Catch the conniving jaywalker

[LilacM3L]

Hi all,

New to the forum, this is my first post. Apologies if this question has already been raised elsewhere - I didn't find anything when I did a search.

Tuesday morning, I wiped out at the junction with Kingsway southbound and Aldwych. I crashed because was avoiding a jaywalking pedestrian on her phone, who did the 'left-right-left-right-freeze' dance. It was my right of way and she was totally at fault. I ended up in a tangled heap of limbs and bike in the middle of the road. Bike has about £100 worth of damage and I think I have ruptured my ACL. I am now stuck at home, off work, on crutches and in a lot of pain, waiting for an appointment to see an orthopaedic consultant and get an MRI scan.

I know it could have been a lot worse - I could have hurt my head or ended up under a car, so I am grateful for that. But I am absolutely gutted about my knee as I actually had an ACL reconstruction last year so I know what I am in for - another year of pain, limited mobility and physio. And my poor little bike! - every time I look at it, I get teary. <sniff>

Anyway, I discovered yesterday that the pedestrian, who was deeply apologetic at the time, and who stuck around until I was taken away in an ambulance, actually gave me duff contact details! I didn't want to sue her or anything - I am not a fan of ambulance-chasers, but the fact that she gave me a dead phone number and an address that doesn't exist has me seeing red. I want track her down and bring her to account for her irresponsible and dishonest behaviour.

I filed a report with the police yesterday - they did not attend the scene. I am told that they will investigate and get back to me. I am quite concerned that as I am a mere cyclist and there were no vehicles involved, they won't bother to investigate further once they find that the woman's contact details are fake. I contacted a private investigation firm who said that they would not be given access to CCTV footage to track this woman down and that I have to hope for the best with the police.

How do I get the police to take this seriously? Am I overreacting? Should I camp out on that street corner and wait for her to turn up again? Help, please. :-(

Advice and comiserations gratefully received.

Lila

 

[LilacM3L]

Hi Paul,

Let me clarify then as jaywalking is probably the wrong term. It was at traffic light - my green, her red man.

I didn't hit her - I injured myself and damaged my bike by avoiding her. She was not obeying the signs.

I've been a cyclist in London for 4 years and a London driver for 15, so am familiar with the highway code and the hazards of driving/cycling and walking in London.

Kind of wish I'd ploughed into her now...

 

[GrumpyGregry]

sorry to hear about the injuries and how you got them, I hope they are not as serious as you fear and that you get well soon and are soon out and about on your bike again.

 

[spen666]

A sorry tale

Just a couple of points:


1. There is no offence of jaywalking in England
2. Not sure police can/ will investigate as I am not sure there is any potential criminal offence made out (Possibly one under the Fraud Act? - but unlikely to ever be investigated/ prosecuted)
3. Re CCTV - I may be a lawyer, but not a data protection act/ freedom of information lawyer. I do however think that it is possible to use above legislation in some circumstances to get CCTV of you. I'm sure someone else can advise you better on here
4. If you do not intend to sue pedestrian, then why do you want to trace them? - vigilantism is not the current accepted form of behaviour

Hope your injuries are not as bad as you fear

 

[BSRU]

User is correct, that is why on approaching a pedestrian crossing/junction where pedestrians are nearby then it is best to ease off, cover the brakes and keep away from the kerb.
I do not think the police will be interested as the pedestrian has committed no criminal offence.

 

[400bhp]

Hi all,

I didn't want to sue her or anything - I am not a fan of ambulance-chasers....

.... I am told that they will investigate and get back to me........ investigate ..... I contacted a private investigation firm ......to track this woman down ...

Do you want to sue her or not? Your post, on the face of it, appears contradictory.

Tough one - take it on the chin unfortunately Hope you get yourself out and about soon.

 

[LilacM3L]

Hi all,

I genuinely didn't want to sue her at the beginning. From how apologetic she was after the incident, I thought she might at least offer to pay for repairs to my bike. I was expecting to resolve things in a civilised way.

I tried to contact her yesterday I discovered that the phone number and address she gave me don't exist. Now that I know she is dishonest and too cowardly to face up to her mistake, I definitely want to sue her.

 

[martint235]

I really hope that you recover soon, much sooner than you anticipate.

