Accident with cyclist - then assault - HELP
Discussion
Can anyone help me as to where I may stand. Yesterday evening I was pulling out of the small mews street where I live and about to make a right turn. There's a brick wall on the right that totally obscures vision until you nudge the front of the car out to be able to see around the wall (in doing so the front of the car is over the exit part of the driveway that splits the pavement, rather than being on the actual road itself). I did this as normal when a cyclist, who was riding on the pavement at some speed, crashed right into the front corner of the car and rolled across the front of the car and onto the ground. I jumped out of the car to see if he was ok and he got up and attacked me - landing several punches to my head and kicks to my side.
My natural instinct, having played years of rugby, was to fight back, but I could see he was so pumped-up (both emotionally and physically –the body builder type) that I thought better of it.
My 7-month pregnant partner was in the passenger seat and she threw herself between the guy and me in order to make him stop. I shouted "she's 7 months pregnant" and I swear he almost hit her (but didn’t thankfully).
He then got in the car (which was still running) and looked like he was about to steal it (why else would he get in?). I managed to wrestle the keys out of the ignition, and he got out and went round to the front and ripped the fog lights off the car and threw them at my head and proceeded to throw more punches and kicks.
By now the police had been called and several witnesses had come out to help. He walked along the street a bit and stood shouting abuse - the worst of which was "you'd better not live there as I'll come back and FxxK you up" – which he shouted several times.
In the process of all of this he had ripped the toenail off his foot (possibly as a result of the crash - which the ambulance folks said will probably need plastic surgery) and badly cut his hand (as a result of picking up the smashed fog-light to throw at me).
He was accompanied by the police to hospital but due to his injuries was not arrested there and then (that's what the police told me). He will instead be arrested once all the witness statements are collected.
My partner was in total shock and was seriously hyperventilating and feared for the baby so we had an ambulance attend to check her out. I have bruising on my face and side and am feeling pretty sore in general.
The police say he may be charged with assault, criminal damage, and possibly something in connection with the attempted vehicle theft. He may also have some sort of bail condition stating that he cannot come near us given the seriousness of the threats of returning (which were also witnessed) but that's as far as that can be taken as this is the first time he has threatened us, I am told.
Thankfully I have 4 independent witnesses, as well as ourselves, who have agreed to provide statements. This will undoubtedly end up in court, and I am guessing he (or his defence) will look for compensation from me for knocking him off the bike in the first place.
Some questions:
* does he have a case?
* is cycling on the pavement actually illegal?
* despite him being witnessed by several people assaulting me and causing criminal damage to my car, could I actually end up as the bad guy here?
The whole ordeal was incredibly harrowing, and we are now fearful he'll come back with some mates to seek revenge.
Any thoughts would be welcomed.
Thanks,
Gixxer.
>>> Edited by gixxer1000 on Sunday 16th May 15:14
My natural instinct, having played years of rugby, was to fight back, but I could see he was so pumped-up (both emotionally and physically –the body builder type) that I thought better of it.
My 7-month pregnant partner was in the passenger seat and she threw herself between the guy and me in order to make him stop. I shouted "she's 7 months pregnant" and I swear he almost hit her (but didn’t thankfully).
He then got in the car (which was still running) and looked like he was about to steal it (why else would he get in?). I managed to wrestle the keys out of the ignition, and he got out and went round to the front and ripped the fog lights off the car and threw them at my head and proceeded to throw more punches and kicks.
By now the police had been called and several witnesses had come out to help. He walked along the street a bit and stood shouting abuse - the worst of which was "you'd better not live there as I'll come back and FxxK you up" – which he shouted several times.
In the process of all of this he had ripped the toenail off his foot (possibly as a result of the crash - which the ambulance folks said will probably need plastic surgery) and badly cut his hand (as a result of picking up the smashed fog-light to throw at me).
He was accompanied by the police to hospital but due to his injuries was not arrested there and then (that's what the police told me). He will instead be arrested once all the witness statements are collected.
My partner was in total shock and was seriously hyperventilating and feared for the baby so we had an ambulance attend to check her out. I have bruising on my face and side and am feeling pretty sore in general.
The police say he may be charged with assault, criminal damage, and possibly something in connection with the attempted vehicle theft. He may also have some sort of bail condition stating that he cannot come near us given the seriousness of the threats of returning (which were also witnessed) but that's as far as that can be taken as this is the first time he has threatened us, I am told.
