Been hit by a car whilst riding in a cycle lane...

[JimboIchi]

Hi, some really good points being raised and I get there are 2 sides to the argument. I did hit the rear left hand side of the car but the speed at which she pulled into the driveway suggested she did not attempt to check the lane and I really had no chance of avoidance. I saw her coming in so I would probably have hit the front passenger side door had I not swerved to the right at the last minute The cycle lane is clearly marked and it was still day light so I think if she had looked left before pulling completely in she could have seen me easily. She took advantage of a gap being left by another car and whipped in, probably whilst thanking the other driver and not looking down the lane.
I've taken the suggestion of seeking legal advice so if they take my case then I'll get a better idea of liability. At the end of the day I just want to buy a new bike. I commute everyday and go on social rides twice a week so feel a bit lost without it.
Thanks again for all the advise.

 

[JimboIchi]

The highlighted bit doesn't sound right to me. You have been to A&E, so I'm assuming you have been injured. I'm pretty sure the police should be taking more interest when it is clear an injury has occurred. Surely when a collision occurs, the driver should be breathalysed, did that happen?

With respect to the circumstances, if the cycle lane was marked, the turning vehicle maybe ought to have expected non-stationary traffic on the other side of the queue. Was it a cycle lane, or a bus lane too? Do you have a google street view link? Was it one of those ghastly cycle lanes with give way markings for cyclists at side roads?

Others will be along soon with more experience and help. Get well soon!

The ambulance were on a radio to the police and because there felt my injuries were minor the police were happy to meet me later in A & E as they were too busy at the time of the accident to attend. When I called the police the following morning they told me the driver had been to the station to prove her license and insurance. What I think is funny is that they said they came to the A & E (i was there from roughly 6.30pm to 11.30pm) and couldn't find me.
No bus lane purely a cycle lane

https://www.google.co.uk/maps/place...1!3m1!1s0x487be3d2753c90a5:0x29090010a2a5d6f6

 

[Smurfy]

The ambulance were on a radio to the police and because there felt my injuries were minor the police were happy to meet me later in A & E as they were too busy at the time of the accident to attend. When I called the police the following morning they told me the driver had been to the station to prove her license and insurance. What I think is funny is that they said they came to the A & E (i was there from roughly 6.30pm to 11.30pm) and couldn't find me.
No bus lane purely a cycle lane

https://www.google.co.uk/maps/place...1!3m1!1s0x487be3d2753c90a5:0x29090010a2a5d6f6

I'm not a legal expert, but my feeling is that the driver should have been more careful in crossing a line that indicated another separate lane of traffic was present. And if that is where they live then they should be well aware that there is a cycle lane outside their front door.

 

[MarkF]

The ambulance were on a radio to the police and because there felt my injuries were minor the police were happy to meet me later in A & E as they were too busy at the time of the accident to attend. When I called the police the following morning they told me the driver had been to the station to prove her license and insurance. What I think is funny is that they said they came to the A & E (i was there from roughly 6.30pm to 11.30pm) and couldn't find me.
No bus lane purely a cycle lane

https://www.google.co.uk/maps/place...1!3m1!1s0x487be3d2753c90a5:0x29090010a2a5d6f6

They are bullshitting regarding A&E, you enter the system as soon as you are accepted in and are then always easily located in the hospital, never mind A&E.

I know that very road very well, it's reasonably steep so I am surprised that you didn't see the potential for an accident? But the driver should have had a good view too, it's an uncluttered wide road and you would have been visible above the cars. Yellow Tim makes a very good point, she knows that the lane is there and has not taken care to ensure that is was safe to cross it.

 

[HLaB]

A couple of years ago I arrived in London too early for a party and went for a cycle round the block. Big mistske! When I approached one junction it was jammed solid so I slowly filtered through and made the mistake of finding my self on the left. Saw a supermarket entrance coming up on my left as I approached a gap, so I slowed to a crawl in anticipation of someone being a muppet and doing what I think the OP is describing. Good job I did as someone was a muppet! I'd been in the gap for about 2-3secs when someone cut through the traffic to turn right into the supermarket and took my bike's front wheel out.
I didn't push things through but put it in the hands of the British Cycling solicitors and circa 16months later the driver's insurance paid out. Apart from a golf ball sized bruise on my shoulder after a bit of bonnet surfing luckily there was no serious injury. Injury seems to be the main issue, over a year after the collision I was sent for a medical, after it was carried out things were sorted in days!

