Author Topic: Ooops, binned it! (Read 1459 times)

simon78 · « **Reply #25 on:** 18, July, 2006, 02:13:27 PM »

Likewise sorry to hear this. I've guess I've been lucky, so far, as I've not dropped or crashed my bike.

Although there have been a couple of times when I've had people look like they are going to jump out in front of me, because they think its a laugh. I've also had things thrown at me and at traffic lights if I see groups of people hanging around I pay more attention in case someone thinks its funny to push a biker over at the lights.

It will be interesting to see what the outcome is. If its positive you ought to let all the bike mags know so that other bikers involved in similar incidents can get something back. Then word may get through to people walking, aimlessly, down the road that they will be liable for any damage or accidents they cause.

Failing that, you know where he lives and a visit from a couple of bikers probably wouldn't go a miss!

Burger · « **Reply #26 on:** 18, July, 2006, 02:35:05 PM »

Quote (Wildcat @ July 18 2006,13:29)

Quote (Burger @ July 17 2006,13:57)

The thing I worry about is doing 35-40 ish in a thirty in the middle of the night (I know very wrong) some drunken idiot stepping out and you killing him. The courts will deam you at fault cos of your speed! Scary

That happened to a mate of mine, only on the fast dual carriageway bit of the A3, in the dark, the pisshead jumped the railings and ran straight into my mate from the central reservation.

Stone dead, eight times over the limit

What happened to your mate Carrie? was he ok, Did he get the blame?

Wildcat · « **Reply #27 on:** 18, July, 2006, 05:43:06 PM »

He came out of it OK in the end, but it was a nightmare while it was ongoing, he kept thinking he was going to be nicked big-time.

I hit a pedestrian myself years and years ago, during the ambulance strike. Knocked him out. Luckily loads of witnesses, it was his fault, but his folks tried to sue me. (He was very senile).

Mr W managed to knock down an old dear with his scooter at 5mph on the way to the chip-shop a while back, she's now claiming to have every spinal injury known to man. God knows how it happened, as the likelihood of three such rare events as 1) Mr W being on 2 wheels, 2) Mr W actually shopping for his own dinner, and 3) a pedestrian crossing Mr W's street, all happening simultaneously is akin to the likelihood of me having a rollover win on the lottery.

naughty lee · « **Reply #28 on:** 19, July, 2006, 10:14:49 AM »

the guy i hit told me that he is a carpenter and has a big contract down in liverpool st. he works in london for 2 weeks then goes home to wales for a weekend....he cant be short of a few bob!
been quoted £500 for repairs from my local bike shop up north(emailed lots of photos) and metropolis quoted me £1700+
erm...hello?

john · « **Reply #29 on:** 19, July, 2006, 11:05:11 AM »

whatever you do, do not not admit that you saw the pedestrian at all before he stepped out, as far as you are concerned he simply appeared in front of you out of nowhere, you had absolutely no idea where he came from.

May seem like a minor point but he may decide to try and sue you

'>

Wildcat · « **Reply #30 on:** 19, July, 2006, 11:30:09 AM »

There's a lot of it about at the moment. I saw one last night, young lad on a 125 hit a mother and baby on a zebra, very very nasty, and not much doubt it was his fault. Claret everywhere, but rider pretty much OK. I stayed and calmed him down and held his hand until someone came to look after him as he was very distraught and there was a whole crowd of people looking after the casualties (both with head injuries) having a pop at the rider and being unpleasant about bikers in general - he was only 17.

Burger · « **Reply #31 on:** 19, July, 2006, 12:10:22 PM »

Bugger! Not good.

Its always a little hazy ped crossings aint it, The highway code states that you only give way to pedestrians when they are ON the crossing, not stood by it! ':rock:'

I always stop just incase!

TallGuy · « **Reply #32 on:** 19, July, 2006, 12:49:31 PM »

Quote (john @ July 19 2006,11:05)

whatever you do, do not not admit that you saw the pedestrian at all before he stepped out, as far as you are concerned he simply appeared in front of you out of nowhere, you had absolutely no idea where he came from.

May seem like a minor point but he may decide to try and sue you

'>

Don't admit to not seeing him if you did and certainly don't say he just appeared from nowhere as this is an admission of poor observation. Simply state the facts that there was insufficient time/distance to aviod a collision though every effort was made to minimise the impact.

john · « **Reply #33 on:** 19, July, 2006, 01:05:19 PM »

fair point but in regard to pedestrian crossings aren't you meant to be pro-actively anticipating the possibility of someone crossing the road ?

Surely the pedestrian may have a strong case if he claims that he believed the rider saw him clearly before he crossed the road, if the rider also says that he saw the pedestrian stepping out onto a crossing but was unable to stop in time before hitting him then surely there may be a case for driving without due care and attention ?

Counter-suing is probably not on this guys mind at the moment, but it may well be once he gets a bill for the bike repairs and he trots off to inurylawyers4u.

I have particularly good observational skills (tempting fate here but in 20 years though I've crashed lots I've never hit another vehicle or person and I've only hit a rabbit once...) yet people, vehicles, animals and all sorts of other things regularly appear in front of me as if from nowhere and I'm sure it doesn't just happen to me !

naughty lee · « **Reply #34 on:** 19, July, 2006, 03:48:36 PM »

Quote (TallGuy @ July 19 2006,12:49)

Quote (john @ July 19 2006,11:05)

whatever you do, do not not admit that you saw the pedestrian at all before he stepped out, as far as you are concerned he simply appeared in front of you out of nowhere, you had absolutely no idea where he came from.

