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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.


The first thing that I think is collision points... and surely there should be paint scrapings on car/bike and the point of collision should be easy enough for police investigators to find.
 
OP
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alicat

alicat

Squire
Location
Staffs
Thanks, all. It is great to have the support and your comments have given me food for thought.

What bugs me the most is that this is one driver who hasn't been made to reconsider his driving ability and attitude. As he has a company car he has got away with it completely. He hasn't even been given a caution and is re-writing himself as the victim. We can all have moments of inattention when driving but we have a licence to drive a car not a right: prosecution and points or better still a hazard awareness course would give him a reason to reflect on what he could have done differently. He lives off the road he approached the roundabout on and probably hadn't woken up properly or was planning his working week and not expecting to see a cyclist so he didn't see one.

He lives about a mile away from me and it is so annoying to think I could pass him in the street and not know who he was because I was concussed/unconscious.
 

Arch

Married to Night Train
Location
Salford, UK
I'm not sure that he will get away with it completely. If he has to insure any car in the next 5 years then this incident will have to be declared.

Nah, I expect he'll conveniently 'forget' to do even that, and that probably won't matter either.

I wonder if he'd punched someone so hard they were out cold for 30 minutes, whether the police (or CPS or whatever) would be a bit more keen. It really is true folks, if you want to murder someone, just do it in your car, then it won't matter.

I hope one day he's knocked down and gets as much joy.
 
OP
OP
alicat

alicat

Squire
Location
Staffs
I'm not sure that he will get away with it completely. If he has to insure any car in the next 5 years then this incident will have to be declared.

Yes, that will be funny to read.

'I was approaching a roundabout at 20-30 mph. I looked to my right and checked there was nothing coming. I joined the roundabout at the same speed. Immediately I saw a cyclist join the roundabout from my right doing 8-10 mph. She collided with me. She wasn't there when I entered the roundabout and the collision was her fault because she ran into me.'
 

Dan B

Disengaged member
Once you get the insurance payout (and not before unless RJW say so: I don't know if it would prejudice an ongoing case) I would suggest a letter to his employers addressed to the Fleet Manager explaining what happened, reminding them of their duty of care as an employer, and asking about their driver training policies with regard to company cars. I'd throw in "vicarious liability" in there somewhere too: I don't know if it applies in this case (may depend on whether he was driving to work or on company business) or not but it'll help kick it up a bit
 

deptfordmarmoset

Full time tea drinker
Location
Armonmy Way
Am I right in thinking that, from the driver's point of view the roundabout would have looked like this ?

If I've got the angle right, the road layout resembles very closely a busier local roundabout where vehicles pulling out at speed without looking is a routine hazard. I can't do a POV shot on Google because the road in question is the exit from the Rotherhithe tunnel and the streetview car didn't go through it (probably because of restricted headroom.). This though is how it looks from ''behind.'' In both cases there is virtually no angle of deflection for cars approaching so cars approach it at speed as though it was like going straight on. Subconsciously it looks like the open road continued and attention is almost channelled at anything approaching from the road ahead that joins from the left - not the right, where RB traffic might be already approaching.

I'd stress that in the case of the Rotherhithe tunnel, there is no problem of bad light - if anything it's the opposite. The offending traffic is emerging from a winding, constricted and ill-lit 20mph tunnel shaft onto a widening lane that functions as a de facto acceleration zone into the bright light of day. Nor would there have been a question of bad light at 7am in your case because the latest September sunrise would have been over at least 1 hour ago. The only visibility problem is the one that is caused by simply not looking.

Note that the road layout is not the cause of the problem - competent drivers do look to their right - it's just that the design doesn't help when it comes to incompetent drivers who are already planning their rapid exit from the roundabout before they've even got onto it.

EDIT: the ''sunrise at least one hour ago'' assertion is wrong. I'd used timeanddate.com for sunrise times but I failed to notice that it had mysteriously set itself to Kabul time. The nearest latitude to you that I can find is Cardiff, and the month's sunrises go from 6:25 to 7:11. It's still outside the official ''lighting up'' times, though.
 

snorri

Legendary Member
The driver is one ..... who works for .........
I sympathise with your plight alicat and hope it comes to a satisfactory conclusion, but I don't think it is a good idea to publish driver details on the internet as long as there is a possibility of legal proceedings at a later date.
 