 

[PK99]

They are bullshitting regarding A&E, you enter the system as soon as you are accepted in and are then always easily located in the hospital, never mind A&E.
.

Not so. My wife was "lost from the system" and left on a trolley for several hours with a fractured pelvis @St George's Tooting as Nurses repeatedly tried and failed to find her.

 

[classic33]

Not so. My wife was "lost from the system" and left on a trolley for several hours with a fractured pelvis @St George's Tooting as Nurses repeatedly tried and failed to find her.

I think he means the A&E at BRI. I've been in more times than I want to. That's how I know the numbers of bus services passing the A&E.

 

[The_Weekend_Report_Guy]

Man..!! This brings a lot of bad memories..! Same situation last year for me.. About a year from it now... You are lucky I had surgery, 3 months in bed.. 5 without much activity..

My advice? get a lawyer.. Insurance companies will eat you alive and somehow make you responsible for getting hit.

Best of luck to you..!

My story? Look for the one called a year after on my blog..

 

[The_Weekend_Report_Guy]

A couple of years ago I arrived in London too early for a party and went for a cycle round the block. Big mistske! When I approached one junction it was jammed solid so I slowly filtered through and made the mistake of finding my self on the left. Saw a supermarket entrance coming up on my left as I approached a gap, so I slowed to a crawl in anticipation of someone being a muppet and doing what I think the OP is describing. Good job I did as someone was a muppet! I'd been in the gap for about 2-3secs when someone cut through the traffic to turn right into the supermarket and took my bike's front wheel out.
I didn't push things through but put it in the hands of the British Cycling solicitors and circa 16months later the driver's insurance paid out. Apart from a golf ball sized bruise on my shoulder after a bit of bonnet surfing luckily there was no serious injury. Injury seems to be the main issue, over a year after the collision I was sent for a medical, after it was carried out things were sorted in days!

A year after my accident I am still waiting.. My lawyer says don't expect nothing before June 2016... On the bright side since they already accept that the insurance part is guilty and responsible they gave me a one time advance payment and a check for the bike repairs.. Oh this is going to be deducted from the final payment.

 

[vickster]

I'll be two years in February. I've got to see the expert in December for a third time. Hopefully, that will report will say the leg is as recovered as it's going to be and we can make a settlement offer. Whether it'll be accepted or not is a different matter!
However, I have a shoulder injury now which may be a result of the accident so if the expert feels it is, lord knows as I might need surgery at some point next year!

I haven't had anything yet, including loss of earnings etc. not that I've chased it. The bike was undamaged

OP, hope you get settled quickly, it can be rapid if the other party accept liability without quibble and there are no lasting injuries

 

[MichaelW2]

It is standard practice for drivers and their insurance companies to deny that anything ever took place. You need some evidence, such as a police report, ambulencemen report or witness statement, identifying the car and driver.
Photo evidence is useful, esp taken at the time, or even later on to show similar road conditions, right of way, visibility, signage.
When claiming ensure that you claim for all damaged accessories as well as the bike eg helmet, gloves, bag, lights, clothing. If you have made any bike upgrades, even premium tyres, make sure that the replacement bike on insurance has them.

 

[shouldbeinbed]

I would suspect that the driver that left the gap flashed or waved the oncoming vehicle in without considering the cycle lane at all - I've seen it happen and been flashed to turn right myself and indicated to the driver flashing me the cyclist coming up on their inside. I know the Institute of Advanced Motorists and all proper advice, codes etc do not advocate 'you' flashing or indicating someone as it is enticing them to make a manoeuvre that is not yours to entice - because things like this happen. People have got into the dangerous mindset that 'oh s/he's flashed me, I'll put the car in gear, brain in neutral and on I go. Oh crud theres a cyclist - pedestrian - mother and pram that I've just run over, but its not my fault because that car 50 yards up the road and still driving away gave me permission to go so what else was I supposed to do'

*rant over* but it is why I filter up the right of stationary traffic when there is sufficient room to do so safely, cycle lane on the left or not.

as a matter of interest @JimboIchi does the cycle lane just have the solid painted lines carrying on regardless or is there a give way instruction either in the lane that you could (should?) have observer or from the road that the vehicle crossed inappropriately? I imagine not for a residential driveway & I'm not casting aspersions, just wondering how it could play out as it goes further.

