Cycling accident - need advice please

[tricyclista]

Hi, I'm new to the forum and am going to be one of those annoying new users who wades straight in with questions rather than having the decency to read and reply to other people's threads first

My partner has had quite a nasty cycling accident on his way to work on Tuesday, a lorry turned right across his path and he didn't have time to stop / swerve out the way. He's in hospital with collapsed lung, broken collar bone, broken ribs and general sense of grievance towards all lorry drivers.

The police are saying an independent witness has said my partner was cycling too fast and he was to blame. There is no way he was over the speed limit and he was very visible with flourescent jacket, lights on etc etc and he is a good cyclist - commutes every day, has good quality bike that is serviced regularly - and there is no dispute that he was in correct part of the road and had the right of way. He was sure the driver had seen him.

Can anyone offer advice please? He has yet to give his statement as he's still doped up on morphine in hospital, but he told me that because he was certain driver had seen him, he sped up to pass the lorry. Should he admit this?

When I'm cycling and a car/bus/lorry waits for me to pass before turning I always speed up a bit. But is this generally accepted as good cycling etiquette / practice?

Any thoughts/advice gratefully received as I cannot believe he is currently held to be to blame. Oh yes, and just to add the lorry driver said 'I'm so sorry mate I just didn't see you' several times while waiting for ambulance to arrive. Seems to hav conveniently ommitted this from his statement!

 

[Bristol Dave]

I'm sorry to hear this and I hope he makes a full recovery.

BD

 

[ttcycle]

tricyclista - I thought I'd just drop you a quick reply to say I hope your partner get well soon - sounds pretty nasty with his injuries.

I can link you to this piece of legal advice on another forum - the first post is very handy.
http://www.londonfgss.com/thread4213.html

Would write more but am about to leave the office for some time!

 

[ChrisKH]

If your partner is not a member of CTC, subscribe immediately and make use of their legal help line. They allow subscription in arrears. When your partner is more aware of what's going on, write down everything he remembers. Take pictures of the scene, bike, etc. for the lawyers. Give a statement to the police only after having taken legal advice.

Good luck.

 

[HLaB]

SMIDSY Sounds horrible, I hope you man gets well soon. Without knowing the full details, it sounds like that witness isn't impartial. A first step I think would be to contact the CTC for legal advice.

 

[tricyclista]

Thank you for replies.

He is a CTC member - I tried calling on his behalf for info but they said they'd have to speak to him due to data protection.

I know police want statement today, but I will try and fend them off if I can. I presume they can't insist if he's still in hospital?

 

[Brains]

Right - 1st move is to join him or you (or both of you) up with the CTC. Today.
http://www.ctc.org.uk/DesktopDefault.aspx?TabID=4088

You could also look at the LCC if you are London based
http://www.lcc.org.uk/

The reason for joining is you then get the use of their legal advise, and they have several legal teams that specialise in cycle collisions and accidents.

Without knowing any of the details I'd say "cycling too fast" is not an excuse that will wash in court with a proper lawyer with cycle knowledge (unless your partner is Chris Hoy)

As an aside by joining one of the above you also get their special insurance rates, although it's a bit late for that now.

In the meantime I wish a speedy recovery to your partner

 

[fossyant]

No need to mention speeding up - you can't be cycling too fast anyway - it's only fast to unfit blobs, and whilst speed limits don't apply, it's unlikely he was over the limit if it was a flat road.

CTC will be very good here.

The lorry driver is at fault, he crossed the carriageway without checking it was clear, doesn't matter that the whitness said he was cycling too fast - was he slower than a car, probably ?

Hope he recovers well

 

[Brains]

Well it's good to see we are all speaking from the same hymn sheet !

The the data issue, if you upgrade his CTC membership to 'family membership' (2nd person is cheaper) then you could ask the questions and get the advise required.

Personally I'd do that right now

 

[wafflycat]

I'd be concerned plod are wanting to interview him whilst he's under the influence of morphine. It needs to be done when he's entirely lucid, not 'doped up' due to pain.

 

[Alien8]

The police are saying an independent witness has said my partner was cycling too fast and he was to blame.

I wouldn't worry about this - it's just the usual rubbish people spout.

I had a similar accident last year (replace lorry with car, and my injuries were mild compared to your partners) where the driver, after telling everybody he hadn't seen me, then decided to change tact and tell me I must have been going too fast. I would have punched his lights out if I hadn't still been spread across the road so I just told him, not too politely, to go away (he ended-up opting for retraining rather than prosecution).

If your partner's accident was as you describe I can't imagine any blame could be apportioned to him. Hope he recovers soon.

Cheers, Alien8

 

[tricyclista]

Thanks guys. I will go and join CTC myself now so I can try and speak to someone for advice.

I'm waiting on investigating officer to call me today but I will insist Dave is too unwell to do his statement yet.

Just been reading the info page ttcycle suggested - think I've already blown it with the not losing temper with police advice! I was so completely shocked with the 'cyclist is to blame' assesment that I subjected him to a 15 minute shouting session on cyclist abuse by evil motorists etc. At least I can pull the hysterical woman card on that one as it was only shortly after I was told about the accident.

 

[Zippy]

I'm not a lawyer by any means, but I would have thought you are entitled to at least a duty solicitor, who I am sure would state that your husband is in no medically fit state to offer a statement and that you cannot be expected to speak for him if you were not on the scene.

I hope he recovers soon and well.

 

[garrilla]

I'd be concerned plod are wanting to interview him whilst he's under the influence of morphine. It needs to be done when he's entirely lucid, not 'doped up' due to pain.

The plod will want to interview as soon as possible. If he's lucid he can make an initial statement. It should not be a problem, but if he's not up to it, the cops will wait. I don't think they are trying get at him, but are after 'fresh minds' etc.

A pedestrian cannot judge speed anyway.

 

[mr Mag00]

speedy recovery and good luck