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Accident - what wou...
 

[Closed] Accident - what would you have done?

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I had a coming together with a car last night – filtering through traffic, a passenger opened a door and stepped out into my path. I was travelling at not far short of 20mph (was trying to get to the lights before they turned green) and went straight into her. She took the impact, but was knocked hard enough into the door to bend the frame. The door wouldn’t shut afterwards, so I imagine this would be an expensive repair. My bike's absolutely fine, other than some scrapes.

No blood, no breakages, but a lot of bruises. My neck’s in a bit of a state, and my right thigh (which somehow impacted solidly into the edge of the door) is exceptionally painful. I was about to give my details, but the driver became very aggressive, tried to blame me, and was becoming verbally and physically quite intimidating. So I rode off.

I know that I’ve broken a law by leaving the scene of an accident, but I don’t believe that I’m morally in the wrong. I didn’t cause the accident, I couldn’t avoid the accident. OK, I could have ridden more slowly, so there's a degree of culpability here, but anyone who opens a door and just steps out without looking is a complete idiot. If I'd been going at 3mph there would still have been an impact, though with much reduced consequences.

Interested to know the collective thoughts here - what would you have done?


 
Posted : 24/11/2011 2:28 pm
 hels
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Probably the same, but you still should get down to the cop shop and report it, explaining exactly why you left the scene.


 
Posted : 24/11/2011 2:31 pm
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So are you saying you went up the inside of a car at lights, when there wasnt a cycle lane?


 
Posted : 24/11/2011 2:32 pm
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What Hels said.


 
Posted : 24/11/2011 2:32 pm
 JonR
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Its easy to sound like a hard man online but I'd probably meet the agression with more agression. probably not the wisest cause of action but when I'm in pain my temper shortens.


 
Posted : 24/11/2011 2:33 pm
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what would you have done?

if I had 3rd party incurance (CTC, BC etc)

call the police, report the accident and the aggressive driver, look for CCTV

dooring a bike rider is a specific offence


 
Posted : 24/11/2011 2:33 pm
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[url= http://www.londoncyclist.co.uk/secure/ever-been-doored-it-is-actually-illegal/ ]Passenger's fault[/url]


 
Posted : 24/11/2011 2:33 pm
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Report it to the police. Did you have her number? then get to the G.P. so he can take a look, and you have a back up if any delayed onset injuries result.

Speaking with hindsight after a severe spinal injury which i thought at the time was nothing...


 
Posted : 24/11/2011 2:33 pm
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If you were filtering up the inside of a row of cars at the lights at 20mph I don't think this thread is going to end well.

Having said that;

I think it's only drivers who can be done for leaving the scene as it's an endorseable offence?

Glad you're mostly ok but probably worth a precautionary visit to some form of qualified person re: the neck.

I suspect my kids would just open the car door if we were against the kerb(ish) and they wanted to get out.


 
Posted : 24/11/2011 2:33 pm
 hora
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OP If you were undertaking I think you should have stopped and provided contact details.

If you were overtaking (i.e. the passenger got out of the offside rear) I don't think there is any comeback or moral obligations.


 
Posted : 24/11/2011 2:34 pm
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20mph

Filtering

Racing to the lights

Rode off without leaving your details

No sympathy for me and hopefully they catch up with you. Man up and take the responsibilty


 
Posted : 24/11/2011 2:35 pm
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It sounds like you were both injured (albeit just bruising) so you are required to report it to the police by law. I would, purely on the basis they probably have and the police are looking for you. you have a certain time period to report it if you did not feel safe to do so whilst at the scene.


 
Posted : 24/11/2011 2:36 pm
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Up the inside of a lane of cars at 20mph! Thats asking for trouble. If you're determined to go at that speed overtaking cars then go up the outside.

[i]I was travelling at not far short of 20mph (was trying to get to the lights before they turned green) and went straight into her.[/i]

I take it you didn't make the lights then.

But yeh I'd have left too, probably.


