Male cyclist lying on ground with pedestrians in attendance, ambulance siren approaching. Black Cannondale CAAD8 with pretzled front wheel. Couldn't tell what other parties may have been involved. Hope he's ok.
CityCyclingEdinburgh Forum » Infrastructure
Cyclist down - junction of Lochrin Terrace / Home Street
(34 posts)-
Posted 8 years ago #
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Hi - the cyclist was largely okay, his bike was not. Did you happen to see the accident by any chance?
Posted 8 years ago # -
Glad he's ok! I'm afraid I didn't see it..must have been about 5-10 minutes previously.
Posted 8 years ago # -
Thanks - it was my husband who was hit, fairly horrendous thing to get that phonecall. Just wondered if you might have had any additional information on what happened. His helmet saved his life for sure. Thanks again, take care.
Posted 8 years ago # -
That does sound rather alarming. I hope he recovers from his injuries and you from the shock quickly.
Posted 8 years ago # -
Hi RXchamp, a dreadful phone call for sure.
I should repeat that I did not see the incident but for what it's worth my reading of the situation was that he had been travelling north down Home St and that a vehicle had turned across his lane intending to go down Lochrin Terr, which he probably went into the side of. I based this on his location on the ground, and the specific damage to the bike. I don't know if that helps piece things together at all. Hopefully some actual witnesses gave their details.
Posted 8 years ago # -
Thanks Snowy...your interpretation of 'the scene' is correct. The van left the slow-moving queue of traffic to turn up Lochrin Terrace and hit my husband just at the junction. We have two witnesses but neither saw the run up to the collision and there is no CCTV.
The worst of it is, a car had done the same thing (without hitting anyone!) moments prior so my husband was watching out for it...he was just passing the van when the driver decided to nip out, so he didn't stand a chance.
A horrible accident, and it just goes to show you can be as careful as you like on your bike but you can never legislate for other road users. Thanks again for taking the time to post.Posted 8 years ago # -
@RXchamp If your hubby hasn't already, might be a good idea to get someone like these guys involved: http://www.cyclelawscotland.co.uk/
Hope he recovers quickly.
Posted 8 years ago # -
Also if you think that driving charges should be pressed make sure the police are doing so and complain immediately if they don't.
When I was knocked down the police 'forgot' to tell me they were not going to bother charging the driver until I quizzed them about it several months later.
Posted 8 years ago # -
Have you/the polices checked the Post Office opposite for CCTV? It looks like there's a camera at its southern tip, which might have sight of the road opposite. One of the shops on the east footway a bit further north of Lochrin Terrace has a camera at the top of its window pointing south across the front of the shop, so might be worth asking them what it can see.
Posted 8 years ago # -
Hi everyone - thank you for all those suggestions; the Police advised they couldn't find any CCTV pointing in the right direction so we just took their word for it. We'll take a trip up to the Post Office to see what their camera shows...we'll try to find that shop @wingpig mentioned too.
We haven't involved lawyers or anything at this point; really all we want is to get the bike repairs/replacement cycling gear costs covered and to get on with our lives (although with the state of my husband's shoulder, I'm not sure how quickly that will happen). As yet, we have not been asked for a formal statement by the Police but we do know that the driver is trying to claim unsafe cycling (undertaking / cycling at speed) which, given the Highway Code re. passing on the inside / being aware of other road users passing on the left on the approach to a left turn and the fact traffic was stop/start is categorically not the case. He also moved his vehicle before the Police attended the scene, which I'm pretty sure you're not allowed to do?
It's all a bit of a mess; suffice to say my husband will be investing in a helmet camera so we can definitively prove our case if something like this happens again. Which I hope to goodness it doesn't.Posted 8 years ago # -
we have not been asked for a formal statement by the Police
If you ask Police for an incident number for insurance purposes, they'll want to take a statement then.
Best do this in person at the local cop shop.
Otherwise, no-one is likely to trouble themselves to follow this up for you, sadly.
Posted 8 years ago # -
"the driver is trying to claim unsafe cycling" If I were you, I would get specialised lawyers involved immediately, as it looks as if it's not going to be a formality but a real fight.
Getting competent advice will take a lot of pressure off you.
Posted 8 years ago # -
Thanks everyone - we do have an incident number, we also have the names of the officers dealing with it. We spoke with one of them when we went to collect the bike; he was pretty dismissive of our side of things and in fact stated himself that passing on the left is illegal (!). They are also dismissing pretty much everything my husband told them at the time / in the hospital because, in their words, he was 'away with the goalie'. He can remember every detail.
My husband is contacting the Police today to expedite things - I've passed him the points you have all raised on this forum too so he can decide whether he wants to go down the legal route or not. Thanks again for all your help so far.Posted 8 years ago # -
Also if your husband has injuries a lawyer will make sure he gets physio if he needs it.
Posted 8 years ago # -
Pursuing claims and cases against bad drivers
Posted 8 years ago # -
Sounds like you are unfortunate enough to have a deeply unprofessional, unknowledgable, possibly biased polis on the case. Maybe complain/escalate to his superiors ASAP?
Posted 8 years ago # -
@RXchamp When I had to get a lawyer in a completely different situation in the past, I found it really helpful not just regarding the actual outcome, but (1) the lawyer did a lot of the writing and phoning and just helped me to handle everything in practice, get distance and breathing space as I didn't have to think or worry about missing anything important, and (2) getting a lawyer showed the other parties that I was serious and they suddenly became much more professional and also backed off.
Posted 8 years ago # -
I'm pretty sure Cycle Law Scotland are no win no fee. If not, you should easily find one who is.