May seem like a minor point but he may decide to try and sue you

'>

Don't admit to not seeing him if you did and certainly don't say he just appeared from nowhere as this is an admission of poor observation. Simply state the facts that there was insufficient time/distance to aviod a collision though every effort was made to minimise the impact.

this is quite the case, he stepped out and there was less than half a second for me to deviate my course, there was not even time to hit the brakes. any other tips tall guy?

john · « **Reply #35 on:** 19, July, 2006, 04:44:17 PM »

What I should have added, and I'm surprised that no one else has mentioned this, is that you should seek proper professional legal advice from a motorcycle accident specialist before you enter into any correspondence with the other party or before you take any other action in relation to this incident.

TallGuy · « **Reply #36 on:** 20, July, 2006, 07:17:35 PM »

Lee, in your correspondance with offender you quote Road Traffic Act Articles and Sections. I have no idea to what you are referring as I can find no reference to what pedestrians can or can not do in the Road Traffic Act 1988 or any amendment thereof, other than s37 which relates to a police officers powers to stop a pedestrian crossing or proceeding along a road. The nearest legislation I can find is The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 which then only states the a pedestrian should not... as opposed to the mandatory must not.
As has been said this is a job for RSS as it is their bread and butter business and I'm sure they get cases like this every day.

Wildcat · « **Reply #37 on:** 20, July, 2006, 07:43:57 PM »

I doubt this kid has a leg to stand on, he was accelerating along on the outside of the traffic, cars were already stopped at the crossing and the people were half way across.
He won't do that again.

Burger · « **Reply #38 on:** 20, July, 2006, 11:40:57 PM »

Quote (Wildcat @ July 20 2006,19:43)

I doubt this kid has a leg to stand on, he was accelerating along on the outside of the traffic, cars were already stopped at the crossing and the people were half way across.
He won't do that again.

Scary!

I do it all the time but I stop at the crossing, That way you are the lead vehicle and you dictate when the traffic leaves!

naughty lee · « **Reply #39 on:** 31, July, 2006, 10:18:55 AM »

ok, time for a bit of an update, i got a letter back from matey, apparently he has been in touch with a solicitor who recons we are both at fault, him for stepping out and me for overtaking.... he has offered me £300
ive filed/polished out the scuff to the exhaust (half an hours work)
got a quote to repair my fairing (£130)
ordered my new decals (£90)
ordered a new mirror (£25)
need two indicators (£20 each new)
total (£285 total)
but ive seen some indi's on eBay! cheap!
looks like i might have a bit of beer money left afterwards! my no claims bonus is safe for the year!
result!

Burger · « **Reply #40 on:** 31, July, 2006, 11:09:21 AM »

Nice one LEe! Well done mate, See the letter works. Glad you got sorted and will you give me a call when your next down. We also need to get the northern trip sorted.

I think me, Dread, Dad, Matt and a few others are well game for a weekend away. Get it sorted.

'>

TallGuy · « **Reply #41 on:** 31, July, 2006, 12:54:28 PM »

Quote (naughty lee @ July 31 2006,10:18)

....and me for overtaking....

You didn't mention anything about overtaking..... If you were overtaking another vehicle within the zig-zag zone of the crossing then you lucky you are getting anything. Other than a nice fine and some points on you licence. ':p'

naughty lee · « **Reply #42 on:** 31, July, 2006, 02:33:41 PM »

i know where you are coming from here tall guy, but precisely whta is the definition of overtaking?
i woiuld guess its something along the lines of
one moving vehicle passing another moving vehicle.
.
the cars i passed were stationary, is this still defined as overtaking?.
.
burger. will get dates in stone once ive got my hollies sorted out.

TallGuy · « **Reply #43 on:** 31, July, 2006, 05:19:07 PM »

If the vehicles are stationary because they have stopped to let a pedestrian cross then you can pass the car behind the lead vehicle, but must not pass the lead vehicle. If the traffic is stationary because the traffic on the other side of the crossing is not flowing then you may approach the crossing, STOP then proceed across the crossing taking due care for pedestrians which may be obscured by other vehicles. It is important that you make a decernable stop at the crossing as otherwise you are classed as overtaking through a pedestrian crossing which is a fine and points. If it results in an accident then you could be facing a case of driving without due care and attention.... bigger fine and more points.

Burger · « **Reply #44 on:** 31, July, 2006, 05:21:49 PM »

LEE, Keep ya mouth shut now eh! Seems like you have both come off pretty well!

'>

naughty lee · « **Reply #45 on:** 31, July, 2006, 06:50:41 PM »

jeepers, looks like im just better off taking the money and running! thanks for all the help on here, exhaust is sorted, clutch cover is sorted (took some prepping), decals removed, glue removed, new decals/RH mirror ordered,top fairing in the paint shop (says he will laquer over TLB eyes for me..cool)
just need my winkers now then bolt it all back together...

DangerMouse · « **Reply #46 on:** 31, July, 2006, 06:55:35 PM »

Well done matey!

'>

trouty · « **Reply #47 on:** 31, July, 2006, 07:13:47 PM »

for future reference, contact info for RSS (rider support services) can be found in the links section of thelondonbikers.com portal

naughty lee · « **Reply #48 on:** 31, July, 2006, 09:21:39 PM »

thanks to everyone for all your help on this one, will let you know when its back together

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Author Topic: Ooops, binned it! (Read 1459 times)

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