I agree that her giving false information is annoying and I'd be flipping livid. However if you track her down what will you sue her for? Yes she's been a pillock for being on a phone and crossing on a red man. However a decent lawyer would just argue that you were going too fast for the situation you found yourself in and that you should have been aware of the pedestrian and anticipating any movement no matter how irresponsible. You would never get better than a 50/50 award and I think it would be incredibly unlikely you'd get that.

I know you're not going to like the advice that's being given and I agree that I'd feel the same. That doesn't stop if being valid advice though I'm afraid. I think you just need to move on, recover and get back on your bike. Life's a b***h sometimes, occasionally a b***h on a phone crossing at a red man.

 

[LilacM3L]

Martin, thanks for being candid. That's why I posted in the first place - I want to know where I really stand so I don't work myself up into a frenzy for no reason. Sympathy is always nice, realism is probably better.

Sounds like I need to just take it on the chin and put all my faith in Karma, eh? :-(

Fingers crossed the injury is not as bad as it feels... watch this space.

 

[martint235]

Martin, thanks for being candid. That's why I posted in the first place - I want to know where I really stand so I don't work myself up into a frenzy for no reason. Sympathy is always nice, realism is probably better.

Sounds like I need to just take it on the chin and put all my faith in Karma, eh? :-(

Fingers crossed the injury is not as bad as it feels... watch this space.

That is pretty much it I'm afraid. It would be very easy to work yourself up but it's not going to help. Good luck! I'd get the bike patched up as soon as you can so you don't have to see the damage.

 

[BentMikey]

Shame Lila, poor you! Let's hope your injuries aren't too serious and that you heal up well and quickly. I'd echo the others' comments about pedestrians, btw.

The giving of false details is quite common nowadays, it seems, so I'd suggest doing some or all of the following - test the mobile number they give you by ringing it then and there, and if some other random person answers, check to see if they know the person who just gave their name. Test their name by asking to see it on a bank card. If they don't pass these tests, I'd be wanting to call the police, and for them to wait. If they don't wait, I'd be prepared to follow them.

 

[Arjimlad]

That is truly awful but ... if you did see her again what would you seriously be able to do about it ? Perform a citizen's arrest ?! I guess you might follow her to a place of work but there's no guarantee that would tell you who she is. GWS.

 

[Hip Priest]

Ouch.

This is why I always try to anticipate the actions of peds, but it's easy to get caught out. I was once hit by a drunk driver (whilst in my car) who gave false details, so I share your frustration.

 

[fossyant]

Sorry but pedestrians have right of way, so you need to be careful and watch out for them, even if they do something stupid.

It is, unfortunately, one of those things. Sounds harsh, but as a London cyclist then you should be well aware of what pedestrians do.

Green lights do mean procede with caution, and a pedestrian red isn't a legal red like with motor vehicles, it's advisory.

I assume you didn't make contact and crashed trying to stop the bike.

Very sorry to hear about the knee - the sooner you pop to a physio for them to take a look, the better.

 

[Graham]

My legal knowledge on this is a bit rusty, but I'll have a go. All road users (that would include peds stepping into the road I think) owe eachother a 'duty of care'. You did your bit by swerving to avoid her - If you had simply ploughed into her when you could have stopped then you probably wouldn't have a case. She owes you a duty of care and breached it by stepping onto the road when the lights were green - She should have waited. Therefore, by breaching her duty, she must accept liability for your consequential loss and injuries.

I don't think you have to anticipate any movement by pedestrians. If you did, peds could pretty must 'jaywalk' wherever they pleased, safe in the knowledge that all cars have to stop/anticipate them.

It is no different to a car pulling out of a side road (in my opinion) - They owe other road users a duty to do it safely.

I would also point out that there are specialist Personal Injury lawyers who specialise in motorbike claims - especially where a bike has been SMIDSY'd, has swerved and then come off their bike i.e. no collision but the car pulling out is still to blame.

The law is the easy bit! You then need to - (a) find her (b) find some witnesses or CCTV (c) if she won't pay up - sue her (d) hope she has some money to pay you (e) hope she turns up at court (f) hope she pays up if the court finds her liable etc etc.

Perhaps a personal injury lawyer will be along shortly to point out the shortcomings of my legal analysis!