iviehoff wrote:I had a similar situation once, though on the other side. I had a wheel wrecked due to collision with pedestrian who ran out (literally) into the road. I was not going fast. The wheel was far from new - it was probably a £70 wheel originally but a court would take off depreciation, probably at rather a high rate. For example, a bike thief was apprehended (rare case) and my friend was awarded by the court only a third of the value of the new bike in compensation for the stolen bike, reckoning that was the secondhand value of a bike a few years old. I decided it was just a waste of time trying to enforce payment of a small amount of money, on someone who had probably provided me a false contact anyway. The fact he was exceedingly uncooperative and unwilling to accept responsibility at the scene suggested it just wasn't worth it. .
If I had had the courage would have taken his picture and plasted it on YouTube?
I once had a near miss with a pedestrian as I turned left from a main road into a side street. The pedestrian was walking along the pavement in the same direction as myself and stepped off the curb and across my path as I turned left. I had been indicating, but he had not looked. Of course I had half anticipated his absent mindedness, so there was no real chance of a collision, but I let out a "whoa!" to let him know I was there as I changed my line around him. He said "Where's your bell?", to which I instantly snapped back "Where's your <moderated> eyes?" I kept riding, so that was the end of it. It pays to assume the other person is an idiot, because sometimes he is.
Overtaking another bike, there does come a point where you are committed, and a sudden move to the right by the other rider will spell disaster. You can and should be cautious, but an idiot can still catch you out.
Does depend rather on the precise sequence of events though. As you may know, if they have started to cross, pedestrians crossing a side road have priority over vehicles (including bikes) turning left. Highway code rule 170.
drossall wrote:Does depend rather on the precise sequence of events though. As you may know, if they have started to cross, pedestrians crossing a side road have priority over vehicles (including bikes) turning left. Highway code rule 170.
Yep, but in my case the pedestrian strode out as I was cornering, forcing me to change line to avoid him. He had a duty to look and wait (did that bit at school when I was about five). I did my bit, which is why we did not collide.
drossall wrote:Does depend rather on the precise sequence of events though. As you may know, if they have started to cross, pedestrians crossing a side road have priority over vehicles (including bikes) turning left. Highway code rule 170.
Yep, but in my case the pedestrian strode out as I was cornering, forcing me to change line to avoid him. He had a duty to look and wait (did that bit at school when I was about five). I did my bit, which is why we did not collide.
Would you consider that you would have the same duty if you were riding along the road and an overtaking car were to turn left across your path?
drossall wrote:Does depend rather on the precise sequence of events though. As you may know, if they have started to cross, pedestrians crossing a side road have priority over vehicles (including bikes) turning left. Highway code rule 170.
Few drivers seem to know this. I would always give way when driving (or cycling) to pedestrians crossing a side road, including when they are still on the pavement but clearly about to start across the road and without looking for cars first *, but as a result I've darn near been tail-ended by other drivers more than once.
*OTOH, if I'm the pedestrian about to cross a side road, I look all round for traffic and give the traffic the benefit of the doubt even if it isn't signalling, because being in the right is no good if you're dead
drossall wrote:Does depend rather on the precise sequence of events though. As you may know, if they have started to cross, pedestrians crossing a side road have priority over vehicles (including bikes) turning left. Highway code rule 170.
Yep, but in my case the pedestrian strode out as I was cornering, forcing me to change line to avoid him. He had a duty to look and wait (did that bit at school when I was about five). I did my bit, which is why we did not collide.
I've had a pedestrian just wander across a country road, plenty of visibility, they were standing on the pavement facing the road in a world of their own and they just wandered across slowly without looking. I had to brake hard and steer round.
My assumption was that they were subconsciously relying on their ears and their "auto-pilot" just "allowed" them to wander across the road as cars coming (as cars make noise). I remember reading somewhere sometime ago about how electric only cars should/do have devices to make noise as people are used to hearing hazards like cars. No idea if it's true or not and whilst I'm all in favour of safety ... it does make you wonder about the risks you brain allows you to needlessly take; all to avoid a brief look up at the road.
pwa wrote:I once had a near miss with a pedestrian as I turned left from a main road into a side street. The pedestrian was walking along the pavement in the same direction as myself and stepped off the curb and across my path as I turned left. I had been indicating, but he had not looked. Of course I had half anticipated his absent mindedness, so there was no real chance of a collision, but I let out a "whoa!" to let him know I was there as I changed my line around him. He said "Where's your bell?", to which I instantly snapped back "Where's your <moderated> eyes?" I kept riding, so that was the end of it. It pays to assume the other person is an idiot, because sometimes he is. .
