@alibali - if your helmet is more than five years old you need to replace it. Apparently the materials that they are constructed from become brittle and will be virtually ineffective on impact, more particularly if you use it every day and it is exposed to sun and the elements.
CityCyclingEdinburgh Forum » Cycling News
Cyclist Down - Drumbrae...
(70 posts)-
Posted 12 years ago #
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"If you want to get the attention of those in power it always helps to be wealthy."
Not these days surely...
Posted 12 years ago # -
I had typed out a lengthy reply in response to my seeming ease on the driver however it didn't post for some reason.
Short version:
I agree the driver is wholly and unquestionably at fault. There is no doubt in my mind that the driver knows she was to blame and that this is the opinion of the witnesses too. Any effort to continually assert this apportioning of blame, in my mind, is displaced effort in constructively moving forward in this instance.
My accident could have been so much nastier. But it wasn't: I was so very fortunate to not have broken my hip/legs/collarbone, sustained whiplash, brain injuries etc. Now I have an opportunity to turn this into something positive.
The impetus behind speaking with journalists is not to incite an "us Vs. them" debate between road users. It is to perpetuate the momentum that we started on Saturday, seeking to increase cycling safety and highlighting how desperately changes in both infrastructure and attitudes are needed.
SRD: excellent suggestion. I'll try to action it tomorrow.
Posted 12 years ago # -
Again meepmeep most magnanimous
Posted 12 years ago # -
I have sent The Edinburgh Reporter's article off to my local MSP asking for this type of case to be raised next time there is a discussion on cycling.
Posted 12 years ago # -
Hi, were you wearing a helmet ? If you landed on your head & shoulders, do you think it did/would have helped ?
Posted 12 years ago # -
She was. Says so in the fourth paragraph - "Helmet is completely done in". Photo (linked somewhere. Edinburgh Reporter I think) suggests it has taken a fair amount of the impact and probably helped to leave her with mild concussion rather a more severe concussion or worse.
Posted 12 years ago # -
MeepMeep, I am absolutely blown away by your positive attitude to this incident, and the way you have maintained that even when given your chance to have your say in the press. I really don't think that I would be able to remain so measured in the aftermath of such a situation, and indeed was shaking a little when reading the article in the Reporter.
One question for everyone here though - they mention that the Police have not charged the driver, is this standard practice whilst they gather statements? I appreciate that it may be an ongoing investigation, but see no issue with speculation by uninvolved persons in a public forum!
Posted 12 years ago # -
What a horrible thing to happen to you MeepMeep. Like others have said your calm attitude to the whole thing is very impressive. I totally agree with your point about not wanting to perpetuate any "us and them" perceptions, especially in the press. However I do think you are going far too easy on the driver in question.
Yes, I've no doubt she was very upset - after the event - but that doesn't detract from the fact that she was clearly driving "without due care and attention". One of the recurring points made on this forum and by the "Stop SMIDSY" campaign is to highlight the fact that guilty drivers often get off with very light punishments, if at all, even where the injured party is in far more serious condition than yourself. Even in this case you could easily have been knocked into the path of another vehicle and suffered more serious injuries than you actually did.
I really hope that the Edinburgh Reporter article is missing the word "yet" from the sentence about the police bringing charges.
Posted 12 years ago # -
What a s*itey thing to happen.
Good to be constructive though, you could tear yourself apart thinking about all the permutations and ramifications of what happened and still get nowhere.
Who is behind the edinburgh reporter? It's interesting but some of the stuff reads a *little* prejudicial. I know it's technically a blog, but if it presents as news it should be as neutral as possible until everything has been resolved. That's one of the reasons initial reports in the EN and other places read so wishy washy. (Sorry about the buzzkill, but y'know, lawyers).
(Disclaimer, I'm only trained in enough law to prevent me from being charged with contempt)
Posted 12 years ago # -
Helmet:
I don't believe the driver will be charged. This angers me as much as the accident itself (although it may not seem to). The police seemed very nonchalant about the incident once it was established that I was going to be alright.
Posted 12 years ago # -
"The police seemed very nonchalant about the incident once it was established that I was going to be alright"
Next week - Pedal on Fettes!
3000 bikes outside L&B HQ might make them change their mind...
But in sincerity, that is absolutely shocking. We desperately need an assumption of blame in this country. (And indeed to be taken more seriously - a car hitting another car like this is inconvenient; A car hitting a cyclist in exactly the same circumstances is life threatening, and should be treated differently by the authority charged with protecting us)
Posted 12 years ago # -
I am uncertain how that affects your claim for compensation, if the driver is not charged. No charges, no liability. There used to be a time, that I think you could insist that they press charges, as the victim of a crime, and this is, a motoring offence. I am absolutely sure you are very angry and rightly so.
Could I suggest that you contact a company called Cycle Law Scotland http://www.cycling-accident-compensation.co.uk/ and ask, in the first place, for some impartial advice as to how to proceed.
Posted 12 years ago # -
I will be there BenN...
Posted 12 years ago # -
I would definitely pursue the police and if they are not pressing charges, find out why. And ask to see whoever is in charge, not whoever you dealt with at the scene.