Thankfully I have 4 independent witnesses, as well as ourselves, who have agreed to provide statements. This will undoubtedly end up in court, and I am guessing he (or his defence) will look for compensation from me for knocking him off the bike in the first place.
Some questions:
* does he have a case?
* is cycling on the pavement actually illegal?
* despite him being witnessed by several people assaulting me and causing criminal damage to my car, could I actually end up as the bad guy here?
The whole ordeal was incredibly harrowing, and we are now fearful he'll come back with some mates to seek revenge.
Any thoughts would be welcomed.
Thanks,
Gixxer.
>>> Edited by gixxer1000 on Sunday 16th May 15:14
Cycling on the footway (the correct term for what we in the UK call "the pavement") is illegal by default, except where:
(a) the cyclist is crossing to or from premises behind the footway (in the same way as you drive your car into your driveway)
(b) the highway authority have made an order (under the Road Traffic Regulation Act) to designate the footway as a cycleway or shared pedestrian / cycleway (in which case it must be signed in accordance with the Traffic Signs Regulations and General Directions)
(c) the local authority have made a general Order (either under the RTRA or a Planning act) to generally permit cyclists to use the pavements - for example in my town, cyclists (of any age) are allowed to use all footpaths. Some local authorities, I think, allow cycling on the footway up to a certain age - eg up to 12-year-old or something.
In any case, there is in onus on all road users (including cyclists and pedestrians) to exercise due care and consideration (although you never hear of them ever being charged with "walking without due care"!)
If you were easing forward as you say, and he clattered over the bonnet, then it would seem that he's the one at fault. His antics afterwards haven't entirely helped his case as the passive victim...
(a) the cyclist is crossing to or from premises behind the footway (in the same way as you drive your car into your driveway)
(b) the highway authority have made an order (under the Road Traffic Regulation Act) to designate the footway as a cycleway or shared pedestrian / cycleway (in which case it must be signed in accordance with the Traffic Signs Regulations and General Directions)
(c) the local authority have made a general Order (either under the RTRA or a Planning act) to generally permit cyclists to use the pavements - for example in my town, cyclists (of any age) are allowed to use all footpaths. Some local authorities, I think, allow cycling on the footway up to a certain age - eg up to 12-year-old or something.
In any case, there is in onus on all road users (including cyclists and pedestrians) to exercise due care and consideration (although you never hear of them ever being charged with "walking without due care"!)
If you were easing forward as you say, and he clattered over the bonnet, then it would seem that he's the one at fault. His antics afterwards haven't entirely helped his case as the passive victim...
Gixxer - that's terrible, hope you and your wife are ok and hope the stress doesn't cause complications with the baby.
IMHO you are entirely in the right here. Cycling on the pavement is illegal - look at this document it outlines the policy and penalties (yes, you can get a ticket for cycling on the pavement!) www.livingstreets.org.uk/download/22-pb009-pavement-cycling.pdf
Its also in the highway code: www.highwaycode.gov.uk/03.shtml
Also, given he was illegally on the pavement I believe it means you had right of way on the road - so in theory HE hit YOU so he is responsible - but I'm not a lawyer, if you can afford it you should maybe get an hour with a lawyer who can gather the appropriate evidence/witness statements himself for the defence in this kind of case, they may also suggest you can sue the other guy for the damage to vehicle and stress caused etc...but this may only aggravate the situation, so you might want to think about not doing this.
I doubt he will come back, given the threats etc this becomes a premeditated assault which is a very serious offence.
IMHO you are entirely in the right here. Cycling on the pavement is illegal - look at this document it outlines the policy and penalties (yes, you can get a ticket for cycling on the pavement!) www.livingstreets.org.uk/download/22-pb009-pavement-cycling.pdf
Its also in the highway code: www.highwaycode.gov.uk/03.shtml
Also, given he was illegally on the pavement I believe it means you had right of way on the road - so in theory HE hit YOU so he is responsible - but I'm not a lawyer, if you can afford it you should maybe get an hour with a lawyer who can gather the appropriate evidence/witness statements himself for the defence in this kind of case, they may also suggest you can sue the other guy for the damage to vehicle and stress caused etc...but this may only aggravate the situation, so you might want to think about not doing this.
