Knocked off!

[ClichéGuevara]

Are the Police considering legal action against the driver?

 

[Wankelschrauben]

I have had a similar injury whilst playing rugby a few years ago.

I was told by the hospital that it would never heal properly and that it may cause issues later in life that will require surgery.

I get problems with my shoulder, it play's up whilst cycling where it litterally just falls limp, it fails under load at the gym, it aches constantly whilst driving ect. ect. I don't have full movement either.

Seriously, if I had that caused in a car accident I'd be expecting tens of thousands of pounds in compensation at least.

 

[Sheffield_Tiger]

I was told by the hospital that it would never heal properly and that it may cause issues later in life that will require surgery.

^ This ^


You can't possibly evaluate a settlement yourself without proper medical attention and assesment through the proper channels.

You simply aren't in possesion of the necessary facts and specialist knowlege to evaluate properly the extent of your injuries and what the costs over the short and long term future as a result of this - it's not a "consolation prize" - compensation is to fully compensate you for costs incurred and costs which are likely to be incurred

 

[Simba]

I got just under 4 grand for a broken collar bone after I was car doored. I recommend Alison France Solicitors they have a special cycle related department called bikeline, they are very good.

 

[PJ79LIZARD]

Are the Police considering legal action against the driver?

Not as far as I'm aware.

 

[mr Mag00]

gws!

 

[PJ79LIZARD]

I've just got back from the hospital again, went back to a and e and got it looked at again and got my appointment brought forward to tomorrow morning to see the consultant, the pain level has dropped and I'm finding it more bearable.

Have to wait and see what's said tomorrow.

Think I'm going to go through the insurance, have to get the drivers details.

I just hope it heals ok, but reading others accounts I'm guessing it may never be right, the hospital said it was a common rugby injury. Just have to keep my fingers crossed.

Thanks for your feedback and support, it's appreciated!

 

[Mad at urage]

Hang on: Clear visibility of approaching cyclist, driver admits fault for having driven into cyclist: Police are not looking to prosecute?

Is driving into a person (plus bike) who is clearly visible in front of you NOT falling far below the expected standard of driving of a reasonable and careful driver? Are we supposed to expect every 'reasonable and careful driver' out there not to pay attention to what is on the road in front of their vehicle?

Or is his apologising (he apologised, right?) somehow meant to make it all right? So if I go out and assault someone, now - it will be OK if I call an ambulance and apologise?

This is just bl@@dy crazy!

Oh and hope you do heal OK.

Along with (almost) everyone else, my advice is to consult a (cycle-friendly and aware) solicitor because you are not in any position to make judgements about how much this will affect you at this time. They will have experience of the type of claim this may grow in to (it sounds like a very serious claim to me) and will take the hassle out of it for you.

 

[fossyant]

The police don't have the manpower to prosecute. Nothing happened with the driver that hit me.

Back to OP - good news in seeing a consultant tomorrow - explain that you are a keen cyclist...yadda..yadda etc.

I got fobbed off because I was still cycling (18 months after the accident). It eventually got through to them. Your injuries need fixing as soon as possible, and ideally you need an MRI scan as soon as so they can see the damage, then they will know how to treat it. I ended up having my spine MR'ed first (due to pain and tingling in arm) then it took another year to get the shoulder MRI'ed.

Good luck tomorrow, and push to get an MRI done.

 

[benb]

Once you've seen the consultant, I'd be tempted to send a letter to the Chief Constable and/or the IPCC.
But I expect you have other priorities right now.

 

[gambatte]

Just a quick BTW, I had a recent injury (nothing near as bad as yours!) ibuprofen wasn't touching it. I used diclofenac. Available over the counter. I know you can still use it with paracetamol, probably not contra-indicative with co-codamol either. Although I'd get the latter confirmed by a pharmacist.

All the best - physically and legally!

 

[deckertim]

The police don't have the manpower to prosecute. Nothing happened with the driver that hit me.