Posted 12 years ago # -
The Police attitude towards cyclists who are threatened or hurt by drivers is nothing short of disgusting. I am sorry to hear what happened to you Meepmeep and good luck in pursuing it. Don't forget there is also Bicyclelegal on this very forum who I am sure would be happy to advise.
I'll try and link when I figure out how, you could try PMing him.
Posted 12 years ago # -
Ah, there is a website.
http://www.bicyclelegal.co.uk/
And a link to a post made by Bicycle legal with a PM button.
Posted 12 years ago # -
The whole article about Jemma's accident can be read here on The Edinburgh Reporter. We are not a blog but what is known in meejaspeak as a hyperlocal news website.
And Stepdoh if you have any concerns about our reporting then we invite you to comment where appropriate on individual articles. We do aim for fairness and impartiality which are the cornerstones of journalism. If we fail in those aims then we would be only too glad to be pulled up about it.
We are also always actively looking for stories that we can report as well as contributions.
Posted 12 years ago # -
Put into the search engine at the top of the page, bicyclelegal and this should come up with several options, open a link and PM him from there.
http://citycyclingedinburgh.info/bbpress/topic.php?id=2470 this link should help.
Posted 12 years ago # -
Pedal on Fettes might not be a bad idea although really, if they make a report to the Procurator Fiscal, it's the Fiscal's decision whether to proceed. Fiscal is a political animal so there are four routes you could take.
1. Personal injury claim against the driver
2. Police re bringing charges - given your road position, hi viz, lights, etc, the only explanation is lack of due care and attention. Why are they not charging? Are there 'public interest' instructions from the Fiscal to only proceed if there is significant injury?
3. Fiscal re 'public interest' assessment of motoring offences in general and instructions to police re charging.
4. MSP to bring pressure on Justice Minister to take this kind of thing seriously.Posted 12 years ago # -
No charges doesn't mean no liability. No charges means either (a) no crime was committed (b) it's not in the public interest to charge (c) unlikely to secure a conviction. Worth asking which reason.
Even if there's no criminal liability there may be a civil liability. The burden of proof is less and no win/no fee generally relies on motorists insurance company assessing that it's cheaper to pay some compensation than to defend the case in court.
Posted 12 years ago # -
Hope you make a full recovery from your injuries. Does Mr Meep also have a red Btwin road bike? Me and my wife were admiring twin Btwin bikes like yours at the POP on Saturday.
Posted 12 years ago # -
May well have been us indeed, Numptie! Did we speak with you both at all?
Posted 12 years ago # -
Hi EdinReporter!
Apologies, didn't mean anything disparaging by saying blog. Just meant that the levels of accountability are a bit different if you are a bricks n' mortar outfit with their address on the masthead.
Had read the full article and it was great. I'm not trying to be instructive here, but it's all about the subtleties. Using words like 'accident' instead of 'incident' and suchlike things kind of muddy up the responsibility. Particularly the headline suggests Meep was in a bike accident, when she was actually hit by a car. Possibly "Cyclist injured in car collision" would be closer.
It's a bit of a minefield when you get into that realm!
Posted 12 years ago # -
A couple of years (or so) ago, I was involved in a hit and run at the bottom of Chambers St. There were two witnesses but the police didn't do anything about it (at the time, I was a very retiring and happy-go-lucky chap, so didn't make a fraction of the rightous storm I'd unleash today).
I strongly advise, firstly, getting in touch with bicyclelegal or similar ASAP. Do NOT try and sort it out on your own, especially if this is going to be your only recourse if the police refuse to hold the driver to account.
You'll also be able to get advice from them on how to apply pressure on the police, but to be honest I would contact your MSP immediately and tell them that you need help making sure your case is not fobbed off. With POP still looming large, they will be sensitive to any suggestion that this example of "exactly what POP was all about" is being mishandled by them or anyone else.
(I also wonder about trying to speak to someone on the inside, such as PCQ - who I believe is really SGTQ - but I guess there are issues for both parties doing that)
Posted 12 years ago # -
I'd be up for a Pedal on Fettes.
Posted 12 years ago # -
When I got hit a few months ago, I just dealt directly with the woman who hit me. All I asked for was the cost of the damage to my bike which was amazingly only £65. She sent the cheque as soon as I told her the cost without issue.
I was in quite a lot of pain for the first few days, and had mild whiplash for about 4 weeks, as well as being mentally scarred for a while. I personally wasn't interested in compensation for that though, dems the breaks as far as I was concerned.
Other folks will no-doubt feel differently about their situation, and I don't think there is any right or wrong way to approach this, you need to do what you feel is right. Good luck in whatever that is.
Posted 12 years ago # -
thats sounds like quite a bump!
hope you mend quickyfreewhwheelin
Hi, were you wearing a helmet ? If you landed on your head & shoulders, do you think it did/would have helped ?
in my accident it landed head/shoulder first.
some three and a half months Im still healing.
its luck of the draw how you land and what injuries you get.
(i was wearing a helmet too)Posted 12 years ago # -
Get well soon MeepMeep, i'd add more but I think everything has already been said.
*have a gentle hug*Posted 12 years ago # -
So sorry to hear of your accident, MeepMeep, particularly as it came just after the outstanding success of POP. Wishing you a speedy recovery.
Posted 12 years ago #
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