 
Posted : 24/11/2011 2:36 pm
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20mph

Filtering

Racing to the lights

Rode off without leaving your details

No sympathy for me and hopefully they catch up with you

You sit in stationary traffic? Good for you, but it's not against the law to filter (between lanes 1 and 2 of a 3-lane road, in this instance). Filtering between the kerb abd land 1 is something I don't do - too many variables.

In this case the car was in lane 2 when the door opened - slightly surprising!


 
Posted : 24/11/2011 2:39 pm
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I don't get this cyclist obsession with having to get to the front of the traffic queue at lights. It's just as bad as car drivers accererating past cyclists and turning in sharply in attempt to get round a corner quicker.

Patience is a virtue.


 
Posted : 24/11/2011 2:40 pm
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Might not be against the law but I always filter with caution.

I don't either Bob, I usually sit in the short queues going from Shawlands and through Giffnock and most folk on bikes, wobble to the front, hold everyone up only to be passed by me seconds later.


 
Posted : 24/11/2011 2:40 pm
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Hope you get better soon - maybe see the doctor if you've hurt your neck.

As above, the passenger has definitely committed an offence.

Filtering at almost 20mph - I don't know if that would constitute the offence dangerous cycling, but I'm sure some would consider it so. That said, 'almost 20' is just your estimate, and it's not as if the passenger can admit seeing you coming.

Riding off, in the circumstances you describe, seems perfectly reasonable.

Have you got the car details?


 
Posted : 24/11/2011 2:41 pm
 hora
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The car must have been stationary though for the passenger to alight. Which begs the question, temper speed and be prepared/caution if the lights green and a car is stationary (or brake lights on to stationary).


 
Posted : 24/11/2011 2:41 pm
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You sit in stationary traffic? Good for you, but it's not against the law to filter (between lanes 1 and 2 of a 3-lane road, in this instance).

I do filter if it's safe, at less than walking pace, not with some mad TdF fantasy going on in my head as I sprint to the traffic lights


 
Posted : 24/11/2011 2:41 pm
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+1 for jonR. Meet aggression with untempered violence. Easier said than done if you are injured though. I dont have much faith in the legal system. And to be honest Id probably have decked her as well.


 
Posted : 24/11/2011 2:42 pm
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[i]between lanes 1 and 2 [/i]

I'd say it was the passengers look out if they were in the middle lane then.

I'd go and visit the cops, if only to get your side of the story in first.


 
Posted : 24/11/2011 2:42 pm
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Filtering on either side on a bike isn't an offence but going that fast is possibly showing undue care and attention. As said above "dooring" a cyclist is a specific offence but seeing as you and the bike are ok (ish), you left the scene and didn't report it, I'd be tempted to let it go and learn from it.


 
Posted : 24/11/2011 2:44 pm
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tough call having legged it I would probably stay legged and cycle a different route on a different bike in different clothes

At the time I would have stayed and dealt with it
I have insurance though to cover me for stuff like this.


 
Posted : 24/11/2011 2:46 pm
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I hit a tree a few weeks back at just over 20mph....I feel your pain. My neck and shoulders have whiplash which I wasn't aware of for a few days.
I would report the incident though....maybe a bit vague on the speed bit...


 
Posted : 24/11/2011 2:47 pm
 hora
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I stopped filtering (undertaking mainly isn't it) and instead always go up and over as I see it (not sure if this is fact or recognised) but you as a driver are more likely to check your right/outside/nearest mirror than you are your inside mirror. So I always go along the offside/drivers side. If I'm overtaking a line of traffic and oncoming traffic starts coming my way I'll pre-judge and slip in back/in to the flow on my side...or worse case pull up parallel/close to a drivers door or wing.

Always keeping in line of sight.

If cars are moving I will not ride on the inside- I'll hover behind or go up and over. Always.

To me, it shows drivers that you are not afraid, robust yet visible and not a hinderence.

(7yrs commuting from West Hampstead to Oxford Circus).


 
Posted : 24/11/2011 2:49 pm
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surely there would have been plenty of witnesses around if the driver was being aggressive, leaving the scene may make you 'look' guilty to those that saw it.


