Advice Needed Re Accident

[The Jogger]

A mate of mine was out on his bike on a council owned cycling track, as in proper track for time trials etc. He was going along when he had a problem with his gears, while he was looking down trying to sort out the problem, unbeknownst to him was a car parked on the track, which my mate ploughed into. He wrecked his bike and ended up in resuss but after scans and treatment he has since been released. Does he have a claim against the car owner or council?

 

[midlife]

Unlikely as it's the bike riders job to look where he is going. The car owner's insurance company may well come knocking on your mates door. Glad he wasn't seriously hurt.

Shaun

 

[vickster]

Presumably the terms of usage of the track indicate you should pay attention while doing so, and that the council absolves itself of all responsibility for any injuries that may occur during its use? Why was the car there? Was it something to do with the administration of the track?

Agree, you should look where you are going while cycling even on a track He could have run into another cyclist etc. How long was he looking down for, was the car parked around a corner, how couldn't he see if before he started looking down? Was it a very small and well camouflaged car?

To answer your question, he could seek legal advice as to what he can or can't do

 

[The Jogger]

I think that's what he will do, seek legal advice. From what I understand the car was on the track, dropping bikes off. Yes he is aware he should be looking ahead however how many of us have taken their eyes off the road when checking something on the bike.

 

[Trembler49]

Surely you and your mate are trying to wind us up?

 

[The Jogger]

Surely you and your mate are trying to wind us up?

Why would I want to do that, I think you're probably very capable of winding yourself up.

 

[Markymark]

FFS. This is the 2nd thread in the last week of cyclists crashing into things when not looking.

Same as previous thread, keep your trap shut and your eyes open.

 

[jnrmczip]

To be honest if your mate was driving a car and looked down to check the gear stick and smashed into another car it would be his fault so there is your answer he inflicted it on himself by not paying attention. Shame he got hurt but lesson learned

 

[Trembler49]

Why would I want to do that, I think you're probably very capable of winding yourself up.

I'm just amazed that there are people that stupid around. We all despise this litigious ambulance chasing culture which benefits no one but the lawyers.

Your mate was not looking and ran into a car, no ones fault but his.

 

[jefmcg]

It's also like the cars that do a punishment pass, shouting "You shouldn't be in the middle of the road!" Even if they were right, that doesn't mean than are allowed to run you down. So even if the car shouldn't have been there, it doesn't absolve your friend from looking.

 

[The Jogger]

I have passed on advice greatly received thanks all.

 

[Cuchilo]

Last time I was on a council owned cycle track the was a bloke mowing the grass with a tractor . I kept my eyes on him ALOT !
I mast admit although I keep an eye on the track dodging a car that appeared when it shouldn't be there would take me by surprise . A person , dog , bird I can cope with but a car would pretty much take up most of the track I use .

 

[vickster]

@Cuchilo It should be easy to see then

Yes we have all taken our eyes off the road I'm sure but I would slow down and keep looking up...the car can't have just appeared unless he's deaf as well as seemingly blind...how long was he looking down, can't have been a split second!

Surely there are warnings about using the track, that there might be cars (I can't imagine this was the first ever), other cyclists etc

 

[Pat "5mph"]

here might be cars (I can't imagine this was the first ever),

I was cycling along a river path, round a bush, almost camuflaged, there was a waterways car!
That took us by surprise for sure, how the car managed to even be driven there haven't got a clue. We didn't crash into it

 

[Drago]

I think the best he'll get is 50/50. Ok, it's a reasonable expectation that a car will not be parked on a cycle track, but its also a reasonable expectation that a rider will look where they're going. Let the insurers argue it.