Monday, 26 January 2015

Who was to blame?

An aid to establishing who was at fault in a crash

There has been more than one occasion when a driver cut up a cyclists whilst making a left turn.
As the cyclists received head injuries, and was unconscious for 2½  hours it was important to make a statement to the police.
The victims were surprised to realise that the police were blaming the cyclist(s).
Fortunately independent witnesses came forward.

At a second meeting with the police, I knocked up an improvised quick physical representation using toys.
Initially the police didn't want to know, but when pressed they said that clearly the cyclists were in the wrong place.
So I asked, the cyclists were moving fairly slowly so  where should they have been?
They couldn't really ride on the outside of the traffic flow, especially if most cars were likely to overtake them.
At this point the police got quite angry, one saying:  "We are not going to be cross-examined by you!.

However, with the aid of evidence from two witnesses, our statement, and the CTC Legal Department,  we were able to counter the claim from the driver's insurance company for damage to his car, and we successfully claimed injury damages to ourselves.

The base for the model was a length of plain wall paper, the car from the 90p shop, and the two cyclists: Playmobile which we already had.

We also knew that the left turn was being used as a rat-run to try and avoid road-works further down the main road, and we think that the driver was in a bit of a hurry.

This dates back a number of years, but even today, not every cyclist carries a helmet-camera.

No comments:

Post a Comment