 
Posted : 24/11/2011 2:49 pm
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as per hora - I tend to ride like a motorcyclist now - only filter up the outside and just pull in if there's oncoming traffic.


 
Posted : 24/11/2011 2:50 pm
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I do filter if it's safe, at less than walking pace, not with some mad TdF fantasy going on in my head as I sprint to the traffic lights

Depends on the situation, I very rarely filter at all if I'm riding around home, happy to wait behind the 5 of so cars that will instantly overtake me anyway, but commuting into Central London I spend most of the journey doing it (inside and outside - if it's a RH turn lane I generally avoid going up the outside, almost as bad as undertaking a LH turn lane) and with 130 sets of lights I'd never make it home if I did it at "less than walking pace"!

I'd +1 to Hels advice.


 
Posted : 24/11/2011 2:52 pm
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If I were you I'd learn from it and move on. Someone accidently opened their door on you, yeh it's stupid but I really don't think going to the police is the adult way to behave.


 
Posted : 24/11/2011 2:52 pm
 hora
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If you undertake you find drivers can easily squash you into a kerb, or just plain don't see you..this is the key thing.

I also use plenty of over the shoulder checks both on my bike and behind the wheel.

After all car drivers have blind spots don't they which if you are filtering is easily to appear in or 'sit in' if you are in flowing traffic.


 
Posted : 24/11/2011 2:53 pm
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The new Highway Code has rule 151, has a new bullet-point on the end:

151 In slow-moving traffic. You should

• be aware of cyclists and motorcyclists who may be passing on either side

So cyclists and motorcyclists overtaking slow-moving traffic on either the left or the right can now say that this is sanctioned by the Highway Code, as it alerts drivers to both possibilities.

As for riding off without getting or giving details, that's really not great to be honest though I recognise your reasons for doing so. Personally, I would have gone to the cop shop straight away to report it if only to protect myself. Did you feel threatened or in danger from the driver? I take it from your posting that you did hence why you left the scene. If so, I would be making this clear to the police should you decide to report it. I would also suggest that you contact your insurer to see if you have family legal protection to get proper legal advice and go to your GP or out of hours and get checked out.

I guess the lesson is don't ride so fast when lane splitting! 😯

Hope this helps?

Sanny


 
Posted : 24/11/2011 2:55 pm
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You can't go around damaging other peoples property and have no accountability. If your in a car and hit someone from behind, there is no defence, so why should this be different on a bike! You were obviously riding without due care and attention, and the fact that you could even start to blame the occupants makes you look like an arrogant cyclist, that give a lot of cyclists a bad name.
So get yourself down to the police station, own up and try and find the car that you hit so you can compensate them for the damage you have caused.


 
Posted : 24/11/2011 2:57 pm
 hora
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Chris S. Well said.

own up and try and find the car that you hit so you can compensate them for the damage you have caused

Do you really think the OP would? He'd rather just quietly 'learn from his mistake'.


 
Posted : 24/11/2011 2:58 pm
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@hora - aren;t you missing the bit about it being between lanes 1 & 2? ie. 2 lanes going the same way. Sure 20mph may still be [s]a bit[/s] too quick but if this was approaching a lane-split then maybe the OP wanted to be in lane 2 with lane 1 going off a different way? So do you go out to the RHS of all of the lanes to pass then cut back in to the lane you want or stick in your chosen lane and wait. Or perhaps carry on filtering but at a lower speed?

Anyhow - I'd probably have done a runner if i was being threatened, but report it later. Man up and take the consequences.


 
Posted : 24/11/2011 2:59 pm
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Chris S perhaps you should read Sannys post and reconsider your statement. How is the rider to blame from a legal standpoint?


 
Posted : 24/11/2011 2:59 pm
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Ok in the middle lane, you can see why you might (Edit:) NOT expect some one to open a door!

