Can anyone recommend me a good solicitor who specialises in cycling fatalities. The son of an ex colleague and friend of mine who was killed whilst riding home last october, the insurance company are questioning about the lack of reflectors on the mountain bike that he used to commute on.....He had a good front and rear light on the bike but the half moon reflectors on the wheel when the bike was bought originally were removed as the bike was used off road as well....and are stalling with settling ?
This boy has lost his father and his solicitor is sounds as though he is not an expert in dealing with cycling fatality's. It would be ideal if the solicitor was within the Stockport area near whaley bridge/chaepl en le frith.
I would also like to now about the legal issue of having reflectors on a bike on the road as I have none on my road bike, timietrial bike nor on any mountain bike I have, but obvioulsy when its dark I always ride with a very good front light and bright and large flasing rear LED ? I am covered from a legal point of view ?
The BCF use Leigh, Day & Co, who were excellent when I had a case against me a few years ago!
ctc legal team should be able to help.
Relevant bit of the highway code here:
http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069837
[i]At night your cycle MUST have white front and red rear lights lit. It [b]MUST also be fitted with a red rear reflector (and amber pedal reflectors, if manufactured after 1/10/85)[/b]. White front reflectors and spoke reflectors will also help you to be seen. Flashing lights are permitted but it is recommended that cyclists who are riding in areas without street lighting use a steady front lamp. [/i]
Looks like a rear red reflector and pedal reflectors are the legal minimum, but get proper advice.
Edit: I stand corrected (i thought a front oen was a requirement)
Agreed that the CTC or BC preferred lawyers will be able to advise, but there will be an administrative issue given that the current lawyer is already engaged and dealing with the insurance company's lawyers.
Good luck to all involved. Nightmarish situation.
I think that not having reflectors could be viewed as contributory negligence and thus any damages reduced. A proper road light will have a built in reflector tho - many small ones wont. There are minimum sizes for lights and reflectors.
However if he had reflective kit on and most cycle kit has reflective bits built in should show that he was not being negligent.
Edit - real advice needed tho
What is the name of the insurance company that is contesting? I'd like to ensure that I never purchase ANY of their services and if I do use them I'll happily write to their CEO advising as to why I shall not be using their services and also that I will encourage others to follow suit.
Insurance companies: even worse than bankers??
What a horrible situation. Get hold of a copy of Cycling Weekly, there are solicitor's firms advertising their services in the back. Don't have a copy to hand at work.
Seconded what MrNutt said. Name them. Hope you resolve it succesfully though
From the back of cycling weekly
Cycle Aid 0800 387815 www.cycleaid.co.uk
BikeLine 0151 348 4400 www.bikeline.co.uk
Cycle Claims 0800 0936313 www.cycle-claims.co.uk
What is the name of the insurance company that is contesting? I'd like to ensure that I never purchase ANY of their services
I'm not sure, given lack of knowledge of the circumstance, that that's a fair comment. If the bike was not visible due to lack of reflectors adn they are asking about that fact, it's fair enough in my view. If they are simply trying to get out of paying, then it's a bit more of a moral question.
unless he was t-boned at a junction I'd doubt that the reflectors would've been visible prior to the crash (for example if hit from behind)
(no, this is not legal advice)
unless he was t-boned at a junction I'd doubt that the reflectors would've been visible prior to the crash (for example if hit from behind)
which is why I suggested that since we dont know how it happened, we don't comment. Are you able to say he wasn't t-boned?
Pedal and rear reflectors are visible from the back anyway - pedal reflectors especially are very good.
Having said that I just thought about my bikes - none have pedal reflectors or rear ones - tho one has one wheel reflector ( the other fell off)
I have rear reflectors - I think I shall put them on. Pedal reflectors are tricky as I use spds
Pedal reflectors are tricky as I use spds
Indeed, this is a problem I've found. I'm not sure that legally that helps though, but if you're bodily laced with reflectors then I cant see it being an argument.
Sh*t, I have been commtng for years with no pedal or rear reflectors, didn't realise I was breaking the law. Always have reflective kit on and good lights but by the look that's not enough
"Are you able to say he wasn't t-boned? "
No. Mostly I was trying to offer the OP a possible avenue for discussion with his friend's solicitor.