The driver's insurance co will be using lawyers, sadly plod isn't there to help you, just process the case.
Posted 8 years ago # -
Ditto Stephan. The driver is contesting things and the polis aren't bothered. Get some help as the cards are stacking up against you.
I have heard good things about these Edinburgh-based soliciters, who get involved atthe Edinburgh Bike Festival:
http://www.cyclecompensation.com/index.phpPosted 8 years ago # -
"He also moved his vehicle before the Police attended the scene, which I'm pretty sure you're not allowed to do?" Crash investigators would prefer the vehicles left in position until everything was recorded, but it isn't a legal requirement, and won't happen in less serious crashes. AFAIK, as long as they have stopped and given all the details to anyone requiring them, the driver doesn't even have to stay at the scene.
Posted 8 years ago # -
^^^ditto for CycleLawScotland. Brenda Mitchell acted for me when a private hire cab took me out. Very knowledgeable and formidable.
Posted 8 years ago # -
Yes, definitely get a law firm that specialises in this sort of thing.
The driver and police seem to agree on what happened, but on the basis of the information posted here I would say that -
A) they are trying to shift the blame to the cyclist.
B) the cyclist wasn't doing anything 'wrong' and probably taking more care than the driver.
Doesn't look like much chance of a prosecution BUT sounds look good chance of compensation for damage and perhaps injury.
Once lawyers (and insurance companies) get involved for something so minor (in financial terms) a settlement is likely.
Firms dealing with this sort of thing regularly will know what is 'reasonable'.
The lack of police interest may well show the priorities of the individual officers (apparent ignorance of the law/Highway Code is disappointing) but doesn't mean there isn't a case against the driver - especially in a civil law sense.
Posted 8 years ago # -
Hi everyone - this is all really helpful, thank you all so much. My husband has been in touch with Cycle Law Scotland and they are taking up his case. I think we were very naive to believe that everyone would just do the right thing and it would be properly investigated. We honestly aren't the type to even consider involving lawyers / claiming, but it's clearly a case of get in there first or get shafted. Really, really disappointing. However, hopefully with Brenda and her team on our side we'll get things sorted quickly. Our stress levels are through the roof as it is given my husband can't even get dressed, drive or even raise his left arm much higher than a couple of inches. I'll let you know how we get on - thanks again.
Posted 8 years ago # -
@RXchamp
Doubtless you'll feel you have enough on your plate meantime, but casually expressed uninformed opinions of investigating officers should really be followed up formally, otherwise nothing will change.
http://www.scotland.police.uk/about-us/police-scotland/complaints-about-the-police/
Police Scotland aim to deliver the highest possible standards of policing in order to keep people in our communities safe. If you feel we aren’t meeting those standards, you have the right to make a complaint.
Posted 8 years ago # -
Glad to hear you've got some specialists on your side. The experience of others on this forum suggests that even if drivers appear co-operative they can become less so when presented with a bill.
As Bax says when the time is right it is definitely worth pursuing a complaint with the police. For any supposedly impartial party to claim he was "away with the goalie" is inappropriate. Even if he had been suffering memory loss surely that's a medical opinion rather than one of law enforcement. Any semi competent police officer should be able to understand that someone suffering shock may appear a little confused even when their memory and recollection are totally unaffected.
Posted 8 years ago # -
"Hi everyone - this is all really helpful, thank you all so much."
Well it's fortunate that someone posted about the incident and that you managed to find it!
It's also good that you registered and gave some people on here the chance to share their knowledge/experience.
Stick around!
Posted 8 years ago # -
I agree with Bax. Lazy wilful ignorance by law enforcement should be followed up. It's not "passing on the inside" otherwise buses+bikes wouldn't be allowed to use greenways to get past all the queueing cars...
Rule 163, Highway Code
...
Stay in your lane if traffic is moving slowly in queues. If the queue on your right is moving more slowly than you are, you may pass on the left.Best of luck!
Posted 8 years ago # -
@RXchamp I'm really sorry to hear about last weeks events. I hope your husband makes a full and speedy recovery. When my husband was claiming compensation after he was knocked off his bike, our solicitors wanted to know what impact it had on our lives: what he needed help with, what he couldn't do that he would normally do etc. Months after the event it's difficult to remember details (and it can be hard looking back) so I would suggest jotting things like that down now. In the immediate aftermath I just wanted him to be ok and things back to normal and didn't care about compensation, but as time went on my perspective changed, especially when the criminal case fell through. I still feel very angry that the driver's moment of impatience had such a huge impact on our family.
Posted 8 years ago # -
So sorry to hear of your husband's situation, Hope he recovers quickly.
My wife was knocked off her bike last Wednesday as she cycled home from work on Merchiston Place (narrow, always lots of parked cars and always drivers impatient to pass). She's been commuting daily for around 12 years and has had lots of near misses(don't we all), but her luck ran out. The driver was mortified but claimed that she hadn't seen her because she was in her blind spot (The fluo yellow Nite Vision jacket and always on dynamo LED, clearly don't work!)
After a whole evening in A&E it traspires that she had a fractured elbow and chipped pelvic bone. A week later and the arm has been operated on (pins inserted, 6 weeks + of very limited ability to do much, the chipped bone shoild hopefully just ake time to heal but she can't walk without the aid of a crutch. I've had to take three days off work so far to look after her as it of course has huge knok-on effects.
the driver has admitted responsibilty and has been up front with insurance details - so we shall see. My wife is also a CTC memeber and the accident has been flagged up to their lawyers at this stage.Posted 8 years ago #
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