I doubt he will come back, given the threats etc this becomes a premeditated assault which is a very serious offence.
gixxer1000 said:
My partner was in total shock and was seriously hyperventilating and feared for the baby so we had an ambulance attend to check her out. I have bruising on my face and side and am feeling pretty sore in general.
Your partner has been assaulted as well. An assault is not just a physical act. You should get her to make a complaint of common assault to back up your complaint of ABH (if that is what the Police are intending to arrest him for).
For your information, you have suffered an assault and Battery as that is what the physical act of hitting you is in law.
Shock is an injury! This must be reported to the Police to be attached to the accident report should something happen to your partner or the unborn child as a result of the accident. This is an injury accident on your behalf as well as the cyclist.
Gixxer1000 said:
The police say he may be charged with assault, criminal damage, and possibly something in connection with the attempted vehicle theft. He may also have some sort of bail condition stating that he cannot come near us given the seriousness of the threats of returning (which were also witnessed) but that's as far as that can be taken as this is the first time he has threatened us, I am told.
This is an act of Harassment and is covered by the Harassment Act 2000. If he contacts you at all other than to obtain the rightfull information he is entitled to, he will commit an arrestable offence as this will be his second act of "knows or ought to know pursues a course of conduct which amounts to harassment of another"
If he has issued serious threats to you, then the officers dealing with it will get the custody Sgt to put conditions on his bail. If he breaches his bail he commits an offence for which he will be arrested.
gixxer1000 said:
Thankfully I have 4 independent witnesses, as well as ourselves, who have agreed to provide statements. This will undoubtedly end up in court, and I am guessing he (or his defense) will look for compensation from me for knocking him off the bike in the first place.
I expect they may well go for you through a civil action and insurance to compensate his injuries if you are found to be at fault. You need to let your insurance company know immediately of the circumstances (goes without saying really
) You should explore avenues through your insurance as to whether you can do the same against him for damage to your car and the injury to yourself and your partner (her shock)
If he is found guilty at court, the court may well award an amount of compensation to you from the cyclist for the injuries he inflicted (including your partners shock!)
You should ask about the CICA (criminal injuries compensation authority) and ask for a claims form.
gixxer1000 said:
Some questions:
* does he have a case?
Without looking at the physical layout of the location of the collision and reading the associated witness statements, it is difficult to say but on what you have posted, I would say not!
Gixxer1000 said:
* is cycling on the pavement actually illegal?
In most places it is. There are often footpaths now that indicate that they are suitable for cylce use. This will be displayed periodically on a blue sign along the route. You need to check and see if this is an authorised cycle route.
Gixxer1000 said:
* despite him being witnessed by several people assaulting me and causing criminal damage to my car, could I actually end up as the bad guy here?
From what you have posted, I very much doubt it.
Gixxer1000 said:
The whole ordeal was incredibly harrowing, and we are now fearful he'll come back with some mates to seek revenge.
Any thoughts would be welcomed.
Thanks,
Gixxer.
Unfortunately, he is entitled to your name and address as an injured party in a RTA. There is nothing you can do to stop this save and injunction through a court as it is law and you are obliged to give them to him along with insurance details.
You can ask the Police not to give these details to him but to provide the name and address of your solicitor. That is acceptable in law and will preclude him having your actual address. I think this is paramount in these circumstances!!! Do not delay in contacting the Accident reporting Admin of Justice dept tomorrow as early as possible to tell them this.
YOU MUST ATTEMPT TO STOP HIM KNOWING OF YOUR SPECIFIC ADDRESS
When you are contacted again by, or you wish to contact the officer dealing with this. You need to make these concerns utmost in his mind and ask him/her how they can allay your fears of reprisals.
Does he have a case?
His brief may try O'Connel v Fraser (1963) when the High Court reluctantly upheld the conviction of a motorist for careless driving who edged from a park onto a road when his view of it was obstructed (by parked vehicles). But from what you say I do not see any success along this route as:
His cyling illegal.
As outlined offences under Highways Act providing as stated LA have not made an Order under Section 3 Cycle Tracks Act 1984 designating foot path a cycle lane. This should be obvious by signs and markings.
Assault.
