I just had an accident...

[Lockheed]

I was turning right from Kilburn High Rd into Oxford Rd (right here) through stationary traffic and got hit on the left side by a car driving on a bus lane at approximately 30mph.

I have never been in an accident before and hence I got few question:

1. Is it legal for a car to drive on the bus lane at roughly 1pm-2pm in London? Even the policeman that came to the site could not answer that question.
2. Could you recommend any solicitors to deal with the car insurer (it was a rental car)? I would like to get at least bike repair costs covered: smashed left pedal along with its lever, bend seatpost, decentered front wheel. Maybe more - I had no chance to examine it any further yet.
3. Could Enterprise or their insurer demand any money from since I've totalled car's windscreen and my bike left some marks on the bonnet?

 

[magnatom]

Others will be along to offer advice, but are you ok?

 

[thomas]

1. Is it legal for a car to drive on the bus lane at roughly 1pm-2pm in London? Even the policeman that came to the site could not answer that question.
2. Could you recommend any solicitors to deal with the car insurer (it was a rental car)? I would like to get at least bike repair costs covered: smashed left pedal along with its lever, bend seatpost, decentered front wheel. Maybe more - I had no chance to examine it any further yet.
3. Could Enterprise or their insurer demand any money from since I've totalled car's windscreen and my bike left some marks on the bonnet?

1). There should be signs which show the hours of operation. If there weren't any then I would guess it's a 24 hour bus lane and no cars allowed. The policeman should of been able to answer this IMO, but oh well.

2). I've heard great things about going through the CTC's appointed solicitors. Both on here and from a couple chaps at my cycle club. You don't need to be a member to use them.

3). I suppose yes. If you caused the accident then a liability claim could be brought against you or your insurer. If it wasn't your fault then it's unlikely and if it wasn't your fault they wouldn't be able to claim any of it back.

If you don't have a specific cycling third party policy (such as with CTC membership, etc), check on your home insurance. Quite a few have a personal liability thing which you may be able to use. If you do have that, let them know, even if it is not your fault.

 

[garrilla]

I was turning right from Kilburn High Rd into Oxford Rd (right here) through stationary traffic and got hit on the left side by a car driving on a bus lane at approximately 30mph.

I hope you're oK.

There should be a sign for 'Times of Operation' of the bus lane close by. If the lane is in operation, then a car shouldn't be in it.

But I have to say, I looked at the 'streetview' and couldn't work where the bus lane was that a car could have been driving in to hit you on the left. But perhaps streetview is out of date.

http://maps.google.co.uk/maps?f=q&s...,-0.191746&spn=0.007594,0.019248&z=16&iwloc=B

 

[Norm]

But I have to say, I looked at the 'streetview' and couldn't work where the bus lane was that a car could have been driving in to hit you on the left. But perhaps streetview is out of date.

There is a bus lane which starts just after the junction (shown here) which looks like it is 24/7 as the sign has no "hours of operation".

Edited to add looking further back along the Kilburn High Road, there is a bus lane which, according to the sign here, is 7am-10am and 4pm to 7pm. However, the left lane there is supposed to be left turn only, according to the sign which you can see here.

Who says Streetview is a bad thing?

Hope that you're ok. Those road signs seem pretty unambiguous so get a good solicitor and you should be fine.

 

[garrilla]

I saw that. But that's after Oxford Road. The OP said he was turning right into Oxford Road so I discounted that BusLane as where the car was driving.

Further back there is a bus lane that operates 7am-10pm & 4pm-7pm but that ends about 60m before Oxford Road, although it wouldhave been in operation at the time of the OPs acccident.
http://maps.google.co.uk/maps?f=q&s...,-0.191746&spn=0.007594,0.019248&z=16&iwloc=B

 

[Lockheed]

I am not too bad, thanks. Just a bruise with swelling above my right ankle.

3). I suppose yes. If you caused the accident then a liability claim could be brought against you or your insurer. If it wasn't your fault then it's unlikely and if it wasn't your fault they wouldn't be able to claim any of it back.

If you don't have a specific cycling third party policy (such as with CTC membership, etc), check on your home insurance. Quite a few have a personal liability thing which you may be able to use. If you do have that, let them know, even if it is not your fault.

I do not have insurance of any kind and frankly I no longer know who's fault it was.

Let's take a look at street view. If you position yourself so that you see Shores Anchor and Portaprint shop signs (just on the corner), you have a good view of the place.

The car was coming from the SOUTH on the left line. Before the interchange it loses its red 'bus line' colour but regains it intermediately after the interchange. There was no cars on that line at all. All cars were stationary in traffic the jam on the right line. I was coming from the NORTH, slowed down, made sure there was nothing on the left line (I was looking for buses but did not see any cars whatsoever) and through the gap of stationary cars turned right into Oxford Road (aiming initially at the incoming line of the Oxford Rd).
I was hit roughly 2 meters to the south from the corner-most black pole (the one the sidewalk) in the middle of the left line. Quite obviously, the driver intended to carry on on the left line since the right line was entirely clogged with stationary traffic.

Your comments are welcome.

 

[Crankarm]

Sounds a nasty collision if the car's windscreen was broken. What part of you or your bike broke that then?

I think the first thing is to get your self fully checked out on the medical front. Have you visited casualty or to your GP? Your GP is a must if you have been injured as they will document everything. Should a claim ensue then you have your injuries recorded. Take pics of them.

