http://citycyclingedinburgh.info/bbpress/ CityCyclingEdinburgh Forum » Topic: "Police launch Edinburgh cycle safety campaign" en Wed, 13 May 2026 03:45:46 +0000 http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86580 Thu, 04 Oct 2012 22:30:18 +0000 Wilmington's Cow 86580@http://citycyclingedinburgh.info/bbpress/ <p>"A witness will be required for any criminal proceedings. I'm not a lawyer but I would have thought having third party verification of liability won't do civil proceedings any harm either."</p> <p>Certainly doesn't do any harm. Comes down to a couple of things - criminal proceedings are (normally) launched by the fiscal service (there have been 3 'private' criminal actions in Scotland in the last 100 years or so) so you've got to convince the fiscals <em>before</em> the court (and it's not actually a case of you convincing them, there's no hearing as such with a fiscal); whereas civil actions can be launched by anyone (though you'll get into bother if they're shown to be 'frivolous').</p> <p>Secondly, the burden of proof in criminal proceedings is 'beyond all reasonable doubt'; whereas to prove yourself in a civil action is merely 'on a balance of probabilities). That'll likely sound like semantics, but it's an important distinction, and makes launching (and winning) a civil action theoretically easier. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86500 Thu, 04 Oct 2012 08:42:17 +0000 Dave 86500@http://citycyclingedinburgh.info/bbpress/ <p>Please do - I'm sure I don't need to bore the forum again with my failed attempts at justice after my own hit and run. Keeping my fingers crossed you get a good outcome. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86462 Wed, 03 Oct 2012 14:51:22 +0000 recombodna 86462@http://citycyclingedinburgh.info/bbpress/ <p>Thanks for all the advice peoples. Much appreciated I'll no doubt keep yooz all posted on how it eventually turns out. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86433 Wed, 03 Oct 2012 09:11:42 +0000 crowriver 86433@http://citycyclingedinburgh.info/bbpress/ <p>I suppose it's easy enough for us to comment from the sidelines about what recombodna should do, however supportive the comment is intended to be.</p> <p>Frankly I think I'd struggle to chase the police up if they'd given me the brush off like that. However the circumstances have changed in this case: the victim has been left with a potentially life threatening condition. </p> <p>Surely there's a chance that the police may consider a criminal prosecution in the light of this new information? After all, the brush off was because the victim appeared to be unharmed. </p> <p>A witness will be required for any criminal proceedings. I'm not a lawyer but I would have thought having third party verification of liability won't do civil proceedings any harm either. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86430 Wed, 03 Oct 2012 08:24:40 +0000 Dave 86430@http://citycyclingedinburgh.info/bbpress/ <p>I think it would be interesting to pursue the police angle now that you've been rushed into hospital. One approach might be to contact your MP or MSP, giving them a quick summary of the situation and asking them to help you put your point across to L&amp;B's finest.</p> <p>It is ridiculous that a manhunt is launched over a wee bit of damage to a car but when a road rage incident is targeted against a cyclist they pretty much told you "this is the way it is, we won't do anything about it"?</p> <p>I'd make an effort to find this witness. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86422 Tue, 02 Oct 2012 23:29:55 +0000 recombodna 86422@http://citycyclingedinburgh.info/bbpress/ <p>I do have a cycle specific lawyer working on it as we speak. Apparently not having a witness is no big deal in a civil case. I'm sure this particular supermarket giant have very good insurance lawyers. I am no expert in the law but am very happy with how my "people" are handling it so far. It could take a while though. What I ended up with is horners syndrome caused by a carotid artery disection caused by landing on my back and twisting my neck. It's not a good thing to have and is the number 1 cause of strokes in young adults. It's a condition I'd never heard of til last week I'm Gonna take it easy and let the professionals handle it. At least I can still ride my bike but swimming's out for a few months. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86416 Tue, 02 Oct 2012 22:37:02 +0000 crowriver 86416@http://citycyclingedinburgh.info/bbpress/ <p>Isn't there CCE's own resident Edinburgh based Bicycle Legal lawyer around here somewhere? Scots law of course different to England and Wales...</p> <p><a href="http://www.bicyclelegal.co.uk/" rel="nofollow">http://www.bicyclelegal.co.uk/</a></p> <p>Alternatively, recombodna, are you a member of CTC or British (Scottish) Cycling? If so they may be able to provide legal representation for you.</p> <p><em>Have gone down the school route but no one has come forward as yet.</em></p> <p>Was that just e-mailing the school forum as you said 2 weeks ago? I think you need a notice in the school newsletter, posters up in the playground, and so on. You need to find this person, as I'm pretty sure Tisko will have expensive lawyers on their side... </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86414 Tue, 02 Oct 2012 22:15:16 +0000 BikeFan 86414@http://citycyclingedinburgh.info/bbpress/ <p>Or leaf through the back pages of most cycling publications for cycling-specific accident claims firms.</p> <p><a href="http://www.cycle-claims.co.uk" rel="nofollow">http://www.cycle-claims.co.uk</a> <a href="http://www.bikeline.co.uk" rel="nofollow">http://www.bikeline.co.uk</a> <a href="http://www.veloclaims.co.uk" rel="nofollow">http://www.veloclaims.co.uk</a> for starters</p> <p>(I have no connection to any of these companies, and loads more can be found.) </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86352 Tue, 02 Oct 2012 12:44:05 +0000 tammytroot 86352@http://citycyclingedinburgh.info/bbpress/ <p>@Recombodna, I am not a fan of the ambulance chasing culture but I will repeat what I said on the original thread - watch any comercial daytime tv station for 30 mins or so, pick whichever of the dozen law firms you see advertising you fancy, and go for it.