He could enter a counter complaint of assault against you and providing you used no more force than necessary under the circumstances to protect yourself then that to is bound to fail.
The matter is in the hands of the Police who from statements taken and enquiries made will formulate the appropriate charges. If, as a result of what the cyclist states to the police, the police start making allegations against yourself then consider consulting a Solicitor.
If any threat is made against you following this incident then note all details and report the matter to the Police immediately.
Try and not worry yourself unduly for from what you say it would appear the Gods are on your side.
Finally, your Insurance Company should be notified of the accident.
DVD
His brief may try O'Connel v Fraser (1963) when the High Court reluctantly upheld the conviction of a motorist for careless driving who edged from a park onto a road when his view of it was obstructed (by parked vehicles). But from what you say I do not see any success along this route as:
His cyling illegal.
As outlined offences under Highways Act providing as stated LA have not made an Order under Section 3 Cycle Tracks Act 1984 designating foot path a cycle lane. This should be obvious by signs and markings.
Assault.
He could enter a counter complaint of assault against you and providing you used no more force than necessary under the circumstances to protect yourself then that to is bound to fail.
The matter is in the hands of the Police who from statements taken and enquiries made will formulate the appropriate charges. If, as a result of what the cyclist states to the police, the police start making allegations against yourself then consider consulting a Solicitor.
If any threat is made against you following this incident then note all details and report the matter to the Police immediately.
Try and not worry yourself unduly for from what you say it would appear the Gods are on your side.
Finally, your Insurance Company should be notified of the accident.
DVD
gone said:
...Do not delay in contacting the Accident reporting Admin of Justice dept tomorrow as early as possible to tell them this.
YOU MUST ATTEMPT TO STOP HIM KNOWING OF YOUR SPECIFIC ADDRESS
Gone, thanks for the detailed response. Very much appreciated. What/where is "the Accident reporting Admin of Justice dept"?
Thanks to all other respondent too. Very helpful. We're off down the station in an hour to give statements.
Gixxer
gixxer1000 said:
...Do not delay in contacting the Accident reporting Admin of Justice dept tomorrow as early as possible to tell them this.
YOU MUST ATTEMPT TO STOP HIM KNOWING OF YOUR SPECIFIC ADDRESS
Gone, thanks for the detailed response. Very much appreciated. What/where is "the Accident reporting Admin of Justice dept"?
Thanks to all other respondent too. Very helpful. We're off down the station in an hour to give statements.
Gixxer
It will normally be at the divisional HQ of the Police area you had the accident in. This is not the Force HQ!
If you phone your local DHQ and ask for Accident reporting section, they should be able to assist you.
good job it was you car he cycled furiously into - furious cyclying is an offence I beleive.
What if your wife was walking out of the turing and he cycled furiously into her. Doesnt bear thinking about.
A lady near my office was knocked down by a cyclist on a pavement, when i got to her she was not breathing and blood everwhere from a head injury. anyway. Fractured scull and she very nearly died. cyclyst - teenage lad buggered off
It is very dangerous for cyclyst to cycle furiously on a pavement.
What if your wife was walking out of the turing and he cycled furiously into her. Doesnt bear thinking about.
A lady near my office was knocked down by a cyclist on a pavement, when i got to her she was not breathing and blood everwhere from a head injury. anyway. Fractured scull and she very nearly died. cyclyst - teenage lad buggered off
It is very dangerous for cyclyst to cycle furiously on a pavement.
An update:
we gave statements at the police station last night, which took several hours to complete. The cyclist has still not been arrested or charged, as at the time of the incident the station inspector decided that his injuries had to take precedent over the threat of return and reprisal, as well as over the actual crimes themselves. They were concerned that if they dragged him down the station to be arrested etc, and his injuries worsened, or complicated, then the police would be blamed (and perhaps sued).
Given this decision (i.e. not to arrest at the time), the case is now in the hands of another crime department and waiting to be assigned to a particular investigating officer. He/she will then conduct interviews etc and make the arrest. I've no idea how soon this will happen, so we can do nothing but live with the hope that his extreme violence and multiple threats of reprisal are not realised.
As for the potential charges, his violent attack on myself is expected to only be deemed Common Assault, as my injuries are apparently not severe enough to be Assault, Assault and Battery, or ABH. His violent threats are also not able to be considered harassment as they only happened once (albeit many times within the one incident), so it looks to me like this is adding up to him being told he's a naughty boy and to go to bed without supper!
