I just had an accident...

[Crankarm]

If you say you have 3 "solid" witnesses saying they believe the driver was at fault then you are sorted.

Follow up the police and make sure you push them to take action against the driver as if they have driven down a bus lane when they are prohibited from doing so causing an accident this is rather serious IMHO and deserve to be prosecuted.

Other thing is CCTV. Local authorities wait 28 days before wiping images. You may have to pay £10/15 to view it but this fee would be recoverable and the footage well worth having.

As regards your injuries and damage to your bike. Do not feel embarrassed or that you should not claim against the driver for certain things. Claim for everything that leaves you out of pocket. The law entitles you to be put back in the position you were immediately prior to the collision. I would take pain killers as if you don't the insurer will say the injury couldn't have been that painful. Take pics of the bruising as it matures. Get down to your GP asap to have them record it all. You are also in shock and extremely nervous having hit the windscreen? So possibly some PTSD.

Hope you are feeling better. It will take a few weeks, but heel well.

 

[Crankarm]

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.

Not sure about the bus lane aspects as technically the car wasn't in the bus lane when it collided with the cyclist. Bus lanes generally don't go across junctions. Cannot see if there is a bus lane on Kilburn High Road approaching Oxford Road or whether it is just very worn and faded. There is a white straight on arrow some distance before arriving at Oxford Road but no left turn arrow (how old is this Google image?). A vehicle could travel in the nearside lane outside times of bus lane operation or if there is no bus lane, then once passing Oxford Road, move into the right hand lane of Kilburn High Road.

I still think the cyclist will need a good solicitor (and not a bad one ).

 

[Lockheed]

or if there is no bus lane, then once passing Oxford Road, move into the right hand lane of Kilburn High Road.

It could not do it as the right hand lane was stuffed with stationary cars so his intention and only possibility was to carry on on the 24h bus lane.

Thanks for the pointers on the medical aspect.

 

[BentMikey]

Get well soon Lockheed, and here's hopes for your satisfaction. It does seem to me that doing 30mph next to a stationary queue of traffic in the right hand lane in London is another serious mistake by that driver.

 

[Crankarm]

How do you know the driver was travelling at 30mph? Did he tell you that or did you hear him tell the police this when asked?

So did you go over the car's bonnet? Can you remember what broke the windscreen? Did you black out at any point?

 

[Lockheed]

How do you know the driver was travelling at 30mph? Did he tell you that or did you hear him tell the police this when asked?

So did you go over the car's bonnet? Can you remember what broke the windscreen? Did you black out at any point?

Friend riding behind me and one of the witnesses claim it was doing roughly 30mph. From what I heard, the driver told the policeman he was doing 20. From my point of view, it was rather difficult to take a note of it.

1. The car hit left side of my bike. Luckily, left pedal and my left leg was up, because it was the left pedal that took the most of the initial impact. Pedal 'lever' (or whatever it's called) is bent inside the frame triangle, so it is impossible to turn the crank. The pedal itself is smashed into bits.
If my left leg was down, I think I would have very likely had it broken.

2. I roll over the bonnet, hitting the windscreen with my right hip/right lower back and, judging from the imprint on the glass, righ shoulder as well.

3. Car brakes which sets me airborne once again and I eventually land about 10 meters in front of the car.

In the initial shock, I feel nothing whatsoever. I pick my bike up, unplug the rear light and switch it off to preserve battery. It now sounds ridiculous, but that was not exactly a moment favouring best judgement.

 

[HLaB]

Sounds like you were really lucky Lockheed, may your good luck continue.

 

[mr_cellophane]

Glad you are OK, but ...

My opinion and understanding
Lockheed was turning right through a line of stationary vehicles. He failed to make proper observation along the nearside lane and see an approaching car.
Mr Car Driver was heading north in slow moving traffic. He is in a hire car and therefore probably not local (or even used to driving on roads in the UK). He spots an empty lane to his left and takes this oportunity to progress faster than he would otherwise have done. An road sign shows that the lane he is in is for buses only after the next junction although the road markings indicate that traffic may go straight ahead. He is considering braking ready to indicate and move into the right hand lane when some blind idiot on a bike rides straight in front of him.

Sorry, but the car had every right to be where he was. The bus lane does not start until some distance after the junction and he had plenty of time to stop and wait for a gap/push his way in. Can you imagine the uproar if the police started booking drivers for doing 50 in a 50mph limit because there was a 30mph limit further down the road.

 

[Tynan]

if it's London, never mind Kilburn, and a lane was empty, I'd very much siuspect that there's a major restriction on that lane's use

a limit is a top limit, reasonable speed under the conditions is in force at all times

 

[Crankarm]

Glad you are OK, but ...