Once the medical side is sorted out find out what if anything the police are going to do re the driver. Did you get details of the police officer(s) that attended? They might be considering prosecuting the driver.

If you luckily got witnesses contact them to make sure they can be contacted and to establish what they saw.

Solicitors via LCC, BC or CTC or those that advertise in the back of Cycling Weekly CycleAid and another called Alison France. There are some longstanding cycling solicitors that advertise in the back of the LCC magazine. Speak to a few to see who you feel most comfortable with. You don't have to sign up with the first one you speak to.

Now what actually happened? Like other posters I am a bit confused as to how a car can hit you from the left whilst it was driving down a bus lane with you presumably in the bus lane as well. You or a friend need to get back to the scene to have a look at the bus lane for any restiction notices. If none it is operational 24/7. So car shouldn't have been in the bus lane so probably not your fault. Be frank and objective with your recollection of what happened as omitting stuff to avoid embarrassment will mean the advice given here could be useless.

To your bike, strangely the least of your worries. Get it to a decent bike shop for an estimate for repairs when you are ready. If you have suffered bad injuries you are not going to be able to ride it for a bit anyway. Again take pics.

Hope you are not in too much pain.

Were you wearing a helmet?

 

[Crankarm]

If I get this right - you turned right onto the road, passing across stationary traffic to get to the other side and the bus lane to complete the turn. In passing through and emerging from the stationary traffic, turning into the bus lane, you were hit by a car travelling along it approaching you from your left - collision. Correct?

Although it might transpire that the car should not have been in the bus lane, you pulled across/into it's path? Did you not look or see him coming down the bus lane before you turned into it?

This collision doesn't on the face of it appear to be straightforward to resolve who was at fault, although one might argue that if the car shouldn't have been in the bus lane then the collision wouldn't have occurred. What if the vehicle had been a taxi, motorcycle or another cyclist? You should still have looked to see that it was clear to cross into the bus lane.

I think you will need legal advice from a solicitor - a good one.

 

[Norm]

I saw that. But that's after Oxford Road. The OP said he was turning right into Oxford Road so I discounted that Bus Lane as where the car was driving.

Further back there is a bus lane that operates 7am-10pm & 4pm-7pm but that ends about 60m before Oxford Road, although it would have been in operation at the time of the OPs acccident.

I think you commented before I edited my post. There is a break in the bus lane but that lane is left turn only.

I am not too bad, thanks. Just a bruise with swelling above my right ankle.

That's the important bit, IMO.

I don't think there is any doubt that the left lane, the one in which the car was travelling, should be left turn only.

He should not have been going straight through, not only does that mean he ignored the left turn only sign but he was intending to travel in a bus lane which operates 24/7. The driver is stuffed both ways, IMO.

 

[HaloJ]

I'm a little confused and I've turned my monitor upside down to work this out. :? "The car was coming from the north", "I was coming from the south" but you were turning right into Oxford Road? Are you sure that you've not got your norths and souths mixed up? Norths up on Google maps isn't it?

EDIT : unless you mean the car was heading North. In that case he should have turned left into Oxford road and anything else means the driver is in trouble due to the left turn only sign a little way back.

http://maps.google.co.uk/maps?f=q&s...IhWYCPpwI18DHUI3xPFDiw&cbp=12,307.23,,0,11.15

 

[Lockheed]

I do not have details of the policeman, but I have 3 solid witnesses along with their details (one of them is my flatmate who was riding behind me).

Crankarm, your description is roughly correct. I did double check there is nothing coming on the bus lane but somehow I missed the car. I suppose he was going quite fast because I believe I had a good view of a fair bit of the road. It might have been because of its colour - one of the least noticeable shades, I guess.


Here's the windscreen which I broke with myself. The bike hit the bumper and the steering 'wheel' left the rubber smudge on the bonnet.

And that is not my bike. Mine lies 10-20 meters in front of the bonnet.


I was taken to a hospital by an ambulance but they released me after doing X-rays and neck, backbone and bone fracture examination.

 

[Lockheed]

I'm a little confused and I've turned my monitor upside down to work this out. :? "The car was coming from the north", "I was coming from the south" but you were turning right into Oxford Road? Are you sure that you've not got your norths and souths mixed up? Norths up on Google maps isn't it?

You are entirely right, of course. I was coming from the North and he was coming from the South.
I guess I still think a bit hasty, probably because of remnants of the adrenaline in my blood.

 

[Crankarm]

I have looked at the link and can only see bus lanes on either side of Kilburn High Road not in Oxford Rd into which you were turning. Were you in the bus lane, turning off Kilburn High Road when you were struck by the car?

 

[HaloJ]

I have looked at the link and can only see bus lanes on either side of Kilburn High Road not in Oxford Rd into which you were turning. Were you in the bus lane, turning off Kilburn High Road when you were struck by the car?

Norm's got this one on the head.

Car was in the left turn only lane although this is made ambiguous by the big white straight on arrow painted on the road. After the junction it becomes a bus lane into which the car intended to drive. Lockheed anticipating buses and not fast moving cars was hit as he crossed. The fact the driver has just sped over a crossing, ignored a left turn only sign (see my link above where you can also the the end of the bus lane) and was about to enter a 24 hour bus lane kinda puts the car in the wrong in my eyes.