Saw a numpty road biker last night at some traffic lights on a left hand bend (not T junction) The Cyclist came up my inside and stopped just behind an artic lorry in front of me. As soon as the lights went green he started sprinting up the inside of the lorry as the lorry started turning round the left hand bend. Of course the lorry driver hadnt seen numpty cyclist and the trailer moved closer towards the cyclist. Numpty cyclist then realised he was about to become a statistic and jumped/fell on to the pavement to avoid the trailer wheels. Daft idiot


 
Posted : 24/11/2011 3:00 pm
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so much for this being a cycling website...

There is no way (ChrisS) that this is the cyclists fault and responsibility to pay for damage. Yes there are thinks that he could of done to reduce the likely hood of it happening but it is still the passenger who shouldnt open a door without looking endangering others.

I would go to the police only to make sure the guy isnt after you and explain you left the scene because of his behaviour then your ass is covered and you have dont knowthing wrong.


 
Posted : 24/11/2011 3:02 pm
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Chris S, well done, point truly missed. 🙄

If I step out infront of a car when it's 6" away, is it the cars fault for not stopping? A train at a level crossing?

Had the OP ridden into the back of a car then yes, as per your analogy it would be his fault, but that's not what happened. The accident was as a result of the actions of the car, he possibly contributed by going a bit quickly, but it's stupid to say it's his fault for his 'wanton disregard for others property'.


 
Posted : 24/11/2011 3:02 pm
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I stopped filtering (undertaking mainly isn't it)

Filtering between lanes is undertaking, and should be banned. Aside from the specifics of this incident I find it nearly impossible to keep tabs on both sides of the vehicle as well as paying attention to the flow in front of me in rush hour traffic on stop start dual carriageways.
Cyclists and scooter riders especially are sharing my lane and need to take due care, in the same way I do when (if) overtaking them. The road code specifies I should give a cyclist the same room as I would a car when overtaking- these people need to do the same for me, especially when travelling at speeds substantially faster than the traffic flow.


 
Posted : 24/11/2011 3:03 pm
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Wise words Hora.

OP - Visit a police station TODAY and report the incident. As you can bet your bottom bracket the other party will have. Make sure you give a clear and straightforward description of what happened from your POV without being biased, just the facts as you saw them. Also write down what you said to the officer taking the statement (or ask for a copy) in case things get nasty in future.

Healing vibes.


 
Posted : 24/11/2011 3:06 pm
 5lab
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highway code rule 239

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069860?CID=TAT&PLA=url_mon&CRE=highwaycode_parking

you MUST ensure you do not hit anyone when you open your door – check for cyclists or other traffic

ring the cop shop, explain what happened, and why you left. I'd expect you're asked to leave a statement but nothing more


 
Posted : 24/11/2011 3:08 pm
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Years or riding on the road have taught me to look out for things like doors opening on cars, riding safely and being aware is quite a mentally exhausting thing to do and requires a lot of concentration.

You were filtering at 20 mph, and you crashed into someone and now your leg hurts.

The lesson would be, don't filter at 20 mph and hence you won't crash into someone and your leg won't hurt.


 
Posted : 24/11/2011 3:14 pm
 DezB
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So you got all that, nick? Obvious what to do now eh?


 
Posted : 24/11/2011 3:17 pm
 ianv
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Since its now quite some time since it happened I probably wouldn't bother going to the cops. I would however buy one of these to commute in for the next few weeks.

[img] [/img]


 
Posted : 24/11/2011 3:17 pm
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I was travelling at not far short of 20mph (was trying to get to the lights before they turned green) and went straight into her. She took the impact, but was knocked hard enough into the door to bend the frame. The door wouldn’t shut afterwards, so I imagine this would be an expensive repair. My bike's absolutely fine, other than some scrapes.

Filtering at 20mph? Racing to get to the front? Cock. The roads are dangerous enough without idiots like you making them more so. You ran into her with enough force to damage a door FFS? You were out of control and not looking where you were going.

Thanks very much for enhancing cyclists reputation even further.


 
Posted : 24/11/2011 3:18 pm
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