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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:
misshelena · 10/02/2017 02:38

YABVVU -- it was DH's fault. He didn't see the cyclist! Don't waste your time trying to convince anyone that the cyclist "came out of nowhere". It's not possible. Period.
As far as not reporting to police, I think I wouldn't have either since the cyclist walked off (IF you are telling the truth... I have my doubts since you are also trying to sell the "came out of nowhere" bullshit.)

roseshippy · 10/02/2017 02:52

" 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)"

It's not.

There is an exemption under the Road Vehicles Lighting Regulations if the pedal cycle is being used between sunrise and sunset.

Sunset today was sometime between around 5pm and 5:30pm depending on where you live.

After sunset it would be illegal, however not in any shape or form a serious matter for the cyclist - the usual resolution would be a £30 fixed penalty.

roseshippy · 10/02/2017 02:52

what time did it happen???

roseshippy · 10/02/2017 02:53

". I think the fact that the cyclist wasn't wearing a helmet (that never ceases to amaze me);"

helmets are useless though. scientifically proven.

"wasn't kitted out in high-vis kit"

not a requirement. depends what time it happened also if even relevant. lighting is a bigger issue.

roseshippy · 10/02/2017 03:01

Was this the man?

TheRugbyValkyrie · 10/02/2017 03:38

misshelena - I think that you are the one BVVU. Have you actually read through the entire thread? Op has clearly described: the sloping driveway = the handbrake on, the blind corner = not seeing cyclist and the accident occurring at approximately 17:45 = further reduction in visibility due to the failing light..
The cyclist refused all offers of help at the scene.
A number of hours later the cyclist contacts the Police.
The cyclist refuses medical assessment.
Police note that the cyclist has no lights on his bicycle.
Under the circumstances there isn't really much blame to attach to the driver except perhaps that he should have called the Police on 101.
You call bullshit. I call TROLL!

IwasAM · 10/02/2017 04:09

'misshelena - I think that you are the one BVVU. Have you actually read through the entire thread? Op has clearly described: the sloping driveway = the handbrake on, the blind corner = not seeing cyclist and the accident occurring at approximately 17:45 = further reduction in visibility due to the failing light..
The cyclist refused all offers of help at the scene.
A number of hours later the cyclist contacts the Police.
The cyclist refuses medical assessment.
Police note that the cyclist has no lights on his bicycle.
Under the circumstances there isn't really much blame to attach to the driver except perhaps that he should have called the Police on 101.'

TheRugby I agree, great summation. Also utterly baffled at Rose's assertion of: 'helmets are useless though. scientifically proven' Hmm
That a bonkers assertion, literally bonkers. Please do though link to the 'science' that proves this?

Sprinklestar · 10/02/2017 04:35

Sounds like it was an accident to me, in the proper sense of the word. One of those things, given the road layout (which arguably could have been better by the sounds of things). But sadly, where there's blame, there's a claim, as the old ad used to say.

Veterinari · 10/02/2017 04:45

The car shouldn't have pulled across a cycle path unless it was clear - it obviously wasn't.
The cyclist has no legal requirement to wear a helmet - it's neither here nor there, and is only required to have a rear light, which wouldn't have made any difference in this case. So banging on about what he was or wasn't wearing is unlikely to help.

From the cyclist's point of view he was on a designated path where he had right of way and suddenly a car pulls onto it.

It sounds like he was a bit of an arse about leaving the scene but he'd also had an unexpected shock and his bike damaged.

Fundamentally, if you're exiting a driveway you need to ensure that the way (including any cycle paths or footpaths) is clear before you do so

littleoysterslittleoysters · 10/02/2017 05:35

If it all happened this evening and no one was hurt he should just say he was going to report it. You get time to.

littleoysterslittleoysters · 10/02/2017 05:37

"helmets are useless though. scientifically proven."

As an A&E Nurse I can tell you this is bollocks. They save many many lives.

NightWanderer · 10/02/2017 06:18

"helmets are useless though. scientifically proven."

