Out for a ride today and as I was crossing the roundabout at the intersection of Arthur St and Rodd point a car failed to stop entering from First Avenue and hit me knocking me off my bike causing a bad case of gravel rash and  wrecking my rear wheel.  Driver fortunately admiited liability hower when the police attended  they would not  file a report on the incident let alone issue a ticket for failing to stop at an intersection as  I did not require hospitilisation - which seems to be consistent with the NSW police accident reporting guidlines LOL.  These may make sense for a car on car collision but not a car on bike .  Has anyone else had a similar expereince ?

My issue with this is failing to report these incidents means the numer of bicycle accident are therefore being under reported and thus may impact and further policy changes  needed to improve rider safety

Views: 589

Reply to This

Replies to This Discussion

The best thing you can do is call an ambulance in this situation unfortunately. 

too late for that - but seems like if i go to the doctors and get painkillers  it constutues an injury.  other than that is seems like motorists get a free ride if the knock over a cyclist

Just to clarify, there is a reason to call an ambulance when hit by a car, even if only slightly injured.

Once an ambulance is called, it triggers a process that the police need to follow. 

And the magic words are 'my chest hurts'. Neck pain will also get you an ambo ride but you'll be barraged with x-rays, getting hooked up to an ECG is much less stressful.

This is not directly related to your circumstances, but for the last year or so, I've been chasing my MP to pursue the government on the failure of police to enforce the "metre matters" rule among other things.

As a result of an email that I sent to her, I had a phone call from my local HWP sergeant, which, while not providing me with warm and fuzzy feelings that things were happening, it wasn't entirely unsatisfactory. Following that I got a letter from his LAC which indicated that he'd referred the matter on to the local traffic management committee incorporating police, RMS and LGA. I wrote back to him thanking him for doing that, but pointing out it was the enforcement of the law that I was not satisfied with. I haven't received a response from him yet. I also asked my MP to do as I had originally asked and pursue the matter with the government. Below is the reply that I got yesterday.

Makes you feel all warm inside, doesn't it! I felt so warm that I sent this following email off to my MP, as they had forwarded the government response to me.

"I'm not satisfied that anything is going to change. They are still pursuing the victims, in this case cyclists, using the same mentality as was done to rape victims for many years - they were asking for it! Their b/s excuses for harassing the cycling community "to make it safer for them" just doesn't cut the mustard. Most of the fines against cyclists do SFA for their safety, and yet "passing too close to a cyclist " goes largely unenforced. The most recent stats of fines can be seen here - http://www.revenue.nsw.gov.au/info/statistics

Note the difference between useless non-safety related fines against cyclists and those against motorists who endanger the lives of cyclists. 

One HWP officer recently said to me that cyclists deserve all that they get. While ever this attitude pervades, motorists can continue using their vehicle as a weapon to harass, injure and kill cyclists with impunity. They know that the chances of being charged are miniscule! I had 3 motorists today overtake me with much less than the intended minimum clearance, and in each case it was totally unnecessary. 

The number of cyclists killed since the introduction of Gay's punitive laws has increased, when it should have decreased if the minimum passing rules were enforced. It has been made even worse because of the decline in cycling numbers brought about by these regressive laws.

I would like this enforcement failure to be further pursued."

Getting sick of this rules for one, but not the other!

Hi James

I stopped and briefly chatted to you - in hindsight I should of stayed for a bit longer. I did not see the actual incident, just you talking to the driver in the aftermath.

Did you get your elbow looked at? It looked fairly nasty, hoping when cleaned up it was nothing serious.

Boggles the mind that NSW Police don't throw the book at people who fail to stop - they could of killed someone, and it is the reason why roundabouts are so dangerous for riders. Great for flow but I would rather 4 stop signs and provisions for riders to roll through.

Identical incident on Saturday near my place, driver failed to stop hit rear wheel and sent rider flying in a twist. Lucky he was ok - but a very compact strong guy.

Hoping you are back on the bike soon, I actually released your rear brake to see if it would roll but no joy - totally cactus. Budget for new hangar, cassette, hub the whole rear of the bike. Also get the frame checked, could be cracking, bent who knows!

Take care!

JM

thx - I did notice but possibly to shaken up to acknowledge .  Rear wheel is stuffed  so now have a bill for $1800 for a new set - hoepfullly the drivers insurance will cover this !

Also rode past, saw you talking to the cops, you bike looked Ronny Cooted.

Ph*kkin hate Arthur St, such a dangerous stretch, that seems so innocious, idiots overtaking all the time on a 50km rd and then jamming you up at the roundabout, which has has poor visability but everyone still drives fast through it, then overtaking again down the hill.

Actually getting through Five Dock is a very poor experience, no matter which way you go.

Does the cops not filing a report potentially affect your insurance claim against the driver? better check the legalities there.

Or see if you can lodge a police report online, to ensure there is a record of the incident.

> Driver fortunately admiited liability hower when the police attended  they would not  file a report on the incident let alone issue a ticket for failing to stop at an intersection as  I did not require hospitilisation - which seems to be consistent with the NSW police accident reporting guidlines

Got to say, I love the police, happy to issue tickets on Operation Pedro for cyclists going about their business not impacting anyone and noone being remotely close to a hospital but they can't be arsed to do any paper work for dangerous driving resulting in actual injury

Sadly all the police were doing was acting in line with the guidelines they have been provided with.   I have raised this with Jamie Parkers office to see if he can advocate for any changes to these guidelines and also what measure can be taken to improve rider saftey on Arthur St which is dodgy to say the least.   This is a classic case of guidelines being developed which may may perfect sense for car on car collisions to reduce the volume of non critical accident reports (not entirely sure I buy this argument), however when applied to car v bike/motorbike where one user is far more vulnerable to injury through minor accidents creates the situation where knocking someone off their bike with a lethal weapon is not considered a traffic offence.

Sad.

So basically driver gets away without any infringement notice and officially has a clean record.

Tomorrow when the same driver drives over another victim and this time kills them, his* lawyers will point to his* perfect record of careful driving and a gentle wave of a feather will be flourished while the victims' family picks up the pieces

What about the 1 metre rule trial?

Surely actually getting hit means a slam dunk for that infringement? They attend the scene, surely writing out that ticket is not too much to ask...

It would make the statistics more concrete - so some record of the car on bike hit exists or can be gleaned from the TIN stats.

JM

RSS

Community Ads

© 2018   Created by DamianM.   Powered by

Badges  |  Report an Issue  |  Terms of Service