Collision NOT Accident - 122 for the Year2012

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fossala

Guru
A car pulled out from a side lane in front of me last year and put me in hospital with 7 broken bones and I had to have 2 lots of surgery. If it was her fault for pulling out without checking (it was and she had to retake her licence and do an intesive driving course), this makes me think that if it was her fault for pulling out, how is this story any different other than it was a bicycle that pulled out.
 
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MattyKo

MattyKo

Active Member
Can you link to a google map of the location?

I am trying to install a scanner to up lift some of the police photographs of the accident site, however, having issues with the thing. Anyhow I have looked on the internet and found google-scout.com offer a possible good view of the accident site if you can get to grips with the thing. You need to locate the KC Stadium and then the A1105 westbound carriageway. On YouTube I have found two things of relevance to the accident site "Crumbling Structure of Hull's Anlaby Road Flyover" by the Hull Daily Mail the very last frames of this short film show the correct carriageway but further back from the accident site, but shows that the road is split into three lane the first been a cycle lane, the second a designated bus lane during the rush hours and finally the third lane for traffic. Additionally and also quite funny a film called "Riding a road bike through Kingston Upon Hull from Anlaby to Saltend" the frames of the film around about 3 minutes 30 second in the film show the other side of the carriageway. I know that you are a moderator, so I understand you interest in not only the accident but also what is up lifted on this site. However, despite my manner of cycling I cannot appreciate why I should be considered so much at fault for an accident within a short range from my home (within a few minutes of leaving the house), on a cycle (ending up on life support machine for four weeks) by a commercial vehicle towing a trailer that meant that it contravened their driving license entitlement, also the vehicle had a mechanical fault that meant that behind the vehicle a company mechanic was following to carry out the repairs on the next scheduled stop. As a matter of fact this mechanics police statement was for the three years after the accident the basis of my understanding of how I sustained my injuries. It was not until I received the police photographs (nearly four years after the accident) that I was able to fully learn how I got the injuries I did. Everything regarding this incident is completed, however, despite the opinion of everyone else, I still maintain that this vehicle was travelling too fast. It seems that travelling marginally above the speed limit is acceptable, even though for a cycle to travel above 30 mph requires a substantial amount of effort.

Immediately from the time of the accident until I learnt that the vehicle veered into the cycle lane, I found it hard to understand how this accident came to occur - because the police did not inform me that the van came to a halt utilising the entire cycle lane.

I only marginally infringed upon the traffic lane, if at all !! From the police statement the van driver thought that he could swerve into the cycle lane and manoeuvre around me, and the fault lay in my returning into the cycle lane, upon assessing the danger.

I know that this accident could have been avoided not only had the van stayed in the traffic lane, but braked rather than swerving into the cycle lane. I cannot also be certain if the van misinterpreted the road marking and thought the cycle lane was a traffic lane.

A major thing with this accident is the poor lay out of the road at this particular point, because it is the connecting point, where the new road (flyover) begins to meet the original road.

Regards from ME
 

Leodis

Veteran
braked rather than swerving into the cycle lane

I have looked at both roads leading to and from the bridge and I may have not gone along enough, it seems it is single carriageway on both sides divided with a pavement style step. With that I am a bit lost as to why you say he swerved back into the cycle lane to avoid traffic oncoming and into the cycle lane and should have braked first rather than over take you, in doing so cut back into the cycle lane to avoid you as your direction was moving into the road when he saw you.


All this says to me was you pulled out into oncoming traffic, swerved into the road (outside of the cycle lane) because you were undecided if you were crossing the road or joining it, is this correct?


I have checked the bridge on google maps and cannot find the gap in the concrete pedestrian protection where you entered the road. I am unsure why you think the driver was at fault because he didn’t brake first, in my unintelligent working class mind that says to me you jumped out in traffic and got knocked down because you made an instant choice rather than checking oncoming traffic before joining the road hence forcing the driver to manure at very short notice, maybe he didn’t brake due to the trailer attached? Either way by what you have wrote I cannot see the driver at fault and I really am unsure of what you are trying to gain from this unless you want the cycling community to create an outcry in public, you then push your case and claim a large sum of comp?


