This is why I (a cyclist) hate some motorists UPDATE DEC'12
- Thread starter a11y
- Start date
i really want to see this video nowlacroupade said:Paza3 said:A11y,
This is shocking and also as some who likes 2 wheels on pedals it makes me sick, am really glad your ok, I would really go after this guy big time....
I would like to ad addtional charge to this, he has also driven away from a scene of an accident this is in itself a very serious criminal offence and is looked at very dim form the plod.
So get your case together and get him, your actions might make a big difference in your local area! may even save a future accident ... or worse via public awarness
I know I said the same thing, but this one isn't so easy. If my memory serves me right, I believe its only an offence if someone was injured or if third party property (not a vehicle) was damaged. Not sure what the bike counts as but I think Ally should develop a limp or something pronto.
The law may be different in Scotland, but my brother drove into the rear quarter of another car turning right a junction whilst he was apparently being chased by someone he'd pi$$ed off :roll: and he kept going... The police turned up at his house 2 hours later and he was asked to visit the station with them where he was charged with leaving the scene of an accident and also careless driving IIRC. Only damage was his car and the one he hit.
A
Anonymous
Guest
Have to say a11y your self restraint has to admired or did you just remember not to do anything too radical because of camera. Don't know if I could have shown the same, I would have had one of his panels at the least written off as he came to a stop at the roundabout
lacroupade
Lifer
Scottish law says this and refers to the RTA so my guess must be wrong (again),
Road Traffic Act 1988 Section 170: Duty of driver to stop, report accident and give information or documents
If a car is involved in an accident which causes damage to another car, animal* or property, the driver must stop, provide his name and address and that of the owner of the car, to anyone affected by the incident who requests it. If the driver fails to do this, he must report the accident to the police within twenty four hours.
Road Traffic Act 1988 Section 170: Duty of driver to stop, report accident and give information or documents
If a car is involved in an accident which causes damage to another car, animal* or property, the driver must stop, provide his name and address and that of the owner of the car, to anyone affected by the incident who requests it. If the driver fails to do this, he must report the accident to the police within twenty four hours.
lacroupade
Lifer
CPS site actually quotes the RTA 1988 Sect 170 as:
Failing to Stop/Report an Accident
Definition, see Wilkinson's 7.04.
Section 170(2) of the Road Traffic act 1988 provides that the driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the vehicle and the identification marks of the vehicle. The duty to stop means to stop sufficiently long enough to exchange the particulars above: Lee v Knapp [1966] 3 All ER 961.
Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. The duty to report means "as soon as reasonably practicable": Bulman v Bennett [1974] RTR. It does not mean the driver has 24 hours within which to report the collision.
When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. The failure to stop is usually viewed as the more serious of the two.
A person who fails to comply with subsection (2) or (3) above is guilty of an offence punishable with a maximum sentence of six months' imprisonment.
....implying that if he reported it to the police within 24 hours he's in the clear. But IMHO his clearly deliberate and dangerous attempt to hit Ally frankly is far more serious for him.
Failing to Stop/Report an Accident
Definition, see Wilkinson's 7.04.
Section 170(2) of the Road Traffic act 1988 provides that the driver of the motor vehicle must stop and, if required to do so by any person having reasonable grounds for so requiring, give his name and address, the name and address of the owner of the vehicle and the identification marks of the vehicle. The duty to stop means to stop sufficiently long enough to exchange the particulars above: Lee v Knapp [1966] 3 All ER 961.
Section 170(3) places an obligation on the driver, if he does not give his name and address under subsection (2) above, to report the accident to a police constable or police station as soon as reasonably practicable and in any case within 24 hours. The duty to report means "as soon as reasonably practicable": Bulman v Bennett [1974] RTR. It does not mean the driver has 24 hours within which to report the collision.
When the evidence reveals a failure to comply with both subsections (2) and (3), proceedings should be brought for both offences. The failure to stop is usually viewed as the more serious of the two.
