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Van reversed into me - who's fault?
I'd be interested in how folks view this scenario....I was cycling up a Victorian terrace street after dropping my daughter off a school this morning, the kind of street where drivers have to pull in between parked cars to let vehicles coming in the opposite direction pass. I was following a SKY van about 10m behind, relatively slowly, and was waiting for someone in front of the van coming in the opposite direction to pull in and let the van past. As I got closer and closer to the van, thinking the car coming in the opposite direction was just about out of the way and the van driver was going to keep going, he suddenly hit reverse and slammed into me, sending me flying back. My main reaction was relief that although I slammed into the road, it didn't really hurt too much, so I moaned a bit, the van driver picked my bike up for me, apologised profusely, and I let him drive off. Only when I got back on the bike did I realise that the front wheel was buckled. My question is this....although I was following the van for 50m or so up the road at some distance, so I was in his mirrors, at the time of impact, I had (thinking he was about to take off forwards) gotten too close, and was no longer in his mirrors. So, am I then to blame? Does a sign saying, "if you can't see my mirrors, I can't see you" relieve drivers of the responsibility to reverse carefully? I was on my old hybrid, so having to true up the wheel is a chore but not the end of the world. This would have been a whole different scenario if I'd been on my carbon cross bike with flash expensive alloys. If I had taken this further, or if there'd been more serious damage to me or my bike, how would the courts have viewed it? Anyone have any experience?
If you're new please join in and if you have questions pop them below and the forum regulars will answer as best we can.
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11 comments
Going back to the original question, I think its an interesting point... who is to blame?
Ok, the van driver is clearly to blame, but in the eyes of the law, or the insurance company, I am sure the blame would sit with the cyclist.
In the same way that brake checking is an easy way to get an insurance pay out... to simplify the insurance process, anyone rear ending another car is automatically to blame unless they can prove otherwise. I should imagine in hte eyes of the law it will be the same... can you prove they reversed?
Annoying. Really annoying, but at least it was only minor damage.
I can't help thinking that if any company should be doing the honourable thing for sorting a cyclist out it should be Sky.
I'd get in touch with them and see what they say.
(You could always ask them to send one of their mechanics round to true the wheel, a soigneur to help ease any bumps and maybe chuck in some team gear.)
If the van was pulling in he should have been indicating to show his intentions. If this had been the case, you may then have had time to react and would have realised early on that he was looking for a parking space.
It's one of my bugbears on the roads is that so few drivers bother to indicate. It's a minor thing but in this case has caused and accident and at the best of times wastes peoples time. I lose track of the amount of time I've wasted being sat at roundabouts or junctions and waited only for the oncoming car to turn off before me without indicating, meaning I've waited for nothing
. A simple courtesy that takes no effort, just shows how selfish many people are.
Thanks to everyone who's commented, I've been cycling for years and this was my first ever collision with anything. Two things struck me (3 if you count the van): 1. regardless of the law and a driver's responsibility to check the way is clear, I was a fool to get up too close so he couldn't see me in his mirrors. I'm not convinced he even looked, but a passer-by mentioned his sticker and I'll make sure I never get into that kind of blind spot again. 2. After being hit, panic set in, and all common sense disappeared. I didn't even check my bike before the guy drove off, and I didn't note down his registration. I felt a right idiot when I tried to cycle off and the front wheel was squealing against the brakes. So if there is a next time, I'll be mindful of the 'shock' effect and make sure I do the sensible thing. At the end of the day, a buckled wheel is indeed a few mins work to sort, so no real harm done, this was a very trivial incident compared to other news on this site.
Suddenly reversing after just before going slowly forward... Driver at fault, same as if he brake-checked you.
"the van driver picked my bike up for me, apologised profusely, and I let him drive off. "
How long should he wait ? The OP says he let him drive off ?
Maybe its not against the Highway Code - but it is against common sense to be so close to a vehicle that you cant be seen, I'd rather be alive than morally correct.
But the OP let the driver drive off ? Would anyone in the drivers position really think to go and report an incident with no apparent damage or injury to the police ?
I reckon yes the driver was at fault - but so was the cyclist. Luckily no more damage than a buckled wheel which is a few mins work to sort ?
Hopefully they've both learnt a lesson with little damage done.
But the OP let the driver drive off ? Would anyone in the drivers position really think to go and report an incident with no apparent damage or injury to the police ?
I reckon yes the driver was at fault - but so was the cyclist. Luckily no more damage than a buckled wheel which is a few mins work to sort ?
Hopefully they've both learnt a lesson with little damage done.
The OP did not let the driver disappear. The driver drove off. It is not incumbent on the victim of bad driving to hold the perpetrator prisoner.
Perhaps if the driver had hung around a little longer he would have discovered that his victim's bike was damaged and he could then report it?
Whilst experienced riders might say the OP was a little foolish to get too close to the van he broke no laws, disregarded no Highway Code advice and was generally going peacefully about his business. And someone backed into him.
There's enough cyclist blaming coming from motorists, journalists and my wife, we need no more.
Leaving the scene of an accident 3-6 penalty points for him I think if you can trace him. It is inattentive driving on his part.
From what you say he is completely in the wrong. It's his job to make sure it's clear before reversing, not your job to keep out of his way. After all, it could just as easily have been a pedestrian crossing the road.
It's also his job to stop and give you his name and address if there was any damage, and to report it to the police as soon as possible and in any case within 24 hours. Incidentally, it's your responsibility too. It rather sounds as though he declined to follow the law here, did you get his number? If not it may be possible to get his details from Sky, or possibly from the local firm who, under licence from Sky, deal with their installations. Why should you pay for his mistake?
Glad you are OK, and best of luck.