I don't want to talk about it - the pics say a thousand words...

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Comment by Darren B on December 13, 2011 at 12:30

How the hell did that happen?

Comment by Darren on December 13, 2011 at 12:35
Comment by Paul Smith on December 13, 2011 at 12:52

Your poor baby! Insurance payout for an upgrade?

Comment by heather on December 13, 2011 at 15:16

chase the driver for a new bike!!!!!    he should not have hit a cyclist, nor turned into the driveway when he did not have clear vision.

Comment by Darren on December 13, 2011 at 15:59

I have the driver's name and phone but I haven't spoken to him yet.  I'm talking with a lawyer tomorrow morning before I take the next step.  The bike's obviously a write-off.  I'm pretty upset about it, though I like to think her last sacrifice contributed to me being in one piece!  I need to accept it and get on with getting a new ride. 

I had the usual mild panic that I could have somehow been responsible for what happened, but ARR rule 141 is pretty clear and I'm in no doubt that I was acting legally.  There's no doubt the driver is legally responsible for the crash.  I dare suggest the van driver who sought to provide the car driver the opportunity to turn (the only one with visibility in both directions) may also be negligent.

Comment by Gillian on December 13, 2011 at 16:33

I'd be fairly confident that the driver that hit you will be liable, but that's what lawyers are for. If the driver is liable and has comprehensive car insurance then you could get a new bike for Xmas. That would be a bonus if you have got away without any long term injuries.

 

Comment by Don (Who's lost?) Nairn on December 13, 2011 at 21:06

you can only overtake to the left if

  (c)         the vehicle is stationary and it is safe to overtake to the left of the vehicle.

there seems to be evidence that it was not safe to overtake on the left (you had an accident)

what the road ruels say about right hand turns and entering and leaving private property I don't know.

I have no legal training.

I hope you make a full and speedy recovery and your bike gets sorted promptly.

Did the police who you would have reported it to offer an opinion?

Comment by Darren on December 13, 2011 at 21:21

That's 1(c) - part 1 clearly states "except the rider of a bicycle".  Part 2 of rule 141 is relevant to cyclists.

The police said there would be no further action - they see it as a civil issue from here.  In any case, the cars were stationary and that contributed in part to what happened - the van remained stationary to allow the car to turn.

Comment by Don (Who's lost?) Nairn on December 14, 2011 at 1:14

I would hope that if the driver of the car that was turning right was clearly breaking the law or driving dangerously the police would pursue him.

Keep well and remember that in a few years time what happens with the bike is secondary to you making a full recovery.

If you have insurance it will probably be quicker to make a claim and then your insurance company can make the decision to chase him or not and you can spend your time riding your bike and having fun.

Comment by Darren on December 14, 2011 at 6:58

I've had mixed emotions about the whole thing.  I felt from the start the car driver was criminally responsible but when I put myself in the driver's position it appeared unavoidable.  While convalescing I've given a lot of thought to the situation and I now feel this should have been avoided.  The car driver should have driven two meters down the road and did a U-turn - this was by far the safest option.  The van driver was never in a position to signal the car driver to cross - he should have put his left hand signal on to warn other road users.  So I'm now feeling like the police should have taken criminal action - not sure if there's any more that can be done now.  I may ask when I go to request a copy of the VAR today.

I'm obviously happy to be in one piece.  My wife, family and friends have been super-supportive.  I'm trying to taking myself off the pain meds because they're causing me digestive problems - as a result I'm pretty grumpy this morning.

My next bike will be insured for property damage.  We took out BikeSA membership in part so we had 3rd party cover, but that's zero help in this situation.  I've been terribly confused about where I stand in this whole process - having an insurer acting on my behalf would make this a worry-free process.  Hopefully I have a better idea later today.

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