A person who fails to comply with subsection (2) or (3) above is guilty of an offence punishable with a maximum sentence of six months' imprisonment.
....implying that if he reported it to the police within 24 hours he's in the clear. But IMHO his clearly deliberate and dangerous attempt to hit Ally frankly is far more serious for him.
I agree. The deliberate, and IMO intentional manoeuvre, was likely to cause damage to damage to propert. This is section 2 offence under the Road Traffic Act aka Dangerous Driving IIRC? Then there's assault, leaving the scene of the accident etc.
Hope they throw the book at him
Sent from my iPhone using Tapatalk
Hope they throw the book at him
Sent from my iPhone using Tapatalk
A
Anonymous
Guest
I have a feeling this thread is gonna be around for a while....
Go get him A11y
Go get him A11y
lacroupade
Lifer
Its one of those rare occasions where an ambulance chasing lawyer seems a good idea....
:thumbsdown: Update that I posted yesterday on my Facebook:
Update on my bike accident yesterday morning: I'm OK, some bruising and soreness, but the bike's a bit broken (all replaceable stuff though). Police advised this morning that no accident was reported within the 24hr period, so that's Failing to Stop and Failing To Report an Accident, at minimum. Witnesses will be contacted for statements but could take a couple of weeks due to shifts. Content of witness statements will dictate what happens next: could be Careless/Reckless Driving, but if intent is proven then will be upgraded to Dangerous Driving. I don't want to say any more than that in case it results court proceedings, and I don't want to jeopardise anything. P.S. I drove into work today :-D
Last night I discovered yet more soreness/bruising on my right hip. I'm noting all this but in all honesty I'll just be happy to have my bike repaired back to pre-accident. The satisfaction will come from having a lunatic punished properly for his crimes...
Hopefully the witness statements will be reliable - if so then I don't think my video will even matter. I've spoken to legal people at the CTC (Cyclist's Touring Club - I'm a member with 3rd party cover and legal assistance with them) who advised I shouldn't broadcast the video online or talk about it - gives any slimy defence lawyer potentially something to use against me. Hence making the video unlisted on YouTube. Don't think I'm doing anything wrong by continuing to update you folks with the FACTS though
Update on my bike accident yesterday morning: I'm OK, some bruising and soreness, but the bike's a bit broken (all replaceable stuff though). Police advised this morning that no accident was reported within the 24hr period, so that's Failing to Stop and Failing To Report an Accident, at minimum. Witnesses will be contacted for statements but could take a couple of weeks due to shifts. Content of witness statements will dictate what happens next: could be Careless/Reckless Driving, but if intent is proven then will be upgraded to Dangerous Driving. I don't want to say any more than that in case it results court proceedings, and I don't want to jeopardise anything. P.S. I drove into work today :-D
Last night I discovered yet more soreness/bruising on my right hip. I'm noting all this but in all honesty I'll just be happy to have my bike repaired back to pre-accident. The satisfaction will come from having a lunatic punished properly for his crimes...
Hopefully the witness statements will be reliable - if so then I don't think my video will even matter. I've spoken to legal people at the CTC (Cyclist's Touring Club - I'm a member with 3rd party cover and legal assistance with them) who advised I shouldn't broadcast the video online or talk about it - gives any slimy defence lawyer potentially something to use against me. Hence making the video unlisted on YouTube. Don't think I'm doing anything wrong by continuing to update you folks with the FACTS though
Bing said:
I think we need to put last years increase in cycling serious injuries/deaths in perspective. Yes there's been an increase but I've seen a variation up and down over last 10 years ago. Cycle deaths were several thousand in the mid 30's! Don't forget that more people are now using their cycles, like Ally, for their daily commute to work as is pointed out here:-
http://www.guardian.co.uk/lifeandstyle/2011/dec/27/cyclist-deaths-rise-recessions
lacroupade
Lifer
a11y said:Update that I posted yesterday on my Facebook:
Update on my bike accident yesterday morning: I'm OK, some bruising and soreness, but the bike's a bit broken (all replaceable stuff though). Police advised this morning that no accident was reported within the 24hr period, so that's Failing to Stop and Failing To Report an Accident, at minimum. Witnesses will be contacted for statements but could take a couple of weeks due to shifts. Content of witness statements will dictate what happens next: could be Careless/Reckless Driving, but if intent is proven then will be upgraded to Dangerous Driving. I don't want to say any more than that in case it results court proceedings, and I don't want to jeopardise anything. P.S. I drove into work today :-D
Last night I discovered yet more soreness/bruising on my right hip. I'm noting all this but in all honesty I'll just be happy to have my bike repaired back to pre-accident. The satisfaction will come from having a lunatic punished properly for his crimes...