When I got knocked off my bike. The policeman at the scene said to the driver that this wouldn't be going any further. I went off at him and said that he couldn't say this and made it quite clear I thought his statement was unacceptable. The incident was then referred to some unit in the Met Police who look at the evidence and then make a decision. They have subsequently sent me a witness statement to fill in.
I am sure that someone better qualified than me will be able to provide details, but if I was as seriously injured as the OP (GWS by the way ) I would be keeping the Police on their toes to make sure they are doing everything possible to investigate this with a view to prosecution. I am fairly sure that if a case was as clear cut as this, the threat of some negative publicity and consequent damage to the reputation of the Police for not prosecuting would be sufficient to make sure a prosecution took place.

Some of you will remember the Bexley Road Rage Case, where the police originally said there was nothing they could do, then once the press got hold of it they started to investigate properly.

 

[CopperCyclist]

Not as far as I'm aware.

If its what you want, chase that one up. In the circumstances you gave, as others pointed out, they have plenty of evidence to do so. And as for 'not having enough manpower', this is a one man job. I'm a response officer, fitting in what enquires I have in between all the emergency calls (and I get a fair few of those as I'm one of he few on our shift carrying Taser) and even I would have time to do this. Yes, it takes time, but its not in any way unacheivable.

1. Statement you
2. Account from the driver, probably a voluntary interview under caution
3. Statement any witnesses
4. Complete a short file to suggest a prosecution.

There are other stuff that could be needed at a later date if the drivers decides to go not guilty (e.g. medical reports, photos of damage to your bike) but that could wait, as its not necessary if he pleads guilty.

If an officer has been 'lazy' and written this off as 'not in the public interest to prosecute', then hes done so by saying ou weren't badly injured. Call up, tell them your full injuries, ask for them to be put on the log and get a log number.

Even if you don't wish to prosecute the driver, I'd be asking for the police to record some acion - e.g. a letter of caution - in case he driver decides to deny liability in a later civil case.

My personal choice on this one would be to suggest to you that I could offer the driver a chance to take a driver improvement course. This would involve him admitting he offence and I think hey are quite beneficial. He has to pay for he course too. I would only offer him his with your permission though.

 

[CopperCyclist]

When I got knocked off my bike. The policeman at the scene said to the driver that this wouldn't be going any further. I went off at him and said that he couldn't say this and made it quite clear I thought his statement was unacceptable. The incident was then referred to some unit in the Met Police who look at the evidence and then make a decision. They have subsequently sent me a witness statement to fill in.

...

Some of you will remember the Bexley Road Rage Case, where the police originally said there was nothing they could do, then once the press got hold of it they started to investigate properly.

With the cost cutting (and to some degree even before this) Traffic Officers started to dissapear. My personal opinion is that they did so because the powers that be figured they were the least like by normal members of the public, as most of the offenders they dealt with were traffic offenders rather than die-hard criminals. (to any traffic officers reading, please note I am saying this was the perception not the truth!). The fall out from this is that if you have an accident, you are likely to get an officer turn up at the scene who has no interest in traffic and no experience in dealing with it.

Heres whats true for my force; there are four classes of RTC (Road Traffic Collision)
1. Fatal - i.e. a death has occurred.
2. Serious - wide ranging definition from life changing injuries down to any broken bone, i.e. even a broken finger.
3. Slight - any injury not falling into the 'serious' category. Shock is included.
4. Non injury.

If its a fatal, Traffic are coming out and it WILL be dealt with properly. For serious, we try to get Traffic, but can't guarantee it. For slight and non-injury, you get your bog standard bobby.

Heres the point I need to make - for 'Non injury' we can write these off ourselves, at the scene, with no need to even complete a report (as long as the RTA is complied with, i.e. insurance held etc). If you have a serious/slight, you should complete a report which will be supervised before its written off.

If you are injured at the scene, make sure you tell the officer this. Get a log number. Ring up later on the same day and 'update' your injuries on the log. Don't let an officer write it off as 'non-injury' if its not.

 

[Alien8]

Same thing (oncoming motorist decides to turn right just as we're about to pass and I end up going over his bonnet) happened to me about three years ago. The police told me that they gave the driver the option of prosecution or a retraining course at his expense. He opted for the course at about £200 if I remember rightly.