Who knows, it was tragic but could have been avoided with half decent cycling.
 
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MattyKo

MattyKo

Active Member
the correct location is listed by the response by "gaz" my point is this vehicle was over load and manoeuvred into the cycle lane.

Once I entered the road there was nothing for me to do. If I intended to cross the road I could not continue because I could not see if the area was clear. the only thing I could do was return to where I had come from a designed cycle lane. Unfortunately, the driver decided to swerve into that area also. This is a bad road and this section is poorly laid out where the flyover levels out, the old road joins this new section. This new flyover is poorly made and fall in down.

I do hope that I have reached what is referred to as closure in this episode of my life, other
 

Leodis

Veteran
I am totally lost.

this vehicle was over load and manoeuvred into the cycle lane

He did so because you entered the road from nowhere out of a gap NOT designed as a gateway and preceded to cycle into the middle of the road, he then tried to undercut you as you by the sounds of it were in the middle of the road but you then decided to return to the cycle lane you left on jumping out into the road.

Once I entered the road there was nothing for me to do

You are right there, you have told us you entered the road not to enter the cycle lane or to cross, it seems you do no know which or what you where doing but expected the driver to know. If you don't know how the hell would he have?

Come on man, the whole incident was your fault. Take some responsibility and move on.
 
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MattyKo

MattyKo

Active Member
I am totally lost.



He did so because you entered the road from nowhere out of a gap NOT designed as a gateway and preceded to cycle into the middle of the road, he then tried to undercut you as you by the sounds of it were in the middle of the road but you then decided to return to the cycle lane you left on jumping out into the road.



You are right there, you have told us you entered the road not to enter the cycle lane or to cross, it seems you do no know which or what you where doing but expected the driver to know. If you don't know how the hell would he have?

Come on man, the whole incident was your fault. Take some responsibility and move on.

so the fact that he was driving in contravention of his license entitlement is nothing to do with this, the possibility of excess speed, the vehicle no having a working horn, the fact that none of the company employee have said where they were going to ! I appreciate I should accept responsibility but nothing can account for the disproportionate level of injuries sustained by pedestrians and cyclist from motor vehicles.

The police photos just show this vehicle pulled up along the kerb just about, in the entire cycle lane. The discrepancies in the company employee witness statements.

you really are in my opinion making the mistake that I and the motorist are on equal terms. Should it not be that the cyclist and pedestrian are of greater importance on the road,

I was not just clipped but entirely run over.
 

Rob3rt

Man or Moose!
the correct location is listed by the response by "gaz" my point is this vehicle was over load and manoeuvred into the cycle lane.

Once I entered the road there was nothing for me to do. If I intended to cross the road I could not continue because I could not see if the area was clear. the only thing I could do was return to where I had come from a designed cycle lane. Unfortunately, the driver decided to swerve into that area also. This is a bad road and this section is poorly laid out where the flyover levels out, the old road joins this new section. This new flyover is poorly made and fall in down.

I do hope that I have reached what is referred to as closure in this episode of my life, other

My internet opinion is that you have not reached "closure"! Otherwise you wouldn't be incoherantly harping on trying to shift the blame in every which way possible.
 
so the fact that he was driving in contravention of his license entitlement is nothing to do with this, the possibility of excess speed, the vehicle no having a working horn, the fact that none of the company employee have said where they were going to ! I appreciate I should accept responsibility but nothing can account for the disproportionate level of injuries sustained by pedestrians and cyclist from motor vehicles.

The police photos just show this vehicle pulled up along the kerb just about, in the entire cycle lane. The discrepancies in the company employee witness statements.

you really are in my opinion making the mistake that I and the motorist are on equal terms. Should it not be that the cyclist and pedestrian are of greater importance on the road,

I was not just clipped but entirely run over.