I'd assumed that one might infer that I had no knowledge of the nature of the accident from the way my comment was written and from the fact that no description has been offered by the OP. I'll try to remember to be more explicit next time round
I suspect it would only be an argument at times of low light, too, since cars are not legally required to have lights unless used at night etc.
I'd assumed that one might infer that I had no knowledge of the nature of the accident from the way my comment was written and from the fact that no description has been offered by the OP. I'll try to remember to be more explicit next time round
My comment was in reply to MrNutts original, which was a knee-jerk name and shame reaction as far as I can tell. Your reply suggested that it was unlikely to have been the case, I was simply pointing out that MrNutts comment was out of order and yours seemed to be reinforcing it, that is all.
I had a very interesting discussion with a senior cop about this. He was checking it all on the police databases. The reflectors as laid down in the law ( rear red and pedal) he could not find anything that he could charge someone with - and he also said that he wouldn't charge someone for this anyway so long as they had lights of some sort front and rear - and if they had no lights that would be the charge.
The reflectors appear to be obligatory even if the bike is only used in the daylight from what I see. So it would appear that so long as you have some form of front and rear lamp you will be safe from prosecution. Its only if you are involved in an accident you will get into the sort of situation the OPs friend is in.
http://www.opsi.gov.uk/SI/si1989/Uksi_19891796_en_1.htm
Another point I just remembered - a lot of saddles have a reflector built in at the back
I definitley hadn't intended to reinforce Mr Nutt's comment - unfortunately I imagine pretty much all insurers would try the same "stunt" regardless of relevance (and we all pretty much pick insurance mostly on price, I'd guess, which ultimately favours those that wriggle instead of paying out)
Very odd to have MUSTs in the highway code not backed up by law, I was under the impression that any must is backed by legal ruling, hence a few of the odd "should"s that are in there?
Just a snippet from that reg:
"(3) Nothing in these Regulations shall require any lamp or reflector to be fitted between sunrise and sunset to-
(a) a vehicle not fitted with any front or rear position lamp,
(b) an incomplete vehicle proceeding to a works for completion,
(c) a pedal cycle,
"
I definitley hadn't intended to reinforce Mr Nutt's comment - unfortunately I imagine pretty much all insurers would try the same "stunt" regardless of relevance (and we all pretty much pick insurance mostly on price, I'd guess, which ultimately favours those that wriggle instead of paying out)
I apologise for "jumping" at your response then. You are, of course, correct in that respect.
So if bikes "must" have reflectors why can dealers/shops get away with selling bike without pedals?
Not sure, and how does it affect bikes that are built up from parts (which may or may not be wholely or partially manufactured after 85).
Possible urban myth but is it a legal requirement that bikes sold for use on the road must have the reflectors (front and pedal) included. Is it just the case that this has not been backed up in law to make sure these stay on the bike?
I absolutely offer no justification for this statement and am happy to be proved right or wrong !!
As suggested above, Leigh Day,
http://www.leighday.co.uk/our-expertise/accidents-disasters/cycling-sports-injuries
They are experts in cycling related cases and are not ambulance chasers.
Some MTB shoes have a reflective strip at the heel part, makes up for lack of pedal reflectors when using SPDs to some degree.
It is a legal requirement for bike shops to fit reflectors and a bell when they sell a bike. It is not a legal requirement to have reflectors during the day.
time atac SPD pedals have a fitment for reflectors to be attached so my road bike does have refelectors and my seat saddle has a red reflective strip
I did not know the law but apparently I comply.
BigJohn - from my reading of the act it would seem that the pedal reflectors and the rear red one are compulsory all the time, the wheel and front reflectors have to be on when sold but can be removed afterwards
Scarcat67,really sorry for your loss of a freind,sadly insurance companies are run by muppets who will do the best to void or reduce a claim despite all the evidence pointing out that their insured killer driver was at fault.
Try one of the bike solicitors mentioned,also the police report,will obviously make it clear how the cyclist was killed,and any contributory factors eg a piss head driving,also what was the driver charged with etc.