Hopefully the witness statements will be reliable - if so then I don't think my video will even matter. I've spoken to legal people at the CTC (Cyclist's Touring Club - I'm a member with 3rd party cover and legal assistance with them) who advised I shouldn't broadcast the video online or talk about it - gives any slimy defence lawyer potentially something to use against me. Hence making the video unlisted on YouTube. Don't think I'm doing anything wrong by continuing to update you folks with the FACTS though
I was going to say earlier Ally, it would be an idea to take the vid down I suspect; after all this forum is easily accessible to all.
a11y said:
Go and see a doctor A11y! Not so you can make a personal injury claim, but for record of your injuries. It may not seem much now, but sometimes things evolve. I've seen lots of patients who got away with only "minor injuries" after medium or even high energy trauma who have developed significant problems down the line. These may have been precipitated by the injury in a patient with other predisposing factors, or directly caused by that injury. The other very good reason is that it may have bearing on the charge levied against and punishment metered to the a$$hole in the question. Your insurance company should be able to send you to a private injury clinic who can document everything.
Mrs a11y's an A&E consultant and I've already been warned against even thinking about wasting my GP's time :lol:BMWZ4MC said:
Seriously though, I can feel that obviously I've had an impact on my hip, but I have far worse on a regular basis sustained when MTBing. I've got a fondness/attraction for trees it seems. I know precisely what you're suggesting and am glad you said about NOT for personal injury claim, but I've been getting them documented by my wife. I know she's not independent but she did an, err, very thorough assessment. JimmyPop's already volunteered too but I need a real doctor who drives more than a starter motor :wink:
doofus4000
Active member
holy s**t! glad youre ok a11y..by that I mean alive lol
as a fellow cyclist I fully sympathise with you, makes me mad when I just read your account of events, hope your witness statements work out and this guy gets some sort of conviction against him!! would love to see the video!! (any chance of emaling me it? lol)
regards your helmet..I have that same fondness of trees and have came off the mtb quite a few times and it doesnt take much to seriously damage it! How much do you reckon it would take to fix your bike and clothing as a matter of intrest?
as a fellow cyclist I fully sympathise with you, makes me mad when I just read your account of events, hope your witness statements work out and this guy gets some sort of conviction against him!! would love to see the video!! (any chance of emaling me it? lol)
regards your helmet..I have that same fondness of trees and have came off the mtb quite a few times and it doesnt take much to seriously damage it! How much do you reckon it would take to fix your bike and clothing as a matter of intrest?
UPDATE: two weeks on and the police haven't yet spoken to the witnesses. PC is back on shift this Saturday morning and I expect answers.
A mate just sent me THIS LINK on the BBC website of a cyclist getting intentionally taken out by a bus. Broken leg and wrecked bike but could've been worst. Bus driver jailed for 17 months. Yes my incident's of far less severity, but that would be a great outcome for me...
A mate just sent me THIS LINK on the BBC website of a cyclist getting intentionally taken out by a bus. Broken leg and wrecked bike but could've been worst. Bus driver jailed for 17 months. Yes my incident's of far less severity, but that would be a great outcome for me...