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alicat

alicat

Squire
Location
Staffs
Hi Deptfordmaster

You're spot on. That is the driver's view and there is very little angle of deflection. I suspect he was going straight on. I joined 2 junctions earlier and there is very little room between the junction he joined at and the junction I was planning to leave at. The driver was coming from a ring road/bypass type of road off which he lived (about 1.5 miles away). I suspect he did the journey every day and had got complacent. I only did the journey once a week and not usually on a Monday so it was not very likely our paths would have crossed before.

It was a dull day and just daylight. I put lights on when I left home 15 mins earlier as a precaution but they weren't needed at the time of the accident.
 

classic33

Leg End Member
Been there, done that & I'd say like me you'd settle for his head on a plate at the moment rather than money.
http://www.cyclechat...cident-outcome/

Agree with snorri with regards the posting of the drivers details, it could well backfire. I'd edit the posts in which they appear, removing the details.

Make a formal Request to the police at your local station, done in writing, keeping a copy for yourself. Ask to speak to the Duty Inspector with regards making a Formal Complaint. It has to be him/her that takes the complaint. Both of these are the first steps in any complaint against the police & the IPCC cannot be involved until the local force have dealt with your complaint.

Don't do what I did, which was have the matter resolved at a local level. It limits what you can do later & what the IPCC can do.

With regards what parts of the vehicles made contact. If you hit the side of him then you may be said to be the one to be at fault. Even with the give way to traffic already on the roundabout rule. If the front of his vehicle hit you then it could be taken as further evidence that he wasn't driving with due care & attention.

Lighting up times has seen some recent changes & if I remember right, lighting up time now, is "any time the sun is below the horizon". Not set times.
 
OP
OP
alicat

alicat

Squire
Location
Staffs
Been there, done that & I'd say like me you'd settle for his head on a plate at the moment rather than money.
http://www.cyclechat...cident-outcome/

Agree with snorri with regards the posting of the drivers details, it could well backfire. I'd edit the posts in which they appear, removing the details.

Make a formal Request to the police at your local station, done in writing, keeping a copy for yourself. Ask to speak to the Duty Inspector with regards making a Formal Complaint. It has to be him/her that takes the complaint. Both of these are the first steps in any complaint against the police & the IPCC cannot be involved until the local force have dealt with your complaint.

Don't do what I did, which was have the matter resolved at a local level. It limits what you can do later & what the IPCC can do.

With regards what parts of the vehicles made contact. If you hit the side of him then you may be said to be the one to be at fault. Even with the give way to traffic already on the roundabout rule. If the front of his vehicle hit you then it could be taken as further evidence that he wasn't driving with due care & attention.

Lighting up times has seen some recent changes & if I remember right, lighting up time now, is "any time the sun is below the horizon". Not set times.
 
OP
OP
alicat

alicat

Squire
Location
Staffs
Been there, done that & I'd say like me you'd settle for his head on a plate at the moment rather than money.
http://www.cyclechat...cident-outcome/

Agree with snorri with regards the posting of the drivers details, it could well backfire. I'd edit the posts in which they appear, removing the details.

Classic33

What happened to you is terrible. The initial police reaction in my case was good - they looked after my bike at the station and interviewed the driver at the scene. It just fell apart when it reached the Traffic Process Office in Stafford.

Guys

Advice taken! It did give me a certain amount of pleasure at the time but wiser counsel has prevailed.

Most of all I would prefer the driver to learn from the incident but if that is not possible I would like him to have points on his licence. Compensation is way down my list of priorities.

I must say the ambulance crew, police at the scene witnesses, A&E staff and the patients on the ward were all terrific. In particular the ambulance man told me just the right amount of info when I came round - thank you Jason. I'll draw a veil over the stay on the ward but they discharged me with Codeine Phosphate tablets, which are not to be taken 'if you have recently suffered from a head injury [tick] or you have been told you have raised pressure on the brain [tick].
 

classic33

Leg End Member
Keep a record of every officer you see, every letter sent. Don't allow the origionals to be sent anywhere. Work from copies, keeping the origionals as proof that nothing has been altered on them.

RJW were quite willing to work with copies for me.

Might seem a bit long winded, but print off each letter/document you use & keep it safe.
 
OP
OP
alicat

alicat

Squire
Location
Staffs
Reiver/Classic 33

Thanks for the clarification why it matters whether I went into the side of him or he went into the side of me.

The truth is that I have no idea. I have no firm recollection beyond the point where I saw a black car approaching too fast and without any sign that he was stopping or had seen me. I was trying to make eye contact and hoping against hope that he was just cutting it a bit fine to stop.
 
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