Police accepted word of driver.

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snorri

Legendary Member
Following collision between a motor vehicle and cyclist, police accepted word of driver and passengers that cyclist had swerved in front of vehicle. The cyclist wasn't asked for his version of events:ohmy::ohmy:.

Reported in the P&J today.

Police have apologised to a cyclist for failing to investigate a north road accident which left him with serious injuries.

Alexander Gibson suffered a fractured pelvis as well as damage to his elbow and shoulder when he was hit by a minibus on the A87, near Eilean Donan Castle, in April 2013.

The 67-year-old fought an 18-month battle for compensation with the bus driver’s insurance company to establish he was responsible because he failed to leave enough room when overtaking.

And now Mr Gibson has received an apology after police failed to take his statement, or carry out a full investigation into the accident.
Statements were taken by officers from the driver and two passengers, who said that Mr Gibson had swerved into the path of the bus, which the victim disagreed with.

Chief Inspector Colin Gough, area commander for South Highland, investigated Mr Gibson’s complaint and called handling of the incident “totally unacceptable” in his letter of apology.

Mr Gibson, of Whitburn in West Lothian, said: “Because the police immediately assumed the driver of the minibus was right and I was wrong, I have had to fight to prove that the accident was not my fault.

“Having done so, now the police can only apologise that they did not do their job. This cannot be right. The law is in place to act as a deterrent and to protect people, but the opposite has happened. We need a change.”

Brenda Mitchell, of Cycle Law Scotland, acted for Mr Gibson in his battle against the insurance company.

She said: “The damage to Mr Gibson’s bike and the fact that he was found on his own side of the carriageway, suggests that the driver in this case did not give Mr Gibson enough room when attempting to overtake.

“However, no due diligence was undertaken by the police and the driver was never put under any scrutiny. And without any charges brought against the driver, Mr Gibson had an uphill battle to prove he was doing nothing wrong.”

A police spokesman said: “Police Scotland can confirm that a complaint about the investigation of a road traffic collision has been received.

“We have acknowledged that the investigation into the collision in this case was not wholly satisfactory, have apologised to Mr Gibson and have ensured that any learning from this incident has been shared amongst officers.”
 
That's outrageous. Why would you swerve in front of a minibus? common sense failure on the part of the police.
 

Accy cyclist

Legendary Member
"Statements were taken by officers from the driver and two passengers, who said that Mr Gibson had swerved into the path of the bus, which the victim disagreed with"

Did the passengers really see what happened i wonder?
 
Another reason for a head cam

Friend of mine had a similar case ( minor injury and bike damage) let the driver explain it all to the Police, then handed over the video, watching the driver's
face pale as he alised that it would not show what they were claiming

Changed their evidence there and then
 

buggi

Bird Saviour
Location
Solihull
And as it was a minibus, you would naturally presume the driver knew the passengers, even if he had only met them that day they could have built up enough of a rapport to be biased in their account of what happened.

Appalling.
 

Globalti

Legendary Member
Are you surprised when a minority of cyclists feck it up for the rest of us by jumping red lights, riding on the pavement, going the wrong way up streets and generally antagonising the rest of the public?
 

winjim

Straddle the line, discord and rhyme
Anyway, define swerve. Cyclists do move about in the so called dynamic envelope, and to avoid potholes and such, which the highway code tells drivers to mind out for. It would need to be one hell of a swerve to interfere with a properly executed overtake.
 
http://www.cyclelawscotland.co.uk/article/police-complaint-by-cyclist

No statement was taken from Mr Gibson, no formal road traffic investigations were carried out at the scene, and the driver was not reported for any office despite the serious nature of the accident and against all normal procedures, implying that from the beginning, the word of the minibus driver was taken over Mr Gibson’s version of events.

Colin Gough, Chief Inspector for South Highland Area Command called it “totally unacceptable” in his letter to Mr Gibson, upholding the complaint.
 

Dan B

Disengaged member
Are you surprised when a minority of cyclists feck it up for the rest of us by jumping red lights, riding on the pavement, going the wrong way up streets and generally antagonising the rest of the public?
I'm more suprised that anyone still believes the rest of the public would behave any differently towards cyclists if we all rode like angels. It's not as though car drivers are exactly the perfect road users, is it? But because car driving is seen as normal and cycling isn't, bad behaviour by motorists is explained away but bad behaviour by cyclists is presented as evidence that cyclists are bad people
 
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