · 09/02/2017 21:17

Claim scam. Happened to my dad at a junction renowned for it. The cyclist was a little sheepish when the bloke in the car behind my dad turned out to be a copper who saw her hiding by a bush and then ramming her bike into my dads car!

TheMythOfFingerprints · 09/02/2017 21:18

Of course the cyclist was there, he didn't fall from the sky!

ivykaty44 · 09/02/2017 21:18

If you are travelling along a straight road, then another vehicle pulls out from a side entrance/road and you crash into that vehicle - who's at fault?

1)The person travelling along the straight road with the "right of way"
Or
2)The person pulling out from a side entrance or road

If it is 1) then we should all be stopping at every side road and entrance if we see a car waiting to pull out

If its 2) then the ops dh is at fault

NerrSnerr · 09/02/2017 21:18

Your husband wasn't looking properly. Of course he was there because there was a collision which means he didn't look. Lots of people look but don't actually see. He also should have reported it.

bittapitta · 09/02/2017 21:18

The cyclist wasn't there when he looked and obviously he had to look both ways.

Sounds like your husband is a poor driver and for some reason was going too fast out of the drive. Obviously the cyclist was on shock and reacting with "fight or flight", he carried on shaken up - can you imagine how shaken up he must have been?! Your DH is in the wrong here.

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