My opinion and understanding
Lockheed was turning right through a line of stationary vehicles. He failed to make proper observation along the nearside lane and see an approaching car.
Mr Car Driver was heading north in slow moving traffic. He is in a hire car and therefore probably not local (or even used to driving on roads in the UK). He spots an empty lane to his left and takes this oportunity to progress faster than he would otherwise have done. An road sign shows that the lane he is in is for buses only after the next junction although the road markings indicate that traffic may go straight ahead. He is considering braking ready to indicate and move into the right hand lane when some blind idiot on a bike rides straight in front of him.

Sorry, but the car had every right to be where he was. The bus lane does not start until some distance after the junction and he had plenty of time to stop and wait for a gap/push his way in. Can you imagine the uproar if the police started booking drivers for doing 50 in a 50mph limit because there was a 30mph limit further down the road.

The points you raise in your assessment of what happened might indeed be put forward, but do you really have to be quite so blunt, unpleasant and unsympathetic. He's obviously been very very lucky to avoid serious injury or being killed. Hitting the front of a car travelling at 20-30 mph, being thrown onto the windscreen then ricocheting back into the road must have have been pretty scary and could have cost him his life. Miraculously he appears only to have sustained a bruised ankle. Given this happened today (?) he is very brave IMHO to write such a vivid account of the impact. It had me wincing. Cyclists have f*ck all protection against hard fast moving objects. A little tact and empathy would seem to me to go a long way.

The issues you raise is one reason I suggested Lockheed take legal advice as I think he might need it should he pursue a claim against the driver and the insurer.

Your analogy with police pulling car drivers for travelling at 50mph in a 50 limit is totally irrelevant.

Cars approaching a junction, by undertaking a line of stationary slow moving traffic, not turning left, but only to gain a few yards in a traffic queue should exercise caution when crossing the junction it would seem to me. Also the junction was controlled by traffic lights. Did either party enter the junction on a red light? Something to consider.

 

[Crankarm]

Lockheed did you indicate you had 3rd party insurance of any sort whether CTC, LCC, BC or household policy or as an add on to a financial product such as bank account?

I ask as whilst there is clearly damage to you and your bike there is also damage to the 3rd party's vehicle as well. Not sure whether the hire car company would pursue you IF it were found you were at fault. Hopefully not for you obviously. Maybe 50/50 which sounds harsh. That is why I suggest you need a good solicitor that deals with cycling related road traffic and personal injury cases to give an opinion on your case, the issues, the likelihood of you winning and the level of damages.

 

[small fish]

Best advice is don't speak to the other driver and definitely get proper legal advice because it is possible that you are liable.
I was involved in a very similar crash a few years ago except it was 2 cars. We were hit by a car zooming up the inside of a bus which had stopped and waved us across. My girlfriend who was turning right across traffic like you was held 100% liable by the insurers.
(the car that hit us wasn't in a bus lane though which should mitigate in your favour)

 

[mr_cellophane]

(the car that hit us wasn't in a bus lane though which should mitigate in your favour)

Neither was the car that hit Lockheed

 

[Lockheed]

It took time - 14 months to be exact - but I finally got compensation form the third party (Enterprise Rent a Car) insurer by way of settlement.

After the body of evidence I provided, there was no dispute over who was the guilty party. Also, AFAIK the driver was ignoring the proceedings and it did not help his case, but did slow things down.

I used Accident Advice Bureau and had three handlers. The first one, Jane B., was extremely inefficient and was notoriously lying about keeping me up to date or calling me back after countless times I tried to reach her. It took literally WEEKS and sometimes MONTHS of my constant attempts to reach her before getting even a dismissive reply. After 8 months, she left the employment (of which I was not informed but found out by myself - again after banging the proverbial door of AAB for weeks on end) so my case was given to a new handler and effectively restarted. After another few months, they changed my handler again (supposedly due to change of management in the firm) and this time I got a sensible guy. He lived up to his word (most of the times, at least) and in the end saw the thing through in the end of May - 14 months after the accident.

I received 2150 GBP of which roughly 600 was for damaged property and expenses related to traveling to medical assessments and such. I would probably be able to get another 5 or 6 hundreds for rehabilitation sessions but after 14 months, I had no use for them (duh), and they would only pay it directly to physiotherapist anyway.

I am somewhat content but not really satisfied. It took way too long and too much of my nerves, wasted mostly on dealings with lousy AAB handler who was supposed to be of assistance to me, not an obstacle for me to pull and push, and that in vain.

Hope this will help someone in similar situation.

 

[PK99]

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.

1 street view shows the sign - no times shown therfore cars not allowed - period.

2 Smidsy in april last year, CTC assisted New bike, plus £1800 bupa bills plus £5350 cash payment in December