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Just back from A&E

Discussion in 'Commuting' started by the reluctant cyclist, 25 Jun 2008.

  1. the reluctant cyclist

    the reluctant cyclist Über Member

    Location:
    Birmingham
    I dont believe it - coming up to some traffic lights and a passenger opened the door on me - I have broken my little finger. Thing is im so confused - is it my fault - there is an asl and there were only about 4/5 cars waiting - lights were on red so i filterered up the inside to get to the asl - no point in overtaking on the right there to get to the front as loads of cars turn right at the lights. is it going to be classed as me in the wrong as i was effectively overtaking on the inside or is the fact that i was going up to the asl going to help me?

    sorry about the terrible typing - only got one good hand now - worst is i am a pa and have to type for a livivg.

    she gave me her name and number and was really sorry - got the reg too off the car

    after some synpathy really - work are going to go nuts at me!
     
  2. LLB

    LLB Guest

    Bad luck ;)

    Take a look a this, I think you are in with a shout, but you will need to find a solicitor who specialises in this. There are a lot of wide boy solicitors who will take it on and mess you around (happened to me with a motorcycle claim and I ended up suing them for incompetence) Make sure you report it to the police tomorrow though cos it will invalidate any claim you have otherwise.

    http://www.londonskaters.com/cycling/safety-dooring-door-zone.htm
     
  3. Trillian

    Trillian New Member

    re work: its the same as being in a traffic accident in a car, they can naff off if your unable to work, anyone else in the office who injured themselves doing DIY etc would be taking time off or whatever.

    hokay, back to the who's fault

    was there a cycle lane that you were in? if so you were following your lane which was clear

    they should look before opening the door.
     
  4. LLB

    LLB Guest

    This is in the highway code, and is the drivers responsibility even if the passenger does it IIRC. Anyway as Trillian says, If you can't type, you can't type.
     
  5. Keith Oates

    Keith Oates Janner

    Your company should be thankful that you turned up with only one fully functional hand, many people would have used that as an excuse for a week off!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
     
  6. Twenty Inch

    Twenty Inch New Member

    Location:
    Behind a desk
    Hi TRC

    That's bad news, I'm sorry to hear it.

    Work can take a hike - you've been injured and if you can't type, then you can't type. If they want you to come in to work, then they have to arrange duties that you can carry out while you are healing. HOWEVER, if you think that they are going to get nasty about it, then keep records of any conversations, text messages, phone calls, letters or visits. Remember that managers now have the right to visit someone at home if they are signed off sick. Keep a note of every communication that occurs, and get a friend or neighbour to witness and date it as having happened.

    Perhaps I'm over-reacting, but I have been employed by some shitty people, who would bully and lie as soon as draw breath, and keeping this sort of record can help in subsequent discussions.

    As far as the accident goes, the passenger should have checked their mirror. Was there a cycle lane leading into the ASL? Doesn't sound like it. In any event, the driver is responsible for passenger's safety, and it doesn't sound like they were being very responsible letting their passenger jump out like that.

    You do get in the wars, don't you? Take it easy, you'll be ok, and you'll be back on the bike in no time.
     
  7. BentMikey

    BentMikey Rider of Seolferwulf

    Location:
    South London
  8. Lurker

    Lurker Senior Member

    Location:
    London
    Road Vehicles (Construction and Use) Regulations 1986
    Regulation 105,

    No person shall open, or cause or permit to be opened, any door of a
    vehicle on a road so as to injure or endanger any person.

    +

    From the Highway Code (which refers to the above Regulations), see www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069860


    238-252: Waiting and parking
    238

    You MUST NOT wait or park on yellow lines during the times of operation shown on nearby time plates (or zone entry signs if in a Controlled Parking Zone) – see 'Information signs' and 'Road markings'. Double yellow lines indicate a prohibition of waiting at any time even if there are no upright signs. You MUST NOT wait or park, or stop to set down and pick up passengers, on school entrance markings (see 'Road markings') when upright signs indicate a prohibition of stopping.