Best of luck getting restitution and your bike fixed, don't let it drop and keep a diary of aches & pains and any differences you begin to feel in yourself, get to the GP at the first hint of a niggle, not only for a paper trail for litigation/appropriate compensation but for your own long term good, which is a hell of a lot more important and valuable to you.
I was left hooked half way across a junction in a cycle lane by a car that approached from behind on a perfectly clear road, they seem to have decided there was room to get round me rather than wait the nanoseconds for me to clear their turn path - never got a thing out of it but a perma-kaput knee (several operations later and now waiting to be old enough to have it replaced), as they went through the back of me, carried on at speed and were way out of sight before I'd even thought about trying to sit up.

 

[vickster]

There was never any denial from the driver in my case. Liability was accepted very quickly. It's the nature of injury and recovery that is taking so long. Plus the long wait for expert appointments and reports!

All of the emergency services behaved impeccably. Most of my treatment has been covered by my private insurance and costs incurred by the provider are a not insignificant part of the claim

 

[mick1836]

Hi, I'm new to site and was hoping to see if anyone has had this happen and what I can do about it. I was riding down a cycle lane in Bradford and the traffic was slow to stationary, so I was passing all the cars on the inside. I was going slowly enough to check if any cars were indicating left, especially as I approached junctions, but as I passed the cars, another car which was part of the oncoming traffic turned right into their drive way which I didn't see until I hit the side rear of the car and then somersaulted completely over it. I was out for about 20 seconds and an ambulance was passing so was lucky to be helped so quickly. I was too dazed to speak to the person driving the vehicle but the ambulance took their details for me. My bike is a complete write off, along with my helmet, trousers and left shoe. Then I was taken off to A & E where they gave me the all clear.

I've never been involved in this type of accident, so is it a simple thing of calling the drivers insurance company and claiming, or should I be taking any other action. The police didn't arrive at the scene and claimed they couldn't find me in A & E so have just spoke with them on the phone. They gave me an incident number and said that I should just speak with the driver but am concerned that I may blow a fuse as they nearly killed me. Any advice would be very much appreciated. Thanks for reading.

If YOU didn't see the car until you hit it what chance had the car driver on seeing you?

Yes, the car driver should have been more vigilant but cyclists should ride more defensively and in my opinion wear lighter coloured clothing to be seen more easily, YES the driver of a motor vehicle may be at fault but that won't help you if you are

 

[CopperCyclist]

Keeping my points short:

1. You could have avoided the collision... Watch for those gaps forming which always entice cars across and have your speed ready to slow...

2. However, the dual carriageway analogy is correct, it's still the drivers ultimate responsibility and you will most likely win at court...

3. Which is why you shouldn't contact the driver directly - contact a solicitor.

4. Police are unlikely to attend minor injury RTCs. They've been cut to ribbons - sorry, that's the way it is - there simply isn't enough 'bums on seats' anymore. ALL of us would like to do more - we can't. Unless the funding situation is turned around, it's not going to happen. Look on the bright side, when the government get their way and stay privatising it, you may get a dedicated G4S employee investigating.

5. 90 percent of the time I attend A&E and ask to see "the person brought in for (this incident)" we are shown straight through - but occasionally I have got "I can't disclose any details about whether we have anyone of that name or not. No I'm afraid I can't check to see if anyone of that name wishes to see you - next please!".

Hope you get well soon and get it all sorted through the victims insurance without too much fuss.

PS Should you discovery a more serious lasting injury, or a lack of insurance from the driver, that's the point to recontact police. I can only repeat, asking for anything else in this climate is like asking the NHS if one of their doctors can spare an hour to give you a back massage for a pulled muscle. Would it help - certainly. Would the doctor do it if they had the time? Probably. Are they ever going to have that spare hour - no chance.