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

[justanotherburd]

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.

I live in Los Angeles where walking a dog off leash is illegal and citable offence.

oh dear..how do you spell citable and/or offence?

Of course DH was worried about the cyclist or he wouldn't have offered to skip his work and take the man to the hospital! I'm just a bit put out that the man yelled at him and went off (if he'd yelled and stayed it would have been OK, DH was not yelling back!), and then obviously had presence of mind to figure out the address and a few hr later report to police, but not allow them to take him to hospital. Yes Fidelia It was about 5.45pm so after dark; DH works a shift from 6pm-2am.

You're right Julju it is a bit mad- the houses have been here for hundreds of years and the road was really wide with just a narrow pavement. A few years ago the council committed to cycle paths and they were built into all the roads getting resurfaced; some just painted on tarmac but here they redid the terrible pavement anyway so took opportunity to make a sealed-off path. It does work really well further down- road is about a mile long and the last 1/4 of mile has no houses just park on either side - unfortunately we are at the top end. The road to our right used to be a farm track til the land further up the road was sold to a development and they built houses, turned it into a proper road etc
(sorry for the excessive explanation of local history and geography)

It has got me thinking though, regardless of what happens I'll ask about mirrors from the council- still not sure if I can put these up myself as the land is owned by the council

"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 driveway is not a road junction.

Generally when a cycle path meets a junction the cyclist must give way, but where a driveway meets anything else, the car must give way.

Regardless of what the police say, or changes you make to improve safety, make sure you keep a record of everything that has happened (inc police collar numbers, cctv if available, photos, etc) as the cyclist can make a claim years down the line and you may not have anything to back up your side.

While it probably doesn't say anything specific on the subject of earphones/earmuffs I am fairly sure it has a paragraph about ensuring your vision is unobstructed and your hearing is not impaired.

Sorry, also meant to say if you speak to your local council Highways Dept they can send an engineer out to have a look at the layout and advise on changes for safety, ie, visibility fences and visibility splays to improve line of sight.
Unfortunately (for some councils) those changes may not be considered financially viable until there have been three deaths

A driveway is not a road junction.

Generally when a cycle path meets a junction the cyclist must give way, but where a driveway meets anything else, the car must give way.

Doesn't matter is a driveway is not a junction you still need to stop if necessary. How can a stationary car give way? Sounds the road is designed badly however the cyclist seems to be at fault for any number of reasons not least it seems like his bike isn't roadworthy.

Sadly you need to expect a big claim for this and an increase in your insurance if you haven't protected your no claims

If the police have acknowledged his bike isn't roadworthy would he get an insurance payout? Surely that would invalidate his claim.

I cycle a lot and am no stranger to encounters with dangerous and inconsiderate drivers, but this doesn't sound to me like one of those. If you come haring round a blind corner on your bike and run into a stationary car, that doesn't really sound like the driver's fault! The design of the path sounds like it is at fault as well. Either way it's not clear how your DH could possibly have seen around a blind corner.

The cyclist was probably in shock and pain and left without even thinking due to the upset. Your DH should have immediately let the police know. That man could have collapsed further downt he road.

I once saw a motorcyclist stand up and walk away after he was knocked off his bike and then he went down like a ton of bricks.

The cyclist probably Left because he knew he was in the wrong

Definitely get the council to come and have a look at the design of the road / pavement / cycle path and comment on safety improvements that they or you could make. I've seen a few 'innovative' pathways popped in in the name of cyclist-friendly environmental political correctness that have put cyclists in danger, more or less made it impossible for pedestrians to go for a quiet stroll (as opposed to navigating an obstacle course) and also made it hard for drivers and their passengers. Sounds like yours could be one of them.

I think the council are responsible for this accident, for not assessing the risks correctly when the cycle lane was put in, and installing a mirror on a blind corner, or a notice warning of a blind entrance. How can the motorist ever leave his driveway if it's not possible to see around the corner? It's an accident waiting to happen!

of course the bloody cyclist should slow down going round the bend. there may have been an infirm old person hobbling across the cycle path or a child cycling. .
you slow down going round blind bends whatever mode of transport you are.

so the cyclist has hit a stationary vehicle whilst riding with no lights. great.

