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alicat

Squire
Location
Staffs
In late Sept I was knocked off on a roundabout by a car that failed to give way. I had to have 8 stitches in my head, have no recollection of the actual collision or 30 minutes afterwards, had bad bruising especially to my buttocks, and spent the night in hospital. At the hospital they thought I had fractured my skull at first and I think I was lucky not to fracture my pelvis either.

Now I have just heard the driver has denied liability saying that he was already established on the roundabout and I collided with his vehicle! I ought to audition for the track at London 2012 if I can set off from a standstill on joining a roundabout and collide with a car that has joined two exits later, without him having a chance to stop.

I was quite upset in December when the Police declined to prosecute 'due to insufficient evidence' despite there being three independent witnesses, including the driver of the car following me who has since told me she knew he was going to hit me. Now the driver's denial of liability is just adding insult to injury.

The collision happened on Monday 27th Sept last year just after 7 am. I was cycling on my Brompton to the mainline train station in Lichfield. I was almost at the end of my journey along Trent Valley Road (A5127) when I gave way at the roundabout known locally as Trent Valley Island for two cars then set off. I was half way round when I became aware of a black car approaching from Eastern Avenue (A5192) and remember thinking that he was leaving it a bit late too late to stop and that surely he had seen me. Then (I am not sure if this is a true memory or something I dreamt as I came round in the ambulance) he seemed to be alongside me and I decided not to leave at the next junction in a vain attempt to avoid a collision. I have no recollection after that and only came to about 30 minutes later in the ambulance.

I spent that day and most of the following day in hospital and should have stayed in longer except that it wasn't restful at all. I had 8 stitches in my head and bad bruising to my buttocks. It was the last week of a contract and I had to take myself out of the running for a good job because I wasn't fit to work for the next 5 weeks. It has left me nervous of traffic and my memory still isn't back to normal.

I can pinpoint the location on Google maps but it doesn't seem to translate into a link.

As I am in the CTC I have taken advantage of their 'no cure no pay' legal scheme to sue the driver. However if I had to choose between getting compensation and him being prosecuted I would choose the latter any day.

The decision to prosecute was bad enough and this just adds insult to injury. He drives a company car so it won't even affect his premium.

This is just another victory for the car culture!

Can anyone send any kind wishes my way as I am really really hacked off. It is taking all my strength not to go straight round to his house and ask him to repeat his reason for the collision to my face.
 

Fran143

Über Member
Location
Ayrshire
So sorry to hear what happened to you, it is so infuriating as you say he is getting away with it on all accounts! Similar thing happened to me recently but luckily enough the car that pulled out on me stopped in front of me so I actually pranged it before coming off my bike-Driving instructor no less-who said I'd been going to fast....from a stationary position! So you really have my symphathy and hard as it might be you are going to have to let it go or you will end up so blinking p'd off and frustrated but still unable to do anything about it.
 

rusky

CC Addict
Location
Hove
Sorry to read about this, I just hope it hasn't put you off cycling. What do the CTC legal bods suggest?
 

subaqua

What’s the point
Location
Leytonstone
thats shoot.

please don't let it put you off cycling. not all drivers are arseoles.

karma is a strange thing though , so maybe they will get their just desserts.
 

summerdays

Cycling in the sun
Location
Bristol
That sounds bad luck .. have the police given a reason not to prosecute ... surely with the supporting evidence from other car drivers plus the information they could work out at the scene they could work out he hadn't given way. I hope you succeed in getting some compensation.
 
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alicat

alicat

Squire
Location
Staffs
Hi all

Thanks for your kind comments. I know I will feel calmer about it soon and at least he is not saying he didn't see me because I wasn't visible (it being daybreak although I had good lights and reflectors etc).

I forgot to mention in my post that the unofficial reason why the police aren't prosecuting is that I wasn't wearing hi-viz clothing. They told me what when I called me to ask why the evidence was insufficient. That's why the whole episode seems like a victory for the car culture.

Fran143

The legal bods (Russell Jones and Walker) are asking for my comments and are going to get a copy of the police report and take up statements from the witnesses.
 

summerdays

Cycling in the sun
Location
Bristol
If that is really the reason that that aren't prosecuting as opposed to being something they haven't told you then we "the cyclist" are in trouble if the motorist is deemed to be in the right because we aren't in hi-vis. I was going to ask if you had lights on but I presume at 7 am in September its light (I can't remember what it is like in September at that time.)
 

longers

Legendary Member
Is the bike ok? Don't think you mentioned it.

Best wishes for a resolution in your favour, and getting back to enjoying the roads.

Don't know if more complaining to the police will help or make you feel better but I really hope that "Hi-viz" doesn't get taken into account more often.
 

Stingy

New Member
Very disgusting to imply it is not the drivers fault because you - the victim - weren't wearing a certain type of clothing. I suppose it would be ok for you to ram your bike into his black car and claim you couldn't see it.

If you want to post a link from google Streetview. dont copy the link in your browsers address bar. Look on the righthand side of the screen - it's says 'Link' next to 'send' & 'print' - that will give you the correct link to be able to post it here.
 
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alicat

alicat

Squire
Location
Staffs
Here's the place.

The locus in quo


I was approaching from the west (Trent Valley Road) and the driver from the north (Eastern Avenue). The collision happened about where the white van is in the picture. I have been down the road by car from the driver's angle and there is good visibility.

I did have good lights.

I think a helmet camera might have changed the outcome. I haven't been tempted to get one as I try to stay calm about cycling and that might make me more obsessive about near misses.
 

Gerry Attrick

Lincolnshire Mountain Rescue Consultant
Sorry to hear of your off Ali but I am glad you are on the mend. The CTC solicitors have an excellent track record so hopefully you will cost the despicable little runt a few bob.

As far as the police excuse for not prosecuting, take that with a pinch of salt. Sadly I suspect if you were wearing hi viz, they would have found an alternative "reason".
 

RecordAceFromNew

Swinging Member
Location
West London
Sorry to hear of your off Ali but I am glad you are on the mend. The CTC solicitors have an excellent track record so hopefully you will cost the despicable little runt a few bob.

As far as the police excuse for not prosecuting, take that with a pinch of salt. Sadly I suspect if you were wearing hi viz, they would have found an alternative "reason".

+1. RJW is one of London's top firms of solicitors in a number of areas, personal injury and employment laws amongst them, and head of injury law being a keen cyclist. Chance is with witnesses and evidence on your side you will win your case and the damages you deserve, which could well be a tidy sum. Best of luck!
 
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alicat

alicat

Squire
Location
Staffs
I suspect you're right, Gerry. I get the sense the police don't think it is serious enough to prosecute and there is a bit of wriggle room because of the time of day. I have written to them asking them to reconsider and pointing out that the driver simply wasn't concentrating but I don't hold out much hope.

It's cheering me up to think of him as a despicable little runt so keep those kind thoughts coming my way.
 
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alicat

alicat

Squire
Location
Staffs
I suspect you're right, Gerry. I get the sense the police don't think it is serious enough to prosecute and there is a bit of wriggle room because of the time of day. I have written to them asking them to reconsider and pointing out that the driver simply wasn't concentrating but I don't hold out much hope.

It's cheering me up to think of him as a despicable little runt so keep those kind thoughts coming my way.
 
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