<br /> Hope all ends well for you. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86349 Tue, 02 Oct 2012 12:14:45 +0000 fimm 86349@http://citycyclingedinburgh.info/bbpress/ <p>recombodna that sounds very nasty indeed.<br /> Given that the police's attitude sometimes seems to be "well nobody died" going back to them to say that actually the consequences of the incident were much more serious than appeared at the time might be worth doing. Though I think it helps to be clear what you want to achieve if you do that. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86348 Tue, 02 Oct 2012 12:09:05 +0000 recombodna 86348@http://citycyclingedinburgh.info/bbpress/ <p>@crowriver and Min cheers yeah I felt ill for 10 days before going to the docs but boy am I glad I did. think i just had that " i don't wanna cause a fuss i'll be alright it'll pass" thing going on.... as far as the witness goes haven't tracked her down. I think i was still in shock 5 hours after the event so didn't think to get her details....I know I know it's mad but I wasn't myself!!! Have gone down the school route but no one has come forward as yet. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86339 Tue, 02 Oct 2012 10:44:09 +0000 crowriver 86339@http://citycyclingedinburgh.info/bbpress/ <p>Yeah, I saw that story too. Strangely the Audi driver wasn't fobbed off by the coppers with "Oh this kind of thing happens every day, dontcha know?" </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86338 Tue, 02 Oct 2012 10:33:19 +0000 Min 86338@http://citycyclingedinburgh.info/bbpress/ <p><em>Why should we have to appreciate this sort of thing??<br /> </em></p> <p>Because you are on a bike. If you were in a car they would have a <a href="http://citycyclingedinburgh.info/bbpress/topic.php?id=8519">completely different attitude</a>.</p> <p>I am really glad you managed to get yourself to hospital in time. Best of luck with the procedings. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86332 Tue, 02 Oct 2012 09:51:26 +0000 crowriver 86332@http://citycyclingedinburgh.info/bbpress/ <p>@recombodna, yikes! I'm sorry to hear that. I hope the treatment goes well. </p> <p>Did you track down your witness? Maybe an approach through the school would work?<br /> How about the police? Did you contact them again?</p> <p>I know that's a lot to think about on top of health issues, but if you're going for it, you need all the evidence and help you can get. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86331 Tue, 02 Oct 2012 09:48:58 +0000 cc 86331@http://citycyclingedinburgh.info/bbpress/ <p>recombodna: good luck with your action.</p> <p>lionfish: yes. The police could do more for the safety of people riding bikes by, for instance, enforcing the 20mph speed limits instead of publically declaring that the limits will not be enforced. </p> <p>(If I meet a policeman during this campaign I shall tell him so. Though as I'm having a week's blessed holiday from work, cycling and the terrifying QBC I think it unlikely.) </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86329 Tue, 02 Oct 2012 09:41:55 +0000 lionfish 86329@http://citycyclingedinburgh.info/bbpress/ <p>Yay! The photo is of Emma et al. going to the bike breakfast :D I'll send her a link :)</p> <p>Good point bax: With my lights, hi-viz jacket, hi-viz reflectors, helmet, body armour, etc can the police really say that my safety is completely ensured?</p> <p>How about lower speed limits around town? Especially trunk roads - there's bound to be some more serious injuries on Slateford Road. It's too fast :( </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86326 Tue, 02 Oct 2012 09:35:24 +0000 recombodna 86326@http://citycyclingedinburgh.info/bbpress/ <p>I would certainly welcome an increased police presence at traffic lights . Plain clothes officers on bikes would also work wonders but I reckon that would be a health and safety at work issue for the officers concerned no? imagine how many "offenders" plain clothed police on bikes would catch on a daily basis!!!<br /> Since my Off involving a popular supermarket chain delivery van a couple of weeks ago I developed symptoms as a result of the "accident" that found me being rushed into the clinical neurology unit at the western and being diagnosed with a possibly life threatening condition if left undiagnosed. I consider myself very lucky and am advancing proceedings against said supermarket giant. As the police said to me at the scene " you can appreciate this sort of thing happens every day"........ Why should we have to appreciate this sort of thing?? </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86318 Tue, 02 Oct 2012 09:05:19 +0000 minus six 86318@http://citycyclingedinburgh.info/bbpress/ <p><em>it is extremely important for cyclists to take the appropriate steps to ensure their safety</em></p> <p>it ensures nothing, whatsoever. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86304 Mon, 01 Oct 2012 22:22:43 +0000 wee folding bike 86304@http://citycyclingedinburgh.info/bbpress/ <p>I'm sort of encouraged by what the cops didn't mention.</p> <p>And I'm not going to either. Perhaps they have learned something. </p> http://citycyclingedinburgh.info/bbpress/topic.php?id=8561#post-86302 Mon, 01 Oct 2012 22:09:55 +0000 chdot 86302@http://citycyclingedinburgh.info/bbpress/ <p><a href="http://www.theedinburghreporter.co.uk/2012/10/police-launch-edinburgh-cycle-safety-campaign/" rel="nofollow">http://www.theedinburghreporter.co.uk/2012/10/police-launch-edinburgh-cycle-safety-campaign/</a> </p>