Sue another cyclist?

[Arch]

Email from a mate yesterday, said he'd been knocked off his bike by another cyclist (well, a POB).. He was overtaking this guy, when he (the POB) suddenly swerved out, apparently to make an illegal right turn. Result, my mate knocked off at about 20mph, and a trip to A and E to find that he's got a lot of strained muscles and is on painkillers, but thankfully no broken bones...

Which leaves him in the interesting situation of contacting the CTC with an eye to seeing if he can claim anything in the way of Personal Injury... (I gather the bike is OK)

Actually, I think he's fairly sure he's onto a loser, it's unlikely the other guy has any 3rd party insurance of any sort (looked like a student apparently, so may not even have home contents insurance). The lad did stay at the scene until the ambulance arrived, and gave a name and address, but apparently seemed fairly unaware of any of the rules of the road.

It just set me wondering how often the CTC are asked for help to sue another cyclist? After all, if they are negligent or dangerous, don't they deserve what they get, just like a motorist....?

 

[yello]

I'm so 'this-way-that-way' on things like this. I like to think that in life there are such things as 'accidents'. And that a decent health and social welfare system looked after the injured party. But such thinking is sadly naive. And accidents cost people. If someone else's actions cause a person to be off work, loose a job (or worse) then what other cause of action has the injured party got?

 

[User482]

After all, if they are negligent or dangerous, don't they deserve what they get, just like a motorist....?

Yes!

 

[fossyant]

Probably has little chance especially if the individual isn't insured....thank goodness not too many pobs on my commute. I wouldn't risk the main student run as they are all total loons on bikes

 

[domtyler]

Almost exactly the same thing happened to me last year, I was bombing along, just overtaking some kid on a bike in the gutter when he veered across my path to turn right without even looking. Fortunately I managed to make evasive manoeuvres and avoided a collision.

In answer to your question, yes he should be sued, how else can people be taught that their negligence has consequences that they have to face up to?

 

[biking_fox]

Wish I'd sued the girl who ran into me a few years ago. I was stationary at a red traffic light. Bang. Pick self up from floor. "Oh I didn't think you'd stop". .

One new rear wheel later. ... no longer contactable at the address she'd given. !.

Yes. ask for compensation. but if your are fit ot go back to work, and the bike's ok, it probably won't be much.

 

[Cab]

In principle, I rekon that the other guy should be held liable for damage. In practice, its going to be a hard slog to get it.

 

[Amanda P]

Insurance shouldn't matter. The usual arrangement if you are insured is that your insurance company acts for you, and pays out if necessary. But as an individual you are still liable, insured or not - if you can be tracked down and made to pay.

This thread has some interesting info on using the Small Claims court for this sort of thing.

It's my understanding, though, that you can only claim actual financial losses this way (bike repairs, new clothes etc), not punitive damages. The court can award court costs against either party, or split them 50:50, so the defendant might end up paying rather more than just the complainant's out of pocket costs.

 

[andy_wrx]

It just set me wondering how often the CTC are asked for help to sue another cyclist? After all, if they are negligent or dangerous, don't they deserve what they get, just like a motorist....?

Abso-bloody-lutely !

I despair of the US litigation system, or 'where there's blame there's a claim' accident chasing lawyers, so if all that happens is a bit of a scratch, oh well.

But if someone's genuinely injured in an incident, has time off work, suffers financial losses, etc and it's the other person's fault through negligence or intent then sure you should claim if you can.

Whether it's cyclist-v-cyclist, cyclist-v-motorist, cyclist-v-pedestrian
- or motorist-v-cyclist, pedestrian-v-cyclist if the cyclist was at fault...

 

[Jacomus-rides-Gen]

Absolutely right, I was knocked off in Battersea Park by a suddenly right turning POB. I was overtaking at a fair lick, when he suddenly swerved right round and t-boned me. He cycled off before I could get myself together and chase him down.

Glad your friend is mostly ok. Defo persue the claim, tis no different than being hit by a car.

 

[gambatte]

Sometimes the POBs get caught out instant consequence. Theres a thread on Sheffield forum right now. Speeding road/pavement cyclist in busy traffic, handlebars loaded with 4 bags of shopping, dishing out the rods to anyone who complained and beeped their horns. Apparantly endangering traffic and peds.

He suddenly found traffic had stopped, he couldn't make progress and a 6"+ builder had just got out of his van..........

Although I don’t condone violence and therefore can’t say he ‘deserved’ what he got, behave like this and you lower the odds of getting in this kind of situation.

 

[magnatom]

When I first read the title of this I read it as 'Sue, another cyclist?'

I was going to answer, yes you are!

On topic, yes cyclists should be held as responsible as any other road user.

 

[Tynan]

if you sue someone without insurance you're almost certain to find out they've destitute and the court's going to make them pay you £2 a week or suchlike

I generally give other bikes serious room or a ding of the bell as I approach

like the builder story, although cab'll be along shortly to prove the rods didn't provoke anyone

 

[Plax]

Pardon my stupidity, but what is a POB?

 

[gambatte]

Pardon my stupidity, but what is a POB?

'on bike'

dependant on who's using it the 'p' can be person, pedestrian or pr....k