5 points for hitting me - good result ?

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ajc

Well-Known Member
Just wondering what you think.

At the end of June I was hit by a car when the driver coming in the opposite direction to me, turned across my path. He totalled my bike and me, I broke numerous bones, I've had my collar bone pinned recently and I will have been off work for a total of 18 weeks.

The lad who hit me pleaded guilty, I found out yesterday that he got 5 points on his licence and a financial penalty (thats all the court would tell me). I believe by pleading guilty he also got a 33% reduction in his fine, even though it was a nailed on prosecution.

I know he's a fairly new driver, so, if he had got 6 points I think he would have had to re-take his test if he's less than 2 years into his licence.

Part of me is happy he got done and I'm not sure the court would/could have done much else, however, I'm still p*ssed off. I've had to go through so much, I can't cycle or drive and with my arm in a sling I can't do many things. For him, its not caused him any real hardship and he can carry on as normal, he's probably fogotten about it by now.

I guess 5 points means he has to keep his nose clean, be careful and at least he has been prosecuted which these days seems unusual :angry:

So is it good he was at least prosecuted or should we expect more when he nearly killed me, I was lucky not to hit a low wall and a few trees.
 

gratts

New Member
Location
Nottingham
Seems to be the way these days, the guilty get off lightly and the innocent get screwed.
Did you get any compensation or anything?
 

Willow

Senior Member
Location
Surrey
On the face of it small penalty though it is possible that he may have lost his job/relationship whatever because of it so perhaps not assume all is rosy in his garden either.

Sometimes I read all the accident posts on here and wonder why we all cycle and dice with death every day. I truly hope you start to mend soon, it sounds like a truly nightmarish time.
 
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ajc

ajc

Well-Known Member
I've a claim going through CTC solicitors so that will eventually come up with something, I've no idea how much and at the moment I'm not bothered, just want to get back to one piece first.

Initially I was really up for getting back on the bike, I was commuting a 46 mile round trip four days a weeks + a weekend 70 - 100 mile ride but as Willow pointed out there have been numerous incidents recently and at the moment after 4 months of inactivity I'm not sure I will carry on.

But I am on the mend :angry: I hope to have all my arms and legs working by christmas :biggrin: After that I'll see how I feel.
 

Notsoblue

Well-Known Member
gratts said:
Did you get any compensation or anything?

Yeah, did you get compensation? Bear in mind that if he pleaded guilty he's admitted liability and you may have a case for compensation. I only know this because I was taken to court by a pedestrian I hit while riding my bike :S
 

Andy 71

New Member
Location
Chelmsford
Given the crash was probably down to inexperience and carelessness rather than out-and-out malice, I think the penalty is about right. I say this because now he will have to really watch himself, and if he even so much as breaks wind in the vicinity of a police constable, that's his lot.

He has a simple choice, learn or not. The law of averages says that if he doesn't, as a young driver he is more likely to pick up a speeding ticket and get himself banned. Now, if he is a reasonable kid he won't want that. The fact that he has a licence, was not out of his head at the time, was insured and didn't try and give false details suggests that at heart, he is. What he does need is a far more mature attitude to road safety.

I really really do wish you well in your recovery. It has obviously put you to a lot of pain and inconvenience and can in some respects understand how really this p*sses you off - I am still hurting from a stack someone else caused over a week ago. However, negligence (rather than criminal irresponsibility) is a matter for civil courts, and your claim should reflect what you have been put through.

It aint fair on you, but if the youngster involved polishes up his act, and his friends are made aware of the consequences, I think that might be a good thing. Not every youngster is of the kind of scrote you see on 'Police, Camera, Action'.
 

hackbike 6

New Member
Willow said:
On the face of it small penalty though it is possible that he may have lost his job/relationship whatever because of it so perhaps not assume all is rosy in his garden either.

Sometimes I read all the accident posts on here and wonder why we all cycle and dice with death every day. I truly hope you start to mend soon, it sounds like a truly nightmarish time.

I've been told on here numerous times that cycling is safe.

Car drivers don't always make it safe and can be a menace to society.

To the original poster hope you recover asap.
 

longers

Legendary Member
Cor :angry:, ajc hope you mend soon and it doesn't put you off for good. Hadn't you just got back riding again after having a dodgy knee? (may have you confuserated with someone else)

Andy 71 makes some good and positive points which I hope are the case and Fossy's right about insurance - the lad may not be able to afford to drive anymore.
 

Tynan

Veteran
Location
e4
Legally inexperience etc isn't a defence

5 points sounds good as a penalty, my bloke got some traning, end of

although I am expecting a hefty PI settlement shortly, ctc lawyers
 

hackbike 6

New Member
These kids can't handle their cars and obviously that is a problem.

I had just watched something earlier on ITV 4 about this sort of thing.

Im just glad I didn't get a car when I was in my twenties because I would have made mistakes as well.

Also this boy racer thing which I see all the time.
 

PBancroft

Senior Member
Location
Winchester
My personal view on the matter is that he should have lost his license and be required to retake his test - I really don't care how experienced he is or isn't.

In my personal view if he has demonstrated that he can't control a vehicle in a safe manner, he shouldn't be allowed back on the road unsupervised until he can.
 
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ajc

ajc

Well-Known Member
Andy 71, excellent points, very nicely put and I do agree with you. I'd kind of forgotten about his insurance (my missus does the insurance for our car so I've no idea how much it is these days) so thanks fossyant /steve it will be huge ! :ohmy:.

Longers, yes I was the same poster with the dodgy knee, well remembered ! (My knee has taken another battering !), I'd just go it sorted and had got six months trouble free cycling, before this. I may get on a bike at christmas.

The lad had just left his house so its fair to say he could have been thinking about other things, hopefully he'll learn from it.

Compensation is on-going, his insurers have admitted liabilty so its down to how much. I'm sure they will be pedantic but I'm in no hurry ;)

Tynen, I'd have been really hacked off if mine had got driver training :ohmy:, I saw your injuries mate, not pleasant, I hope the PI makes it less painful for you :biggrin:
 

LLB

Guest
ajc said:
Andy 71, excellent points, very nicely put and I do agree with you. I'd kind of forgotten about his insurance (my missus does the insurance for our car so I've no idea how much it is these days) so thanks fossyant /steve it will be huge ! :ohmy:.

Longers, yes I was the same poster with the dodgy knee, well remembered ! (My knee has taken another battering !), I'd just go it sorted and had got six months trouble free cycling, before this. I may get on a bike at christmas.

The lad had just left his house so its fair to say he could have been thinking about other things, hopefully he'll learn from it.

Compensation is on-going, his insurers have admitted liabilty so its down to how much. I'm sure they will be pedantic but I'm in no hurry ;)

Tynen, I'd have been really hacked off if mine had got driver training :ohmy:, I saw your injuries mate, not pleasant, I hope the PI makes it less painful for you :biggrin:

I got £13.5k for a broken knee when it was settled 20years ago), so I would say you could double that and add a bit for a lifelong injury (maybe reduce it a bit for your age). I wasn't working at the time so the earnings bit would hae been reduced (17 year old student)

Shitty bad luck BTW :sad:
 
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