If I am reading this correctly, the path, which is shared by cyclists and pedestrians, passes at the bottom of driveways and the road is immediately past that? If this is the case, are you supposed to stop before the path and look for pedestrians, cars and cyclists and then back quickly on to the road (in order to avoid being stationary on the cycle path), whilst also being on a blind corner? That sounds like madness to me.

When doing my driving lessons, instructor said if doing a three point turn, you have to stop and give way to oncoming traffic. Apparently, it is also illegal to reverse out of a drive onto a road so your DH was in the wrong.

It's clear that the cyclist is not expected to stop and give way at every single drive way. That would be insanity.

It's possible that the facility is badly designed, of course.

But anyone who thinks the cyclist should stop at every house is barking mad. o

The Highway code suggests that you should reverse in and drive out. It does not seem to say that you should have to do this, and it is not always possible anyway.

www.highwaycodeuk.co.uk/using-the-road---reversing-200-to-203.html

Many newer cars have very thick pillars - making many accidents survivable for those inside.

The disadvantage is that cyclists, pedestrians and even other cars can be hidden from view until it's too late.

I had a few near misses in my wife's Renault Megane because of its design. I drove it rarely and so wasn't as used to its visibility problems.

It would have been sensible for your husband to have got in touch with the police first but hindsight is wonderful.

If I'd been knocked off, even if only shaken, I'd have got in touch in case injuries developed later.

Cp

TisMe OPs DH didn't reverse out of the drive! It's been said multiple times on this post.

If the cyclist had no lights OP then DH is unlikely to be held at fault.

TisMe OPs DH didn't reverse out of the drive! It's been said multiple times on this post

Oops .. sorry.

It does not change my original point that it might sometimes be necessary to stop on what sounds like a shared cycleway / pavement though, even if only in emergency situations and thus it seems like a bit of a crazy design (particularly on a blind corner anyway) and cyclists should exercise due care.

OP TBH I can't help but think you are about to be targeted for a big insurance claim - the non-specific kind of 'injuries' that 'no win/no fee' firms thrive on.

I absolutely echo a PP in writing everything down and gathering as much evidence as you can. I think the fact that the cyclist wasn't wearing a helmet (that never ceases to amaze me); that the Police have observed he had no lights; that he - presumably? - wasn't kitted out in high-vis kit (is this the case?) or otherwise your DH would have had a better chance of seeing him; and the fact that he himself must have been travelling at speed around a blind bend in order for him to hit car all count in your favour.

FWIW, I'm both a driver and used to be a cyclist - I always: wore a helmet; had lights on front/rear/wheels of bike; NEVER ever had headphones on or anything else blocking sound out. I do have to say it pisses me that Cyclists are not bound to have insurance or enforced to meet X/Y requirements for them and their bike to be on the road and yet have full use of roads in way cars do - it seems nuts to me, how can I even have a chance of spotting a cyclist at twilight if he/he has no lights and high vis strip etc? It's ludicrous (& it also makes a mockery of those cyclists who do do everything to keep themselves safe but are the victims of a driver being a twat).

You DH - and any other witnesses there may have been - needs to write all down whilst fresh in his mind now, inc. presence or lack of high vis gear; precise time/light (or otherwise) of day; fact he appears to have have further refused medical attention/medical checking over not just from DH at the time (which could be explained by shock) but also from sounds of it by the Police subsequently (which is very def the bit that makes me nervous for you, as if checked out by medics now who give him a full all-clear then he won't be able to subsequently use 'medical experts' these firms use to extract cash and who will support a claim).

I'd proceed with meticulous detail and great caution and I would also ring insurance company to inform them of incident - along with all above details inc. collar numbers of officers etc - as well as damage to your car. I can't help but think cyclist is not injured (or why refuse Police vis medical attention after any initial shock worn off?) but will proceed to try and claim against your DH.

Repeat, been on both sides of this but never ceased to be amazed by the recklessness and arrogance of some cyclists - in Central London it is utterly breathtaking to watch them looping in and out of moving traffic, jumping lights, earphones in.