Injured in motorcycle accident. police dont seem to Care.
Discussion
In september I was injured in a motorcycle accident. A woman pulled directly into my path from a parking spot where she was parked on the opposite side of the road,and her view of the road was compromised by the worlds largest sat nav. My legs were significantly injured but not broken,in fact I was very lucky to not be a lot worse off.
Police attended.The officer talking to me said he can see its clear cut,and she'll probably get driving without due care.
Her car was repaired within two weeks,and her life carried on as if nothing happened. I had the usual battle with the insurers over the value of my bike,and the hire vehicle was withdrawn long before final settlement of the amount for my bike. I am self employed and lost income while healing. I am still healing.
All the follwing pictures (and piccs of my injurys,which I have spared you guys)were submitted in my statement. There was an independent witness,who is too lazy to fill out a witness form.
I have now recieved a letter saying the police will not be taking the matter any further,having carefully reviewed the evidence. I called and asked why it wont go any further,and aparrently its because the witness hasnt returned a statement. I am dismayed. Do the pictures not tell a perfectly clear enough story to prosecute ? Do the attending officers opinions count for nothing,If indeed they are even consulted.
I guess I'll have to sue her as a civil matter,but without fault being conclusively decided by police,where do I stand? There is an injury lawer allready appointed.
I really feel the people 'asessing' the evidence just didnt give a monkeys,and I suspect didnt look at the evidence,and can I take this further as well?
Police attended.The officer talking to me said he can see its clear cut,and she'll probably get driving without due care.
Her car was repaired within two weeks,and her life carried on as if nothing happened. I had the usual battle with the insurers over the value of my bike,and the hire vehicle was withdrawn long before final settlement of the amount for my bike. I am self employed and lost income while healing. I am still healing.
All the follwing pictures (and piccs of my injurys,which I have spared you guys)were submitted in my statement. There was an independent witness,who is too lazy to fill out a witness form.
I have now recieved a letter saying the police will not be taking the matter any further,having carefully reviewed the evidence. I called and asked why it wont go any further,and aparrently its because the witness hasnt returned a statement. I am dismayed. Do the pictures not tell a perfectly clear enough story to prosecute ? Do the attending officers opinions count for nothing,If indeed they are even consulted.
I guess I'll have to sue her as a civil matter,but without fault being conclusively decided by police,where do I stand? There is an injury lawer allready appointed.
I really feel the people 'asessing' the evidence just didnt give a monkeys,and I suspect didnt look at the evidence,and can I take this further as well?
Edited by fred bloggs on Friday 13th January 20:02
I was knocked off my bike (pedal not motor) nearly 7 years ago by a driver that admitted to the police on the scence he was reading a map on his lap and not looking where he was going.
I spent nearly a year making multiple complaints to the police as they didn't charge him. It ate me up with frustration and anger and didn't achieve anything.
I totally understand how you feel but my advice would be to let it go.
I hope you continue to heal and get better soon.
David.
I spent nearly a year making multiple complaints to the police as they didn't charge him. It ate me up with frustration and anger and didn't achieve anything.
I totally understand how you feel but my advice would be to let it go.
I hope you continue to heal and get better soon.
David.
Stop whining.
Liability's clear cut, you'll get your cash payout soon enough, given you wern't injured enough for it to be a particularly complex case.
It's a civil matter - why should the police be especially interested, when you're needs will be adequately served by her insurance in due course. Fault's straight forward, you won't be out of pocket, and she probably feels s
t enough about it anyway without you leaping up and down demanding jail.
Most of us bikers have been punted off at some point. In a car it would have been a denting wing. You know when you take the licence, you're a more vulnerable user, and presuably accept the risks. Now man up, grow a pair, cash the cheque, and stop whinging.
Seriously.
Liability's clear cut, you'll get your cash payout soon enough, given you wern't injured enough for it to be a particularly complex case.
It's a civil matter - why should the police be especially interested, when you're needs will be adequately served by her insurance in due course. Fault's straight forward, you won't be out of pocket, and she probably feels s
t enough about it anyway without you leaping up and down demanding jail. Most of us bikers have been punted off at some point. In a car it would have been a denting wing. You know when you take the licence, you're a more vulnerable user, and presuably accept the risks. Now man up, grow a pair, cash the cheque, and stop whinging.
Seriously.
fred bloggs said:
I guess I'll have to sue her as a civil matter,but without fault being conclusively decided by police,where do I stand?
