Skip to content

Ask an Expert collosion with cyclist Legal

You are in... Forums > Ask an Expert > Legal > collosion with cyclist

Got something to say?

Got something to say?

Go to most recent reply

mga113

Joined:

Feb 13

Posts: 1

mga113 says:

collosion with cyclist

Hello,

This is the scenario of what happened yesterday.

I was riding up to a junction of an unmade road after visiting my friends. As I came to the junction that is to a fairly busy town road, a cyclist riding on the pavement coming from my right collided with my bike. He was travelling fast & could not stop as I moved towards the pavement edge ready to join the main road.

Part of the pavement further along is for cyclists & pedestrians, but there is a blue backgrounded sign saying 'cyclists dismount' clearly displayed.

The police did not attend & neither the cyclist or myself were badly injured. I have a bruised & sprained left foot/knee. The cyclist was more shocked than anything.

His cycle & my bike both damaged though.

The cyclist is blaming me for crossing the pavement to get to the main road, but surely he shouldn;t be cycling on the path??!! I have got his details & passed on my insurance details. He, of course doesn't have insurance!!!

I have phoned mny insurance company this morning & they will get back to me!

Where do I stand legally? Any help will be greatly appreciated.

Mick

 

Reply to this Topic  
  • Posted 2 years ago (04 February 2013 13:38)

Post a message in Legal

Fields marked with an asterisk * are required

   

Please note. You cannot submit more than 4000 characters as a message.

Upload image(s) from your computer (up to 3 images)

  1.  
  2.  
  3.  

Terms of use

Use of our community areas and forums is subject to important terms of use. By joining our community and using the features you agree to be bound by these terms. See terms of use below. 

Cancel
zanderh

Joined:

Aug 12

Posts: 267

zanderh says:

Got pictures?

You got piccies of the scene & signs? Would definitely help to have photo evidence of any and all signage along with photos from both your and the Cyclists PoVs.


I'd imagine, assuming you collect the above, that you would be able to successfully claim against him should you wish to, given your description.
I can't imagine he'd be able to successfully claim damages to his property against you, however. But it all depends on evidence! Contacted ACIC? Some very good feedback & reviews. www.bikelawyer.co.uk

[This Reply has been modified by the Author]

Reply to this Topic
jaffa90

Joined:

Mar 09

Posts: 8822

jaffa90 says:

witness

Have you an independant witness? That`s the first priority after a minor accident.If the cyclist is a house owner he should have public/ personnel liability ins cover.

Obviously he should not ride on the pavement but will he admit to this?

[This Reply has been modified by the Author]

Reply to this Topic
MarcusMarsh

Joined:

Aug 09

Posts: 2699

MarcusMarsh says:

Accident

As the other guys have mentioned, witness statements and photos are needed to establish the facts.  One question though - by 'unmade road' do you mean 'drive'?  If you are pulling out of a drive accross a pathway to join a road then you would have an obigation to make sure that the way is clear.    

Reply to this Topic
ACIC

Joined:

Apr 06

Posts: 366

ACIC says:

Accident with cyclist

It does sound like you were exiting a driveway? If that is the case then there was an obligation on each of you to check the path was clear - based on this evidence I imagine this would be 50/50 but I would need to see photos, layout etc to be sure.

Kind regards

Andrew Campbell, Bikelawyer Motorcycle Accident Solicitors

MCN Legal Expert andrew@bikelawyer.co.uk

www.bikelawyer.co.uk

Reply to this Topic
SimonWinns

Joined:

Feb 13

Posts: 3

SimonWinns says:

We Could Help

It sounds as though you could do with some advice on this matter. Winns cater for motorcyclists to provide unbiased advice and a no obligation service.


To see what we're about, check out our website www.winnsolicitors.com


Cheers.

Reply to this Topic

Page

Compare Insurance

Save money by comparing quotes. It's quick and easy

Motorcycles for sale

 

It's only £13.99 to advertise your motorcycle on MCN

Sell your Motorcycle

Motorcycle pricing tool

New! Find used bike prices