Advice regarding crash with parked car (double yellow lines)

[kentch]

Morning all.

I'm ashamed to say I'm a long time lurker, 1st time poster.

2 nights ago I was out getting some training done when I was involved in a "crash".

I was cycling along a busy main road (which has a slight incline) at 7pm when I went passed a car pulling out of a junction.

I acknowledged the driver with a nod (as if to say thank you for not pulling out on me) and carried on the route.

As I was going up hill my eyes go from the road in front to head momentarily down so I can get maximum power from my legs.

60m further up the hill was another junction so I would have definitely have looked up then.

However 18m after that I then crashed into the back of the very same car.

The car was parked 1/2 on the payment 1/2 on the road. The road had double yellow lines and a cycle lane marking. (I have photo evidence)

The result of it was I dislocated my finger and had to be ambulanced to hospital (I'm a wuss...... I thought I was going to pass out it was that painful).

In the crash I broke the drivers rear light cluster.

The reason for the post is that I have an ambulance chasing solicitor friend who says that I could easily make a claim for undue care and attention on behalf of the driver, but I am unsure as I crashed into him.

I have a witness who was cycling behind me. They did not see the moment of impact but did see me picking myself and my bike off the floor.

Any advice would be greatly appreciated.

(The reason the driver stopped was to either pick up his dinner from the take away and/or to make a call........ I can't remember which he said)

 

[Drago]

You have been injured as a result of "the presence of a motor vehicle on a road or other public place", and this is a recordable RTC so report it to dibble soonest. The fact that you physically crashed into them is neither here nor there when defining an RTC.

Whether you'll get anywhere with a claim against them is anyone's guess, but the fact that the vehicle was unlawfully present in that position MIGHT weigh in your favour. If he's broken down of something then that would be a potential mitigation for the vehicles unlawful presence at that spot, not a defence.

Now, this is where it gets sticky. When a person gives legal advice they are liable for it if they are wrong. Your ambulance chasing friend has not taken a penny from you, yet you could now theoretically sue him if you come a cropper as a result of following their advice. Go see a solicitor that specialises in this sort of thing and get some proper advice and have them summarise that advice in writing, then assess your next move.

Good luck.

 

[midlife]

Was the other car stationary? If so then you will have difficulty. The car could have been stationary for any number of reasons including broken down etc. Just because it was badly / illegally parked is not an excuse to hit it.

The driver may chase you for the damage to his car

Shaun

 

[Paul99]

You clearly were not looking where you were going as you might have seen a parked car otherwise. I'm not being funny here but if you were to tell a court exactly as you have above then they may find that the car driver was negligent in parking their car where it was but they are just as likely to find you at fault.

To be honest I'd chalk it up as a lesson learned, you should know what obstacles are in front of you when head down giving it some welly.

If however the driver of the car decides to sue you for rear ending him then you can probably use the illegally parked thing in mitigation.

 

[vickster]

Best get legal advice from a solicitor experienced in cycling claims. You could find yourself liable for the damage, you weren't paying attention it sounds like. You admit as much. What if the car had been stopped due to traffic, at a crossing etc? If I were the driver, my sympathies would be limited

 

[Markymark]

I'd keep your trap shut and your eyes open.

 

[vickster]

It might also be worth joining British cycling or the ctc both for the legal cover and 3rd party indemnity

 

[Hip Priest]

Let your conscience be your guide. If it was me, I'd apologise to the driver and give him my BC insurance details so he could get his car fixed.

 

[kentch]

Thanks all.

I'll think I do so e gym work until I can grip the bars once more

 

[amasidlover]

You've described it as a parked car in the title, but from your description it also sounds like the vehicle overtook you and then pulled in and stopped sharply in front of you and stopped (unless you were going extremely slowly given the distances you describe). You might want to clarify that since you'll get some fairly unsympathetic responses from people who simply read it as if you ran into a car that had been parked there all the time...

 

[Paul99]

You've described it as a parked car in the title, but from your description it also sounds like the vehicle overtook you and then pulled in and stopped sharply in front of you and stopped (unless you were going extremely slowly given the distances you describe). You might want to clarify that since you'll get some fairly unsympathetic responses from people who simply read it as if you ran into a car that had been parked there all the time...

It doesn't say this either.

 

[vickster]

He doesn't say that the car pulled in front of him, it was already stopped, he didn't see it and rode into it. On a busy road, you need to pay more attention, not least due to the risks to you from moving cars!

 

[amasidlover]

"However 18m after that I then crashed into the back of the very same car." - I took this to mean the car who kentch had just passed at the junction. If that's the case then I don't see how the car could have got there in 18m without having overtaken and pulled in sharply...

 

[vickster]

There was another 60m at least in between from what I understand, up hill with a junction. It was already half on the pavement, that usually doesn't happen in an instant

 

[Paul99]

"However 18m after that I then crashed into the back of the very same car." - I took this to mean the car who kentch had just passed at the junction. If that's the case then I don't see how the car could have got there in 18m without having overtaken and pulled in sharply...

No you haven't read it properly.

I was cycling along a busy main road (which has a slight incline) at 7pm when I went passed a car pulling out of a junction.

I acknowledged the driver with a nod (as if to say thank you for not pulling out on me) and carried on the route.

As I was going up hill my eyes go from the road in front to head momentarily down so I can get maximum power from my legs.

60m further up the hill was another junction so I would have definitely have looked up then.

However 18m after that I then crashed into the back of the very same car.

The car was parked 1/2 on the payment 1/2 on the road. The road had double yellow lines and a cycle lane marking. (I have photo evidence)