Firstly, best of luck with your ongoing recovery. As you're bringing a civil claim, keep hold of all documentary evidence of your financial losses. Keep the photos of your injuries and, if still visible, take up to date photos periodically. Keep a note of any help and support you require and break it down between tasks you require help with, if relevant. In answer to your question above, there are different burdens to overcome: police is beyond reasonable doubt; civil is on a balance of probabilities, ie more likely than not. A high number of civil actions will succeed where police action hasn't been brought.
As for the police, I believe they have six months from the offence to bring action, otherwise they are precluded. You can request they look at it again, but I think they would generally only do so if there was new evidence, such as the witness coming forward. If you have the details for the witness, you could see if they may be willing to do so (police letters may have not been received etc.).
Sorry, typing this in a rush, but I hope it is of some help.
Well the accident happened in the next street to where I work.
We know many of the residents and they know of her and it appears she's not liked by many of them.
I may be able to get the phone number of the witness and ask him to spare the 10 minutes to fill the form.
It's the usual problem of people not wanting to get involved.
We know many of the residents and they know of her and it appears she's not liked by many of them.
I may be able to get the phone number of the witness and ask him to spare the 10 minutes to fill the form.
It's the usual problem of people not wanting to get involved.
Jujuuk68 said:
Stop whining.
Liability's clear cut, you'll get your cash payout soon enough, given you wern't injured enough for it to be a particularly complex case.
It's a civil matter - why should the police be especially interested, when you're needs will be adequately served by her insurance in due course. Fault's straight forward, you won't be out of pocket, and she probably feels st enough about it anyway without you leaping up and down demanding jail.
Most of us bikers have been punted off at some point. In a car it would have been a denting wing. You know when you take the licence, you're a more vulnerable user, and presuably accept the risks. Now man up, grow a pair, cash the cheque, and stop whinging.
Seriously.
That makes it ok then does it? Dont suppose you have 'Think bike' stickers plastered everywhereLiability's clear cut, you'll get your cash payout soon enough, given you wern't injured enough for it to be a particularly complex case.
It's a civil matter - why should the police be especially interested, when you're needs will be adequately served by her insurance in due course. Fault's straight forward, you won't be out of pocket, and she probably feels s
t enough about it anyway without you leaping up and down demanding jail. Most of us bikers have been punted off at some point. In a car it would have been a denting wing. You know when you take the licence, you're a more vulnerable user, and presuably accept the risks. Now man up, grow a pair, cash the cheque, and stop whinging.
Seriously.
It's perverse that you can get points for going too fast in a perfectly safe conditions for hypothetically putting others at risk yet if you actually injure someone else by inept driving then you get away it.
It seems now that if you don't have video footage of the incident then the police won't do a thing unless your maimed or killed
It seems now that if you don't have video footage of the incident then the police won't do a thing unless your maimed or killed
fred bloggs said:
Well the accident happened in the next street to where I work.
We know many of the residents and they know of her and it appears she's not liked by many of them.
I may be able to get the phone number of the witness and ask him to spare the 10 minutes to fill the form.
It's the usual problem of people not wanting to get involved.
We know many of the residents and they know of her and it appears she's not liked by many of them.
I may be able to get the phone number of the witness and ask him to spare the 10 minutes to fill the form.
It's the usual problem of people not wanting to get involved.
fred bloggs said:
I'll tell you that when your lying on the floor with smashed legs, then can't walk for a long period.
Thanks for your kind words.
I hope you never get mowed down,knocked off or run over by someone.
I'm still not sure about what you're after. Both of the above seem to be after retribution more than justice, but then you reference your compensation levels without a police conviction. Those two are pretty well disconnected btw. Thanks for your kind words.
I hope you never get mowed down,knocked off or run over by someone.
As for what she did, she made a mistake, a painful and unfortunate mistake, but a mistake all the same. She did nothing wrong by being parked on the side of the road that she was in broad daylight. Whether she's liked by her neighbours doesn't matter to her driving ability.
You're in a highly charged emotional state at the moment and getting yourself more worked up will not help you resolve this. Take a step back and think about this in the cold light of day, which I admit is very hard to do.
Whether the police charge her and / or whether she is convicted doesn't make one bit of difference to your claim.
From what I understand there are three things at stake here.
First, is the financial loss of the OP. Yes that looks like it will be covered
Second, there is the emotional price the OP has paid. This does not really have a monetary value as it's about justice and not about financial compensation.
Justice needs to be seen to be done and often in the present world justice is not seen to be done. Hence most of the posts off this forum.
Third, is the ability of the driver in question that pulled out into the path of the OP. What sanction should there be applied to the offending driver.
From what I've seen and read it would seem that a charge of driving without due care and attention is justified. Yes there is the financial compensation to the OP, but more than that, an individual needs to be more than financially accountable for their behaviour.