You would have been totally at fault if you'd hit him. And dining a bell, as Mr Toad would have beeped his horn would not absolve you, nor Mr Toad. Sorry, but you need to learn the rules of the road if you are going to drive / cycle safely and legally
He was riding Carrera Intercity and mine was Carrera Vulcan. I think Home Insurance is not an option for me either unfortunately because I only rent a room and I bet my landlord wouldn't like his insurance going up later on. He did ask me if I agree it was my fault and I said not really because road is not marked and there is no wrong/right side. There were no witnesses except for couple passer by's sometime after collision. No cctv. I'm more worried about that bump rather than the buckled wheel. I did try to avoid collision didn't have enough time. I got a text from him yesterday saying that I didn't replied to his earlier message (which I never got) and he will pursue the matter.
Here's a photo. I was going at yellow path and he was going on blue one, collision happened at red dot.
drossall wrote:Does depend rather on the precise sequence of events though. As you may know, if they have started to cross, pedestrians crossing a side road have priority over vehicles (including bikes) turning left. Highway code rule 170.
Yep, but in my case the pedestrian strode out as I was cornering, forcing me to change line to avoid him. He had a duty to look and wait (did that bit at school when I was about five). I did my bit, which is why we did not collide.
Would you consider that you would have the same duty if you were riding along the road and an overtaking car were to turn left across your path?
Obviously Mrs Murray, my first teacher, was wrong when she taught me how to cross the road. Stop, look, listen, etc. It's a wonder you are still alive if you don't know that stuff. Walking and cycling are not the same, but I would consider myself at fault if I cycled off a pavement into the path of a vehicle (cycle or car). And let's be clear: the pedestrian stode out when I was very close and I took avoiding action in the proper way.
you're the one making the manouever, ped is walking straight on. It's pretty poor show to argue ped should stay out of your way. OK it's wise as a pedestrian to look out for badly driven vehicles - but hey ...
This forum is a mad house sometimes! Of course a pedestrian stepping off the curb and onto the road should stop, look, listen and, if necessary, wait. Anyone who does not know that should go back to school. Infant school, because that is where I learnt that! And my cycling manoeuvre was at modest speed (8mph?) and I had my focus on the pedestrian. My awareness is what averted a collision. I think I had a right to say "whoa" as he stepped off the curb without looking. The "whoa" made him hesitate, giving me more room to keep us both safe. And I think his response of "where's your bell" was a poor response. His incompetence had put him and me at risk. My competence had saved the day. I continue to be wary of pedestrians who look as if they might step into the road.
He can argue that you were on the wrong side of the path (and I believe that does have a bearing on the rights and wrongs of it). You can counter argue that he ran into you and you were so slow that your speed did not contribute to the collision and you were as good as stopped. Making it his fault for going round a corner too fast and blind.
I would not like to go to court as either of you. My personal opinion would be to take it on a knock for knock basis (which is about what insurance companies do on narrow lanes). Either trying to claim of the other when both appear to share the blame, doesnt seem like a good way forward.
The thing about involving solicitors is that they give people advice that they often dont want to hear, if the other party goes to a solicitor they may get told such. On the other hand the solicitor will know if there is anything already established about who is right or wrong in such situations. Solicitors cost more than wheels and small claims courts dont let you claim for solicitors' fees. I wouldnt like to bet which way a Judge would find on this and the gamble involves more (court fees <£100 if not exempt) than the price of a Carrera wheel.
In order to take you to court he has to give you fourteen days written notice and not even that until he has attempted to negotiate/ made a demand. Until you receive such a notification you can probably assume it is going nowhere, best to dispute sole liability with him. Even if you do receive written warning from him about going to small claims court it may be a bluff.
On the little side issue being discussed, when did anybody last see a cyclist or motorist signal their intent to turn just for a pedestrian.
Which I always see as a very useful point when they try and claim somebody stepped onto the road in front of them, if they havent indicated then you were not in front of them.
*, but as a result I've darn near been tail-ended by other drivers more than once.