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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:
Original poster
justanotherburd · 09/02/2017 22:04

cdtaylornats he did have those big over-ear headphones on but it's bloody freezing so they may well have been ear muffs! No helmet. The bike was quite unusual, it didn't look like a normal road bike or mountain bike so maybe it's quite valuable.
Not sure if he had a camera but the neighbours over the road have CCTV after they were burgled. Not sure where exactly it points and I doubt right across the road but will tell the police about it when they come round. Police advised DH not to discuss with insurance company until preliminary checks done. We wouldn't have called them about the scratches anyway.

OP posts:
peggyundercrackers · 09/02/2017 22:04

Sounds like the cyclist has been a bit of a twat and came flying round the corner and whacked into a stationary vehicle. The cyclist injuries cant be that bad if he doesn't want to go to a&e, no doubt his story embellished to try and make the driver look bad and they probably want to put in a Claim for injuries...

CointreauVersial · 09/02/2017 22:05

Reading up about it, you only need to inform the police if you didn't exchange details.

ivykaty44 · 09/02/2017 22:05

Did your dh have a pair of braces on op?

MuncheysMummy · 09/02/2017 22:06

Oh and to those saying your DH should've rung the police...I rang them from the scene of a crash where I Was stationary and a motor bike ran into the side of me at about 30mph it was terrifying! They refused to attend as nobody was in need of an ambulance and said it wasn't a police matter...I said it really is he was speeding and on totally the wrong side of the road to avoid having to slow down to take the sharp bend (I has time to stop and watch as he skidded towards me whilst braking!) nowhere I could escape to as narrow two lane county lane with very high kerbs either side. I had to peruse him for damage to my car through his insurance my car was only 8months old :(

Original poster
justanotherburd · 09/02/2017 22:09

ivykaty44 for teeth or the ones 80s bankers wore!? No to both, why?

OP posts:
ivykaty44 · 09/02/2017 22:14

Personally, I would recommend making sure that the car sees you even if legally you have the right of way as a pedestrian...not much good being in the right if you're flat and dead.

The reason they are in the right is they need protecting and motorists need to look carefully and drive at a speed that won't hopefully kill a pedestrian

BertPuttocks · 09/02/2017 22:14

If the car had stopped on the cycle path then surely rule 240 of the Highway code would apply?

"You must not stop or park on....a cycle track."

www.highwaycode.info/rule/240 (Adding the link in case I've got it wrong).

ivykaty44 · 09/02/2017 22:16

Justanotherburd

You mentioned a helmet, was there a point to you mentioning a helmet?

MikeUniformMike · 09/02/2017 22:17

Round here, it seems compulsory to use a mobile phone whilst cycling without a helmet or lights or high viz, going the wrong way down a one-way street, even when it's dark.

DriftingDreamer · 09/02/2017 22:17

Bloody hell- if cycle paths are made at the end of drive ways, cyclists need to take some responsibility.
I say this as a non driver....

coolaschmoola · 09/02/2017 22:19

The issue is that the person entering or leaving a driveway does not have right of way - pedestrians and cyclists on cycle paths do. If your husband crossed into the path of a cyclist legitimately using a cycle path, whilst leaving the drive, he is at fault.

He is also at fault if he was stationary because he was obstructing the cycle path - which is also an offence.

Whenever you cross a foot or cycle path you are responsible for making sure that a) it is clear and b) that you don't obstruct it. Your DH did one of these (even though it's a bit hazy as to which it was) so yes, he was at fault.

Original poster
justanotherburd · 09/02/2017 22:19

ivykaty44 someone asked if he had a helmet cam, and someone asked if he was wearing headphones

OP posts:
peggyundercrackers · 09/02/2017 22:24

BertPuttocks I would also think rule 62 of the Highway Code applies.

Rules for cyclists (59 to 82) - Always be prepared to slow down and stop if necessary. Take care near road junctions as you may have difficulty seeing other road users

a stationary vehicle in you pathway would mean its necessary for you to stop.

CantSleepClownsWillEatMe · 09/02/2017 22:26

While I have lots of sympathy for your husband I also have many years experience in insurance claims and unfortunately, based on your description of the accident, you husband would most likely be found liable here. At best some contributory negligence could be argued against the cyclist but the onus is on the driver to ensure it is safe to pull out. Cyclists, cars, pedestrians don't come out of nowhere, your DH didn't see him.

I wouldn't worry too much about the leaving the scene aspect. What you've described is not uncommon and as long as DH assists with an investigation there shouldn't be an issue there. He needs to report it to his insurer though!

ivykaty44 · 09/02/2017 22:27

Justanotherburd, but none of those things matter, you didn't ask why they asked those questions, but you asked why I wanted to know whether your dh was wearing braces...

No one asked whether your dh was listening to music in the car or whether he had a scarf round his neck as it's not relevant

Original poster
justanotherburd · 09/02/2017 22:29

DH just rang. Police have a job nearby DH work so are going to take statement from him then come here and look at the "location", his base is only a couple of miles away. Not sure what they expect to see in the dark though! The one streetlight on the corner is a bit crap. He said police officer was nice, that she reassured him it was "unlikely any crime has been committed" and that they just need to come and do these bits in case man decides to press charges. However apparently as he showed them his broken bike and they saw it had no lights on it that's a crime anway Shock so he may not want to take it any further. I had no idea it was illegal to cycle without lights!! (obviously highly illogical to do it, but illegal, no clue)

OP posts:
DriftingDreamer · 09/02/2017 22:29

Anything that negatively impacts on concentration for cyclist or driver, is surely relevant....

Original poster
justanotherburd · 09/02/2017 22:32

ivykaty44 Ha! I guess it seemed obvious that it's relevant. If someone had asked if DH was distracted by loud music in his car, or the road was busy, or the cyclist was distracted by a very tangled scarf, it would have seemed relevant. Maybe if you'd asked "was your DH wearing braces that were exceedingly tight and cutting off the blood supply to his brain, thus slowing his reaction times"

OP posts:
Greenkit · 09/02/2017 22:32

..

ivykaty44 · 09/02/2017 22:33

Driftingdreamer, wearing a headcam isn't going to affect your concentration and wearing earwarmers will probably aid you not thinking about your cold ears. Neither object are found in the highway code either

Fidelia · 09/02/2017 22:44

This reply has been deleted

Message withdrawn at poster's request.

notgettingyounger · 09/02/2017 22:50

OP How concerned are you about the cyclist? His front wheel buckled indicating quite a tumble. He may not have made it into work today and will need to have his bike repaired before he can commute on it again, and he must have suffered shock and pain. He may even have more serious injuries that he didn't become aware of until later - shock can mask significant pain. Does your DH feel guilty for causing harm (albeit negligently rather than deliberately)? The cyclist is someone's son, perhaps someone's DH and even someone's father. Yes, this is your DH's fault for either not looking properly and/or for consistently using a drive with dangerously limited visibility in the knowledge that there is a cycle path crossing it. A bit of remorse, and compassion for the cyclist, rather than self-justification wouldn't go amiss. Worry about yourselves, your insurance and your car at some later date.

Julju · 09/02/2017 22:52

Sounds like a ridiculous drive/cycle path/pavement/road set up to me if it's right off a blind bend and you realistically need to stop before you enter the road. You can be expected to come straight onto the road on a bend like that so how can you avoid being stationary on the cycle path?

steff13 · 09/02/2017 22:53

Who doesn't reverse onto their drive!?

Me. And most of my neighbors. And lost of people. It's easier to pull into the garage than to back in.