Collision with car reversing off of driveway

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Luke Redpath

Well-Known Member
I've been lurking on here for a while and I've finally signed up, unfortunately I wish it was under better circumstances.

In what should have been a nice day, I was cycling to collect my brand new car today. Unfortunately I only made it half way before I was involved in my first collision. I was hoping to get some advice on how to best deal with this.

The road I was cycling down was residential, fairly quiet and quite wide. I was about 1m out from the curb. Up ahead I could see a car reversing out of its drive - it was reversing out of a concealed driveway with a hedge so the driver wouldn't have seen anything when he started moving. However, the pavement between his drive exit and the road was wide enough for him to reverse out fully, stop and look before his wheels touched he road.

I was going at a moderate pace and by the time I realised he was going to reverse straight out on to the road in front of me and hadn't seen me it was too late (he was on the same side of the road as me). I'd already rung my bell (pointless I know) to make him aware of me *before* I realised he hadn't seen me as a precaution. Once I realised he wasn't stopping I was braking hard and swerving towards the centre of the road to try and avoid him, whilst shouting. Even at this point he hadn't seen me and continued to reverse, meaning I finally made impact with the rear left of his car. I almost made it round so it was like my front wheel had got passed and he reversed into it if that makes sense. My hand made contact with the side of the car as I came to a stop.

His attitude was appalling. He wasn't abusive, he just simply didn't care. I don't think he asked me if I was ok and he certainly didn't say sorry. I got the usual excuses ("there was nothing coming, I didn't see you, I had blind spots etc.") and he claimed it was 50/50. My argument was he shouldn't have been reversing out of a concealed drive onto a main road anyway but that said if he'd stopped on the pavement and actually looked there's no way he couldn't have seen me. He probably didn't look very well.

Initially he didn't want to give me insurance details. He said I had his reg. I threatened to call the police and as chance would have it, a patrol car passed moments later and I flagged him down. He didn't seek that interested to be honest and also showed a lack of concern, but he did verify the guys insurance details and gave me an incident number.

The driver claimed "I'd get nothing" and that "I was fine and the bike wasn't damaged". I did manage to capture him on video on my phone while we discussed the incident.

My front wheel was slightly buckled and I was unable to finish my journey. I had to get a cab. On the plus side, I got my new car!

I've left my details with the British Cycling incident helpline and I will wait for them to call me back. The bike is in Halfords for an inspection. They seem to think the wheel can be trued.

Immediately after the incident I felt ok, besides a bit of shock but as the adrenaline wore off I started to feel the brunt of the impact in my shoulders, left arm, lower back and left hamstring. Nothing serious I'm sure but I'm feeling a bit sore.

To be honest, if the driver had admitted fault, been nice about it and said sorry I would have dealt with this private but I was so disgusted by his attitude that I want this to go through his insurers if possible. Does this seem reasonable?

Is there anything else I could have done to avoid this? I'm just relieved I wasn't going down hill at a faster speed and that there was no oncoming traffic or it could have been much worse.
 

Dave 123

Legendary Member
It sounds to me like you're 100% in the right.
It also sounds like the police officer needs his arse kicking.
You shouldn't have to stick your hand in your pocket to rectify his mistakes
And finally, welcome to the forum.
Definitely finally.... Nice car? (Yours, not his)
 
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Luke Redpath

Luke Redpath

Well-Known Member
Well no. Once he cleared the hedge his vision was no longer limited. The pavement was huge. If he'd looked he'd have seen me.

I've done my best to get the Google street view. The parked car in this photo wasn't there. It's clear to me that once he cleared the drive his visibility would have been fine, if he hadn't just kept on reversing out without looking.

https://dl.dropboxusercontent.com/s...AFksaXRV5OSYJJro2tUZpfuK5OQebodAudH2VJqeOj1BA
 
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Luke Redpath

Luke Redpath

Well-Known Member
Not sure I understand the argument in the posts above. What do I do, stop every time I see somebody reversing off their drive?

I do cycle defensively and I did try to stop, I just didn't have that much time to react to be honest. Maybe I could have anticipated it better, who knows. I felt there was no way he couldn't have seen me if he'd actually looked. You have to make a split second decision and in this case I clearly made the wrong one (swerving away from him rather than instant emergency brake) but it was just instinctive.
 

Steve H

Large Member
Here are a couple of extracts from the highway code that I think are relevant. Regardless of whether you could have done anything to avoid the collision yourself or not, anyone reversing onto a main road should be doing so vigilantly!

201
Do not reverse from a side road into a main road. When using a driveway, reverse in and drive out if you can.
hc_rule_202_check_all_round_when_reversing.jpg

202
Look carefully before you start reversing. You should
  • use all your mirrors
  • check the ‘blind spot’ behind you (the part of the road you cannot see easily in the mirrors)
  • check there are no pedestrians (particularly children), cyclists, other road users or obstructions in the road behind you.
Reverse slowly while
  • checking all around
  • looking mainly through the rear window
  • being aware that the front of your vehicle will swing out as you turn.
Get someone to guide you if you cannot see clearly.
 
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Luke Redpath

Luke Redpath

Well-Known Member
Thinking about how I would have reacted if driving, I probably would have made an emergency stop. That just wasn't my instinctive reaction on my bike. In hindsight I realise that trying to swerve away from him probably put me into his blind spot even more - but he should have seen me way before it got to that point. I'm not sure any of this means I'm to blame for the incident though.
 

buggi

Bird Saviour
Location
Solihull
It is not 50/50. its true you probably could have avoided the accident but hindsight is an amazing thing and we all learn thro experience. However, giving that you didn't avoid it, and the reasons why (that you reasonably presumed he would stop at the kerbside) this makes no difference to his liability whatsoever. It is totally his responsibility to look before reversing onto a public highway. I would do the following:
1. Get your bike back from Halfords and take it to a reputable local bike shop for a check (halfords are not rated)
2. Adrenaline masks pain, make a note of all your injuries as they surface over the next few days.
3. Make a note of all your costs.
4. Speak to the legal advisor at British Cycling and make a claim through his insurance for cost of bike and injury. There is no way he can claim joint liability as you reasonably presumed, as the path was wide enough, he would stop to look. Besides which, i wouldn't even bother to mention that! As far as your concerned, he pulled out and you had no chance to stop. The law states its the responsibility of the person entering the highway to check for traffic. You are traffic.
 
You had right of way so its his fault. He should have done his observation before reversing onto the highway and impeding the traffic on it.
 
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