    [Law RTRA sects 5 & 8]

    * Download 'Information signs' (PDF, 163K)
    * Download 'Road markings' (PDF, 715K)
    * Help with PDF files

    Parking
    239

    Use off-street parking areas, or bays marked out with white lines on the road as parking places, wherever possible. If you have to stop on the roadside

    * do not park facing against the traffic flow
    * stop as close as you can to the side

    Check before opening your door

    * do not stop too close to a vehicle displaying a Blue Badge: remember, the occupant may need more room to get in or out
    * you MUST switch off the engine, headlights and fog lights
    * you MUST apply the handbrake before leaving the vehicle
    * you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic
    * it is safer for your passengers (especially children) to get out of the vehicle on the side next to the kerb
    * put all valuables out of sight and make sure your vehicle is secure
    * lock your vehicle

    [Laws CUR reg 98, 105 & 107, RVLR reg 27 & RTA 1988 sect 42]
     
  9. LOGAN 5

    LOGAN 5 New Member

    Same thing happened tome several years ago. Passenger opened the door as I was filtering down the inside of a stationary queue of traffic. I went flying over the door breaking my little finger. Had to have an operation to put a pin in it ouch! Police attended and got all his details etc and I was carted off to A&E for a 4 hour wait.

    I was off work for some time but eventually got £5000 from his insurance company.

    The police (CPS) took him to court for opening a door to danger but the ****ard lied about what happened and the dopey magistrate believed him so he got off from a motoring conviction.

    Go after her and make an insurance claim. Good luck.
     
  10. Mister Paul

    Mister Paul Honky

    Location:
    North Somerset
    This is one of the most common problems with filtering. You did nothing wrong in filtering up the inside, and the woman should have checked before opening the door.

    But the sad truth is that you have to be alert to this possibly happening at all times when you're cycling alongside cars. I'm fortunate enough (and it has nothing to do with skill) for it not to happen to me, but I've had a few heart-stopping moments when it almost has.

    I think you'll both have learned something from this, and I hope you recover quickly.

    I'm still looking out for you on Broad St by the way!
     
  11. Wolf04

    Wolf04 New Member

    Location:
    Wallsend on Tyne
    Real bad luck TRC, glad it was only a finger could have been worse, have a virtual hot chocolate and hug!

    A friend of mine recently got a sick note which defined what they could and more importantly couldn't do at work! Worth a thought perhaps.
    Pete
     
  12. dantheman

    dantheman New Member

    yes, as i understand it, bikes (both moror and pedal, i belive) were officially given the green light to filter along the left of stationary traffic a few years ago, and as is pointed out above, the person should have checked before opening the door..
     
  13. magnatom

    magnatom Guest

    Ouch! ;) I hope you heal quickly. It is perfectly legal for you to filter in the way that you did, and the onus is on the person opening the door to be sure that it is safe.

    If you are a member of the CTC phone their legal team. If you aren't, join the CTC and phone their legal team!

    As I have said you are not at fault, but filtering up the left is a risky business. I remember a long thread discussing this, and I remember bonj and others saying that there wasn't a problem with filtering up the left. I pointed out that people were more likely to open doors on you filtering down the left and that idea was poo pooed. However, as you have unfortunately discovered it can and does happen.

    I very rarely filter up the left. Although it might feel more dangerous, it is generally safer to filter on the right.
     
  14. John the Monkey

    John the Monkey Frivolous Cyclist

    Location:
    Crewe
    All the good advice seems to have been given, so commiserations and flapjack/hot tea (virtually) from me.
     
  15. Origamist

    Origamist Guru

    Location:
    Sandbach
    Yes, the passenger should have checked to make sure the road was clear, but quite a few don't. If you're going to filter on the inside do it slowly (sub 10mph) and cover the brakes. This means you should be able to either avoid the dooring or minimise its severity.