If by suddenly emerging from the nearside into a stream of traffic you caused a vehicle to swerve and strike you, then you are culpable in this matter and the driver is not.

The Police may then take the decision to prosecute the driver for not having a functioning horn or exceeding his GVW or somesuch other transgression, but if the accident happened as you describe it, then you are culpable.

As to your statement that "nothing can account for the disproportionate level of injuries sustained by pedestrians and cyclist from motor vehicles", the answer is very simple. Motor vehicles are generally big, heavy and hard. Cyclists and pedestrians are generally small, light and squashy. That accounts very simply for the discrepancy.

And what (in terms of a prosecution) is "the possibility of excess speed"? Are you suggesting that road users should be prosecuted for possibly exceeding the speed limit?

I have never been run over as you were. You have my sympathy and I'm sure also the sympathy of everyone who read your OP. Nonetheless, you give every indication in your description of events that you were run over because you did something very dangerous both to yourself and potentially to other road users.

Really... let this go. Move on. Embrace the closure you have achieved. Smile and the world will smile with you. Buy a guitar and be jolly. Move on.

:smile::smile::smile::smile::smile::smile::smile::smile::smile::smile::smile::smile::smile:
 

Leodis

Veteran
so the fact that he was driving in contravention of his license entitlement is nothing to do with this, the possibility of excess speed, the vehicle no having a working horn, the fact that none of the company employee have said where they were going to ! I appreciate I should accept responsibility but nothing can account for the disproportionate level of injuries sustained by pedestrians and cyclist from motor vehicles.

The police photos just show this vehicle pulled up along the kerb just about, in the entire cycle lane. The discrepancies in the company employee witness statements.

you really are in my opinion making the mistake that I and the motorist are on equal terms. Should it not be that the cyclist and pedestrian are of greater importance on the road,

I was not just clipped but entirely run over.

It is a sad state of affairs, you have suffered a lot and its tragic when cyclists die or are badly injured on our roads. We share the roads and until we have
Presumed Liability and investment little will change except more cyclists mean more incidents.
 
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MattyKo

MattyKo

Active Member
The evidence against me is from people employed by the same company and, one other, who was on the other side of the road intending to use the same access point onto the old road.

All of the company employee's had full recollection of what I was doing, but their destination was forgotten at the time of providing witness statements.

From the time of this accident I was at a bit of a loss as to why it just happened, it was not until I learnt that the vehicle stopped in the cycle lane that I fully realised the how. Furthermore it was because of the second company vehicles' driver testifying to having witnessed something he could not have actually seen, that I was misinformed for nearly three years on how I sustained the injuries I received.

Most relevant is that my annoyance is simple, I was only intending to travel 10 metres to the central reservation, and not the 20 metres in front and underneath a over weight transit van with trailer. Even though this over weight issue was only marginal, just like the lack of horn again a marginal vehicle defect and I suppose that the probable excess speed was marginal also, not to mention the marginal distractions that were occurring in the drivers cab at the time.

I was out on a pedal cycle and I would have found it very hard for such injuries to be sustained unless a motor vehicle was involved.

I suspect more to this incident than that admitted by this commercial vehicle driver. Not only was the vehicle over weight from the manufacturers allowances, the driver was not licensed to drive the actual weight - he would have required a 7.5 tonne entitlement.

All the best people and Stay safe
 

Rob3rt

Man or Moose!
Have you heard yourself? You sound utterly bonkers!

I only intended to cross that train track as the train was approaching, but the big bad train driver, with his big heavy train with a dud light bulb in carriage A and a slightly moldy seal on the doors in carriage C would not allow this to be, he mowed me down without a care in the world! The conductor and refreshment salesman colluded with the driver to fabricate a story to resolve the driver of guilt. I know this because they can't remember which platform in Leeds the train was scheduled to pull into 45 minutes down the line. I can't remember anything other than walking out onto the track, but someone told me the train was blue so it was obviously all someone else's fault.

You messed up, live with it!

(Possibly seek some sort of therapy)
 
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