There was a major study presented last year that found that helmets do save lives.

JanuaryMoods · 10/02/2017 06:26

From your description of the damage to your car the cyclist hit him. Not sure how your DH can be blamed for being stationary and getting hit by a cyclist.

He should have still reported it, though. But the cyclist shouldn't have left the scene of an accident either and he did it first.

mathanxiety · 10/02/2017 06:28

Did the cyclist come off the blind corner and run into the car?

If this was the case, the cyclist should have been extra cautious. The fact that the bike path was a right of way is neither here nor there. If it followed the same route as the road then he should have been prepared to stop in the area of the blind corner. (Agreeing with ZoeMaguire here). He should have been aware of the dim light afforded by the crappy street light. It is very important that the cyclist did not have a bike light.

Your DH should have called the police immediately to report the incident. He also should have asked for the cyclist's name and contact details.

How did the police track your DH down if he and the cyclist did not exchange details?

Might be a good idea to beep for a bit while coming to the end of the drive and when you're about to enter the road in future, if the council won't install mirrors or signage to warn bikes of the hazardous corner.

The crux for your insurance company will be whether your DH was stopped or in motion when the impact occurred.

mathanxiety · 10/02/2017 06:31

But I agree if it was the side of DH's car that was hit then the cyclist was the one who ran into him.

ThisIsStartingToBoreMe · 10/02/2017 06:41

It's not a question of who is the blame. The problem is that the cyclist lied to the police about your DH not stopping. That's perjury.

anotherdayanothersquabble · 10/02/2017 06:56

To those saying the cyclist ran into the car, if the car had been stationary in the middle of the road, on the wrong side of a blind bend and a car came round the corner and ran into the side of it, who would have been at fault.

youarenotkiddingme · 10/02/2017 06:58

Nmy immediate thought was did the cyclist have lights on because even failing to look right again he should have seen the lights the first time he looked right.

For a cyclist to run into the side of him he must have had a few seconds of the car being there.

The cyclist also left the scene of the accident.

Id say this was an accident - 2 people who maybe didn't act in the best and safest possible way. The police will investigate this and so your DH just has to tell them what happened.

Julju · 10/02/2017 06:58

Sounds like the easiest thing would be a "Cyclists dismount" and "Concealed entrance" sign before the bend, or maybe a "Give Way" marking round the bend, assuming there's space/time before the cyclist hits the driveway (no pun intended).

JanuaryMoods · 10/02/2017 07:00

if the car had been stationary in the middle of the road, on the wrong side of a blind bend and a car came round the corner and ran into the side of it, who would have been at fault.

The car approaching the blind bend at an unsafe speed.

chasingrainbows27 · 10/02/2017 07:04

I once got run over by a cyclist going too fast round a corner (as a pedestrian). I had to have stitches in my hand. I was just a kid and the cyclist didn't stop (said he had to get to work), at the time I didn't think about reporting it! If I was a car coming out of a driveway I would have stood a chance either with the speed he was riding. There are irresponsible cyclists just like there are irresponsible motorists and motorcyclists.

It all comes down to how accurate your side of the story is and whether your DH just didn't look properly. If as you say the driveway is off a blind corner, how do you check for pedestrians etc?

SoupDragon · 10/02/2017 07:13

Looked right- clear, looked left, moved off of drive

He forgot the "look right again" part.

The set up with the cycle path sounds completely bonkers though.

Collaborate · 10/02/2017 07:17

If visibility is poor then you ought to make it better by widening the opening, and until then stop using the drive.

This accident was your husband's fault, and he may be prosecuted for failure to stop/report.

Itisnoteasybeingdifferent · 10/02/2017 07:22

Most so called cycle paths require the user of the cycle path to give way to crossing motorised vehicle traffic.

The fault probably lies with the design of the cycle path. Is there sufficient visibility to see an approaching cyclist when leaving the house? The OP seems to indicate the exit from the drive is at an odd angle. If so DH would need to look ovef his shoulder to see a cyclist approaching from somewhere behind.

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