I was travelling south along Military Rd just past the West Beach Caravan Park on Sat 15th May about 10.30am. My riding partner had decided to do a sprint to the bridge and was about 100 m ahead so I decided to do the same. I looked up ahead and there were no cars in sight - I looked down for ONLY 3 or 4 seconds to push harder and check my speedo - about 35kmh. Then BANG and I was on the ground having slammed straight into the back of a (presumably) parked car! The first cyclist to stop was an ambo and he assisted me until the ambulance arrived. I was taken to RAH emergency for 9 hours and have luckily survived with only a fracture to my tailbone, badly bruised ribs, wrist and swollen jaw. If anyone knows the ambo/cyclist who helped me I would truly like to thank him for his help on the scene, I am most grateful!! Also if there were any witnesses that would be helpful as my friend heard the driver telling someone she was on the mobile phone and pulled over to talk - obviously very rapidly as I didn't even have time to put my head up and see it coming (may be just as well though)! However the driver's police report makes no mention of talking on the phone.... just me hitting her from behind while she was stationary...
network call logs should show if she received a call at the time of the accident - not that this information is easy to get I hear - anyone else out there know about retrieval of GSM logs of incoming calls and if they have been used to prove "at fault" behavior? Hope that you heal quickly, best wishes.. hope that you are talking to a lawyer..
Just to throw it in there-I am pretty sure it would make no difference if she was on the phone- having worked in the CTP insurance industry for 6 years I can pretty confidentially say that if you rode into a parked car from the rear (even if it only just stopped) then you would be at fault- especially if you are saying you were not looking at the time. It actually wouldn't really matter if it was moving at the time either, you should be riding or driving to be able to avoid a situation.
I hope you get better and the injuries heal quickly. This is an honest opinion, which may not be something a lawyer gives you!
Thanks for your reply. Yes I know I am technically at fault (even though I only looked down for an instant) but the main reason really for my post was to see if I could find the cyclist/ambo who stopped and assisted me until the ambulance arrived. I just wanted to give him a big "thank You"
Sorry to hear about the crash and injuries. I rode into the back of a car once when looking over my shoulder to change lanes and it hurt in more ways than one.
IMO unless you do get a witness that saw the car pull up abruptly/negligently in front of you it will be hard to prove anything against the driver, even if she was on the phone at the time. That is the only way I can see her being at fault in this situation, unless she was incorrectly pulled over to the left creating a risk on the road.
It also appears that she has done the right thing by pulling over to speak on the phone and call records by themselves would only confirm that.
At that speed you would have travelled about 50m in 4 seconds, a long time and distance not to look up. Hope you get better quickly.
Don't bother blaming either the cyclist or the car driver. That road is hospital bait.
Like many other Adelaide main roads, Military Rd, West Beach, is badly designed for one of its primary tasks - keeping cyclists from being injured. 6 metres is not sufficient width for a parking lane, a cycling lane, and a high-speed traffic lane. Painting in a bike lane (eg 1m wide between a 2m parking lane and a 3m high-speed lane) would reveal this. Not painting in a bike lane merely conceals the danger; that is, it makes things worse.
Meanwhile, relying on cyclists to hug the kerb, weaving in and out of the high speed traffic lane every time they come to a parked car, is no solution either. Drivers can see cyclists who are obviously in their way; they cannot see cyclists who are just about to get in their way.
Once again we need to ask, when is the state government going to stop using badly designed roads to kill and injure cyclists?
I didnt see the crash but stopped very soon after. I was the guy who tried to call your friend on your phone. I heard the conversations you are talking about. If you would like you can email me on firstname.lastname@example.org