Just back from A&E

[the reluctant cyclist]

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!

 

[LLB]

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

 

[Trillian]

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.

 

[LLB]

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.

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.

 

[Keith Oates]

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!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

[Twenty Inch]

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.

 

[BentMikey]

It's their fault, entirely. See highway code rule 239:

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069860

"you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic"

 

[Lurker]

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]

 

[LOGAN 5]

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.

 

[Wolf04]

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

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

 

[dantheman]

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!

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..

 

[magnatom]

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.

 

[John the Monkey]

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

 

[Origamist]

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..

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.

 

[mr_cellophane]

If there was room for you to filter, then they were stopped to far out from the curb.
Was there railings which would have made it less likely you would expect then to get out ?
Go back and take some photo's of the road and all the markings (yellow/red lines etc). They may come in handy later on.

I hope it doesn't make you an even more Reluctant Cyclist. I had someone do a similar thing to me, although I was nearly stopped at the time. Car pulled up on a light controlled RDB. Rear passenger opened the door even though there was railings and it was on to an island. I used some choice words and he closed the door. I went to move up to the stop line and the front passenger opened her door !! The driver was most appologetic and they pulled round and stopped further up the road to get out.