One positive is that he has already admitted punching me (in his statement whilst in the hospital). He did not admit or deny the criminal damage to the car however - but there are 5 witnesses to it (including myself).
Gixxer.
we gave statements at the police station last night, which took several hours to complete. The cyclist has still not been arrested or charged, as at the time of the incident the station inspector decided that his injuries had to take precedent over the threat of return and reprisal, as well as over the actual crimes themselves. They were concerned that if they dragged him down the station to be arrested etc, and his injuries worsened, or complicated, then the police would be blamed (and perhaps sued).
Given this decision (i.e. not to arrest at the time), the case is now in the hands of another crime department and waiting to be assigned to a particular investigating officer. He/she will then conduct interviews etc and make the arrest. I've no idea how soon this will happen, so we can do nothing but live with the hope that his extreme violence and multiple threats of reprisal are not realised.
As for the potential charges, his violent attack on myself is expected to only be deemed Common Assault, as my injuries are apparently not severe enough to be Assault, Assault and Battery, or ABH. His violent threats are also not able to be considered harassment as they only happened once (albeit many times within the one incident), so it looks to me like this is adding up to him being told he's a naughty boy and to go to bed without supper!
One positive is that he has already admitted punching me (in his statement whilst in the hospital). He did not admit or deny the criminal damage to the car however - but there are 5 witnesses to it (including myself).
Gixxer.
These days it doesn't seem to matter how watertight the case is theres always a reason they get away with it eg my house mate caught a burglar as it was outside the house however they couldn't prove he was in the house 
i'be heard a couple of story's of this kind of road rage and the guilty party usually gets a slap on the wrist which is why i always carry a nice bat or bar in the car
i'be heard a couple of story's of this kind of road rage and the guilty party usually gets a slap on the wrist which is why i always carry a nice bat or bar in the car
Just a thought - it may be worth taking photos, both of the scene where it happened, to show just how poor the visibility is from a car and how reckless he must have been to ride at speed to the junction.
It may also show that there is no need for him to ride on the pavement, which he shouldn't have done anyway.
Glad you've got witnesses, but photos of any bruises etc may also be worth having taken even if you never need them.
You can't beat independant witnesses in a case like this and they will certainly help the police decide upon the next step.
Its no excuse but it could just be an adrenalin rush on his part and maybe, when he calms down, he'll realise just how stupid he has been.
Thank god the two of you and the little one are ok!!!
It may also show that there is no need for him to ride on the pavement, which he shouldn't have done anyway.
Glad you've got witnesses, but photos of any bruises etc may also be worth having taken even if you never need them.
You can't beat independant witnesses in a case like this and they will certainly help the police decide upon the next step.
Its no excuse but it could just be an adrenalin rush on his part and maybe, when he calms down, he'll realise just how stupid he has been.
Thank god the two of you and the little one are ok!!!
Christ! Sounds like a bad one does this.
Most of it has been covered, just hope it all gets sorted. If he comes back to your house dial 999 and ask for immediate response, in fear of your life etc (use your land line if you can).
Remember you can use reasonable and necessary force to deal with this individual if he attacks you, just make sure you have several witnesses who see your actions.
What ever you do make sure you proceed with the charges - clowns like this need to be kept off the streets.
Out of interest where in the UK did this happen?
Good luck!
Most of it has been covered, just hope it all gets sorted. If he comes back to your house dial 999 and ask for immediate response, in fear of your life etc (use your land line if you can).
Remember you can use reasonable and necessary force to deal with this individual if he attacks you, just make sure you have several witnesses who see your actions.
What ever you do make sure you proceed with the charges - clowns like this need to be kept off the streets.
Out of interest where in the UK did this happen?
Good luck!
Thanks for the kind wishes folks.
We're making some progress as it's now in the hands of CID and we've been assigned an investigating officer. He now needs to gather statements and conduct interviews to have all the facts before making the arrest.
Can't come soon enough for my liking.
Gixxer.
We're making some progress as it's now in the hands of CID and we've been assigned an investigating officer. He now needs to gather statements and conduct interviews to have all the facts before making the arrest.
Can't come soon enough for my liking.
Gixxer.
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