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I Had A Fight With A Car


Danny Kearns

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I never told her to f**k off mate. Also. If it is a blind spot, by law shouldn't it have mirrors ?

Im not offering her any money. I need a new front wheel now and i think she has slightly bent my zoo forks.

She is yet to realize she only has one whiteness and i have 3.

Bah. Im not paying up. Not a chance in hell. I will go to court over this. I don't have £250 anyways. Im at school and un-employed and theres no force on heaven or earth that will make me sell my bike to fund it.

Where theres a will theres a way my friend ;).

Danny xx

You only need one, a weight of opinion will be taken into account but where one side disagrees completely with the other and there are no independant witnesses, the beak will find for whoever he likes the look of. Get a good suit ;)

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End of the day you were riding on the pavement, which you shouldn't have been. You caused X amount of damage which wouldn't have happened had you not been breaking the law, therefore you are liable for the damage no matter how many witnesses you have. Sucks, cos I used to ride on the pavement all the time. Wrong place, wrong time I'm afraid.

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You might be able to sidehop, but you have a lot to learn about the world. I presume you know your witnesses? In which case, they arent independant, and their evidence will be looked on very carefully for bias. To be devil's advocate, its not like the coppers were on the scene and took statements, you had the best part of the afternoon to cook the story up between you and your witnesses.

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All of my whitenesses statements and mine are all very similar. Surely thats case closed ?

Danny.

Quite possibly, but it could well be case closed and not in your favour.

If you were riding on the road, close to the pavement and this happened, you would have had a much better chance here. You were riding on the pavement, regardless of how you were riding, that IS illegal. if the police really wanted to be harsh they coudl give you a fine for that too!

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What would the situation be like it it was a little kid that ran out instead ?

You were going along on a bike, fast enough that even with a pair of brakes you couldn't do anything about it. How is that the same as "little kid running out"?

You were breaking the law, you're at fault. You admitted liability at the scene of the accident. It's basically all against you. No matter how many shades of white you've got on your side, if it goes to court it's going against you. If that's the case, you'll usually have to pay the damages that the other person claimed, and possibly even court costs. Either way, more than the £250 she's asking for now...

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Nobody apart from me and her heard that i admitted liability. The whitenesses could not here the conversation.

On that footpath pedestrians have right of way because where they pull out of the school drive it crosses a public footpath. According to the police, you are allowed to ride along that pavement, reason being there is no cycles path on the road and i was not wearing a helmet.

Danny.

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I'm shocked you didn't tap or hook her car.

What were you thinking!?!?!? :rolleyes:

I didn't even have time to blink, let alone tap, sidehop or hook. She literally appeared out of nowhere. Even with amazing brakes there was no where near enough stopping distance to stop.

Danny.

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If the policemen aren't idiots in the uk, surely they will take into account that the bike you have isn't really something to ride on a road?

About the 'what would happen if it were a kid'. I guess it's parents would have a huge problem as it's their responsibility to keep the kid safe and not speeding along a pavement on a bike.

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Nobody apart from me and her heard that i admitted liability. The whitenesses could not here the conversation.

On that footpath pedestrians have right of way because where they pull out of the school drive it crosses a public footpath. According to the police, you are allowed to ride along that pavement, reason being there is no cycles path on the road and i was not wearing a helmet.

Danny.

Perjury is a big f**king deal. Equally, your shades of white aren't going to be much help to the police if they couldn't even hear what was being said? In that unless there were 4 people who were just focussing on you, they probably didn't even look until they heard the bang?

You said it yourself - pedestrians have a right of way. You weren't a pedestrian, you were riding a bike. In case you hadn't noticed, people walk at 4mph at most, not however fast you were going. I don't know if the policeman who spoke to you had just hit up some smack or something, because I don't see how you being ill-prepared for riding a bike would make an illegal act (Riding on the pavement) legal? When I've been told off for riding on the pavement in London, I haven't had a helmet on once and they still told me to get on the road. That's regardless of whether there's a cycle path or not. There doesn't have to be a cycle path for you to ride on a road anyway, the highway code even stipulates that.

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I haven't read the everything, but you are in the wrong. You shouldn't have been on the pavement, and if you must be on the pavement you should never be going over jogging speed. Fair enough, she may not have looked properly, but she'd have been looking for people walking, no expecting something flying at her from the pavement at more than 15 mph.

My cousin nearly did the same thing, bombing down the pavement and a car pulled out of the driveway. He stopped in time, could have been quite bad.

So, lessons learnt: Always wear you helemt on your bike, no matter what speed you going or if you just going to the shops etc. My worst falls of my bike have been over curbs. Also, never ride on the pavement. And if you must, don't go fast on them, ever.

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Do you guys actually ride your trials bike's on the road?? the way some of you are talking it seems to be the case. There is no way i'd ride my mod going down the street. It's really not an issue over here we NEVER get stopped for stupid shit like that.

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Nobody apart from me and her heard that i admitted liability. The whitenesses could not here the conversation.

On that footpath pedestrians have right of way because where they pull out of the school drive it crosses a public footpath. According to the police, you are allowed to ride along that pavement, reason being there is no cycles path on the road and i was not wearing a helmet.

Danny.

I think that could be your make or break point there mate.

If it is doubled as a cycle path and is known to be one by the police/local council then you havn't done anything wrong at all. You don't have to pay a penny, and could quite happily hand over a bill for new wheel, forks, bars and stem. She's effectively hit you on a registered cycling zone without looking, which is essentially the same as driving onto a pavement and hitting a pedestrian... albeit very slowly.

If it isn't, then you've committed an offence thats lead to someones property being damaged. Your in the wrong, she'd win hands down in court.

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Do you guys actually ride your trials bike's on the road??

Yep! No set makes no difference, just makes the bike not practicle for long distances.

In some situations i prefer the road to the pavement as its smoother.

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There was a new piece of legislation passed not so long ago that motorists have to pay out for any collision with a cycleist no matter who's fault it is. Although the fact you were riding along the pavement would counter that as at the time you were breaking the law.

Like most have said, the best thing to do is to pay up. Or, push your luck and pay half which I'm sure they would accept.

Going to court is a long winding process, which can lead to much embarassment and quite heafty payments which would be quite a bit higher than what she would like for the damage. I know theres a certain amount of pride to be lost by paying up, as you have already said no but you'll loose more than your pride in the court room.

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Its not like you'll go to a court with a jury and have a full blown precedure in which you will be able to expain all the technicallitys of how riding a bike on the pavement without a helmet is legal, the judge see's lil yuts come in there all the time, will instanty favour her case and you'll lose and have the fun of paying for all the damages plus legal fee's so pay up

or do your reasearch as krisboats says about it ^^

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Hey, I'm still learning to drive so I've not picked up any bad habbits. My instructor always makes me do this junction where I come out of a test center, over a pavement onto a road. I've leanred that I need to slowly move forward and stop before pavement, make sure theres no hazzards, then more forward to the curb and stop again to check for cars e.t.c. I doubt theres a law against it but I dont think it was very sensible if she came straight out, then again you were on the pavement so you were both in the wrong, If I was you I wouldnt give her a penny lol.

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