Crankarm
Guru
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
No doubt you have endured a very traumatic time reliving what has happened to you and recovering from your injuries but dwelling on it like you are now doing will have a very corrosive affect on you. Whilst the police investigation has concluded and given you a result you are not happy with is it realistic that you can challenge it to obtain a criminal prosecution and for what? Given what you have written here I think it very unlikely as you seem to bear a large part of the responsibility or all, for the collision that you suffered. No court would convict this driver of driving without due care or attention as he did try to avoid you. You could consider a civil claim for damages, where the level of proof is lower, ie on the balance of probabilities, against the driver for your injuries and all other losses you incurred which you believe he was responsible for but I would suggest any solicitor would advise that you could be held to be contributory negligent and your damages would be reduced accordingly or no solicitor would take your case on as they might feel that there would be a greater chance of you losing than winning your case. But you need a solicitor to advise you. The other issues you raise may aid your case, but they might well be totally irrelevant. From your own admission of what happened the driver did appear to take reasonable steps to try to avoid you, swerving and braking, the fact that you then moved back into the path of his vehicle doesn't do you any favours. From what you have written you were lucky not to be killed. I suggest you reflect on what happened and if you REALLY believe you were NOT at fault then initiate a civil claim against the driver. If as has been suggested here it was your fault then close this chapter and move on with your life.
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