Knocked off

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Oh well, it had to happen at some time I suppose. Luckily I'm alright and the bike is undamaged.

It happened at about 11am this morning on the A38 road, not far from Cheddar. A Mitsubishi pick-up and trailer overtakes, coming in very close methinks, I stop, more out of necessity than anything, and the trailer full of timber knocks me off. I land on the grass verge as does the bike but am grazed up the right-hand side. Luckily he was going so slowly whilst looking to turn around in the garage opposite.

I phone the police, they arrive with an ambulance and take statements - the ambulance wasn't overly necessary but they called one anyway. I explain that the chap overtook me and gave me nowhere to go as his load barged me off the bike. He has done the right thing by pulling over at this point but subsequently, I can only presume, gives his version which involves me undertaking him (not so). The officer looks at any CCTV footage from the garage opposite, but surprise surprise there is none and so 50-50 according to the policeman. I explain in no uncertain terms that I did not undertake and was stationary when I was knocked off but he explains that CPS rules mean if there are no serious injuries then no further action could be taken. I say, in turn, that it's slightly odd that if he was to blame or that a driving offence had been committed that only the absence of a serious injury meant it could go no further? How shameful tow ait until someone is seriously injured.

So, I phone British Cycling and go about it this way, having legal representation with them and I am going for civil damages.

I have absolutely no faith in the Police whatsoever - waste of space is bordering on a compliment the way I feel right now.
 
Oh well, it had to happen at some time I suppose. Luckily I'm alright and the bike is undamaged.

It happened at about 11am this morning on the A38 road, not far from Cheddar. A Mitsubishi pick-up and trailer overtakes, coming in very close methinks, I stop, more out of necessity than anything, and the trailer full of timber knocks me off. I land on the grass verge as does the bike but am grazed up the right-hand side. Luckily he was going so slowly whilst looking to turn around in the garage opposite.

I phone the police, they arrive with an ambulance and take statements - the ambulance wasn't overly necessary but they called one anyway. I explain that the chap overtook me and gave me nowhere to go as his load barged me off the bike. He has done the right thing by pulling over at this point but subsequently, I can only presume, gives his version which involves me undertaking him (not so). The officer looks at any CCTV footage from the garage opposite, but surprise surprise there is none and so 50-50 according to the policeman. I explain in no uncertain terms that I did not undertake and was stationary when I was knocked off but he explains that CPS rules mean if there are no serious injuries then no further action could be taken. I say, in turn, that it's slightly odd that if he was to blame or that a driving offence had been committed that only the absence of a serious injury meant it could go no further? How shameful tow ait until someone is seriously injured.

So, I phone British Cycling and go about it this way, having legal representation with them and I am going for civil damages.

I have absolutely no faith in the Police whatsoever - waste of space is bordering on a compliment the way I feel right now.

Good to hear you and your bike are ok :thumbsup:
 

ianrauk

Tattooed Beat Messiah
Location
Rides Ti2
When I had my coming together with a police van last year. He tried to blame it all on me. However I had an independent witness who said in no way was I to blame.
The CTC (Slater & Gordon) got on my case and won damages (on going medical problems).
However... they did say that if I didn't have a witness then they wouldn't have taken the case on as it would have been my word against the drivers.
I fear that will be the outcome for you.

Glad to hear you were not hurt.
Shameful behaviour by the driver too.
 
OP
OP
Monsieur Remings
Location
Yatton UK
Fair enough Ian, I think so too. I've gone through BC and there are no witnesses but have nothing to lose involving the firm's insurance company.

Thanks for the reply.
 

Archie_tect

De Skieven Architek... aka Penfold + Horace
Location
Northumberland
What damages can you claim for?
Watch out for the call-out charge from the Ambulance Service though. When I got knocked off my motorbike I received an invoice for the cost of the attendance of the ambulance as it was an accident, even though the Police had called them not me, and one from Leeds City Council Highways to repair the bollard which I knocked over as I hit the ground...
 
OP
OP
Monsieur Remings
Location
Yatton UK
Damage to clothing and for cuts to self Archie. Mainly to let their/his insurance know there's been an incident. I know I'm not looking at much but it will pay for a new set of Castelli's which have been damaged as a result of this fool's behaviour. According to the solicitor at the BC firm, it's usually worth a go as the insurance companies will likely agree a small sum to settle.

Who knows...I'm only saying what's been said to me.
 

colly

Re member eR
Location
Leeds
and one from Leeds City Council Highways to repair the bollard which I knocked over as I hit the ground...

Well I hope you paid promptly ! My rates are enough as it is.


Dammed reckless northerners coming along and smashing the place up.
 

Archie_tect

De Skieven Architek... aka Penfold + Horace
Location
Northumberland
Well I hope you paid promptly ! My rates are enough as it is.


Dammed reckless northerners coming along and smashing the place up.
It was 1977 when I was a native.... my insurers had to pay out for it as the artic. lorry driver drove away chased by the police car who was 2 cars behind me, but they claimed 'they didn't see anything' so couldn't verify that the lorry pulled out on me!
 

Archie_tect

De Skieven Architek... aka Penfold + Horace
Location
Northumberland
Damage to clothing and for cuts to self Archie. Mainly to let their/his insurance know there's been an incident. I know I'm not looking at much but it will pay for a new set of Castelli's which have been damaged as a result of this fool's behaviour. According to the solicitor at the BC firm, it's usually worth a go as the insurance companies will likely agree a small sum to settle.

Who knows...I'm only saying what's been said to me.
Sorry Mr R, read my post and if it sounded like criticism it wasn't meant... glad you are OK... but do watch out for the ambulance charges!
 

DCLane

Found in the Yorkshire hills ...
Glad you're OK.

Where was the accident at? i.e. if it's along an A-road road where traffic's fast-moving I'd have thought it's unlikely a drivers' claim of under-taking would work, unless it's coming up to a junction/lights.
 
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