midlife
Guru
Glad you got the oral rehab angle sorted. Say hello to the restorative team in Dundee from the restorative mob (me) here in Carlisle
Cheers
Shaun
Advice - RTA resulting in significant injury
- Thread starter dhd.evans
- Start date
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Glad you got the oral rehab angle sorted. Say hello to the restorative team in Dundee from the restorative mob (me) here in Carlisle
Cheers
Shaun
fossyant
Ride It Like You Stole It!
- Location
- South Manchester
Ouch. Take the driver to the cleaners. Stick to what you remember and write it down. Lying toerags most of them.
Nothing worse than bashing up your teeth.
Take it easy.
Nothing worse than bashing up your teeth.
Take it easy.
betty swollocks
large member
There's nothing I can offer you here except my very best wishes.
What happened to you sounds horrible.
What happened to you sounds horrible.
spen666
Legendary Member
As a road user, you should be able to stop your vehicle (motorised or otherwise) without running into the back of another vehicle.
I am sorry to sound negative, but it appears to me on your account that:
1. You were failing to pay proper attention to what was ahead of you
2. You were riding to fast / too close to vehicle in front and unable to stop in time
The fact the driver may/ may not have stopped where he should not have does not change the fact you should have been in control of your vehicle so as to stop before riding into the back of a parked vehicle.
It is unfortunate, but on your version of events, it seems to me that you are liable for the damage caused to his vehicle, and without any evidence to the contrary, you would be hard pushed to prove otherwise.
Remember also this is a civil claim not a criminal case
I am sorry to sound negative, but it appears to me on your account that:
1. You were failing to pay proper attention to what was ahead of you
2. You were riding to fast / too close to vehicle in front and unable to stop in time
The fact the driver may/ may not have stopped where he should not have does not change the fact you should have been in control of your vehicle so as to stop before riding into the back of a parked vehicle.
It is unfortunate, but on your version of events, it seems to me that you are liable for the damage caused to his vehicle, and without any evidence to the contrary, you would be hard pushed to prove otherwise.
Remember also this is a civil claim not a criminal case
fossyant
Ride It Like You Stole It!
- Location
- South Manchester
The OP does say the driver pulled out in front then stopped abruptly. That's not allowing room for the cyclist.
jefmcg
Guru
I wish you'd read the original posting before making such negative statements.
"The car driver pulled out of the junction pretty much on top of me then came to a halt in a bus stop/cycle lane in front of me causing me to ride into the back of the car."
Which would make it not the cyclist's fault, and a traffic offence for the driver. Unfortunately, with head injuries and some memory loss, it's going to hard to prove that happened if the driver chooses to deny it.
You've misread, but yes I am at fault by definition.
My solicitor agrees with this but we will be pushing for 50/50 liability to ensure I'm not paying out for this one - basic principle seeing as a dinged car is superseded by a mangled face, missing teeth and destroyed tongue. In my opinion.
My solicitor agrees with this but we will be pushing for 50/50 liability to ensure I'm not paying out for this one - basic principle seeing as a dinged car is superseded by a mangled face, missing teeth and destroyed tongue. In my opinion.
Bollox, driver pulled out and stopped. Cyclist went into back of stupid driver = driver 100% fault.
Is there something I am missing? Why is the solicitor saying 50/50 if this is the case?
Exxxxxxactly. But yeah, you run into a vehicle regardless of damage you're 100% liable.
fossyant
Ride It Like You Stole It!
- Location
- South Manchester
IT's tricky legally. Go get yourself photos/google images of the junction and accident location and this can help work out how little room the driver left.
If you have his address you could easily plot the likely journey. The guy that hit me, had pulled out onto the main road, then turned right across me. He'd been in his car less than a minute, and probably half asleep.
If you have his address you could easily plot the likely journey. The guy that hit me, had pulled out onto the main road, then turned right across me. He'd been in his car less than a minute, and probably half asleep.
fossyant
Ride It Like You Stole It!
- Location
- South Manchester
I've had something similar to TMN, where they go past, realise there is no room and slam on. Fortunately I've slammed on too. I've had a van do that right next to me, I slammed on, shouted, then he slammed on. He was still level, so I was considering bouncing off the side of the van trying to corner with him.
It's quite a common accident situation, but the way it works is it's considered partly your fault. It's your solicitors job to mitigate this, but the other party should be proving their innocence. Why we have to go into so much detail and they don't is beyond me.
It's quite a common accident situation, but the way it works is it's considered partly your fault. It's your solicitors job to mitigate this, but the other party should be proving their innocence. Why we have to go into so much detail and they don't is beyond me.
fossyant
Ride It Like You Stole It!
- Location
- South Manchester
The world is full of lying toe rags though.
I've been bending over backwards (OK I can't actually do it very well) to provide evidence. We've got side damage on my bike, side damage on me, Garmin GPS data, google maps and google earth photos of the location etc, and detailed statements. The driver just said, turned right and hit cyclist coming down the outside (filtering in opposite lane). He actually never saw me and I was in primary when he hit me. That's all the account the driver has given. Police report confirms damage to his front bumper on the nearside, which so happens to match my scratched side of the carbon forks. But, the driver has done nothing else.
I've been bending over backwards (OK I can't actually do it very well) to provide evidence. We've got side damage on my bike, side damage on me, Garmin GPS data, google maps and google earth photos of the location etc, and detailed statements. The driver just said, turned right and hit cyclist coming down the outside (filtering in opposite lane). He actually never saw me and I was in primary when he hit me. That's all the account the driver has given. Police report confirms damage to his front bumper on the nearside, which so happens to match my scratched side of the carbon forks. But, the driver has done nothing else.
Mrs M
Guru
- Location
- Aberdeenshire
Best wishes for a good recovery.
Hope the insurance, legal stuff has a satisfactory outcome.
Hope the insurance, legal stuff has a satisfactory outcome.
- Location
- Glasgow
Sorry to read this: all my best wishes for a speedy recovery, hope you get to remember a bit more.
Regardless whose fault it was, that driver could be a bit more human towards you.
Regardless whose fault it was, that driver could be a bit more human towards you.