If we accept that through either negligence or lack of care is a matter only of financial recompense then we give license for all manner of behaviours to the detriment of society as a whole.
I don't want this.
Lecture over…
First, is the financial loss of the OP. Yes that looks like it will be covered
Second, there is the emotional price the OP has paid. This does not really have a monetary value as it's about justice and not about financial compensation.
Justice needs to be seen to be done and often in the present world justice is not seen to be done. Hence most of the posts off this forum.
Third, is the ability of the driver in question that pulled out into the path of the OP. What sanction should there be applied to the offending driver.
From what I've seen and read it would seem that a charge of driving without due care and attention is justified. Yes there is the financial compensation to the OP, but more than that, an individual needs to be more than financially accountable for their behaviour.
If we accept that through either negligence or lack of care is a matter only of financial recompense then we give license for all manner of behaviours to the detriment of society as a whole.
I don't want this.
Lecture over…
Gavia said:
fred bloggs said:
Well the accident happened in the next street to where I work.
We know many of the residents and they know of her and it appears she's not liked by many of them.
I may be able to get the phone number of the witness and ask him to spare the 10 minutes to fill the form.
It's the usual problem of people not wanting to get involved.
We know many of the residents and they know of her and it appears she's not liked by many of them.
I may be able to get the phone number of the witness and ask him to spare the 10 minutes to fill the form.
It's the usual problem of people not wanting to get involved.
fred bloggs said:
I'll tell you that when your lying on the floor with smashed legs, then can't walk for a long period.
Thanks for your kind words.
I hope you never get mowed down,knocked off or run over by someone.
I'm still not sure about what you're after. Both of the above seem to be after retribution more than justice, but then you reference your compensation levels without a police conviction. Those two are pretty well disconnected btw. Thanks for your kind words.
I hope you never get mowed down,knocked off or run over by someone.
As for what she did, she made a mistake, a painful and unfortunate mistake, but a mistake all the same. She did nothing wrong by being parked on the side of the road that she was in broad daylight. Whether she's liked by her neighbours doesn't matter to her driving ability.
You're in a highly charged emotional state at the moment and getting yourself more worked up will not help you resolve this. Take a step back and think about this in the cold light of day, which I admit is very hard to do.
Whether the police charge her and / or whether she is convicted doesn't make one bit of difference to your claim.
fred bloggs said:
I'll tell you that when your lying on the floor with smashed legs, then can't walk for a long period.
Thanks for your kind words.
I hope you never get mowed down,knocked off or run over by someone.
sThanks for your kind words.
I hope you never get mowed down,knocked off or run over by someone.
t happens Fred.I fell downstairs at home at the start of October and had a brain haemmorrhage. Docs thought I was either going to die or have brain damage, fractured skull, I really was in a state. Luckily I'm fine, but it's taken 3 long months. I'm still not back at work, but I am okay now, which is the main thing.
I think you need to get over it.
I totally agree that not everyone who makes a mistake should be prosecuted, but with a big part of the vision through the screen obscured right where its most needed, and then making the mistake of not looking properly, i think that something should be done.
Perhaps it might stop it happening in the future with potentially a far worse outcome.
As mentioned before, speeding is vigorously enforced in some places where it does not matter whether you were to speed or not, but things like this are not followed through. If there were ever a need for an awareness course and some training to not be an idiot this could be it.
A long time ago I had a vehicle pull out of a junction whilst i was riding a motorbike and he said he didnt see me. He phoned me up a week or 2 later after i was out of hospital etc and apologised and explained he didnt see me and i completely believe him. Its one of those things that happens, however obscuring your vision on purpose and then doing it, to me at least, shows that they dont take driving as seriously as they should.
Perhaps it might stop it happening in the future with potentially a far worse outcome.
As mentioned before, speeding is vigorously enforced in some places where it does not matter whether you were to speed or not, but things like this are not followed through. If there were ever a need for an awareness course and some training to not be an idiot this could be it.
A long time ago I had a vehicle pull out of a junction whilst i was riding a motorbike and he said he didnt see me. He phoned me up a week or 2 later after i was out of hospital etc and apologised and explained he didnt see me and i completely believe him. Its one of those things that happens, however obscuring your vision on purpose and then doing it, to me at least, shows that they dont take driving as seriously as they should.
MarshPhantom said:
st happens Fred.
I fell downstairs at home at the start of October and had a brain haemmorrhage. Docs thought I was either going to die or have brain damage, fractured skull, I really was in a state. Luckily I'm fine, but it's taken 3 long months. I'm still not back at work, but I am okay now, which is the main thing.
I think you need to get over it.
Glad to hear you're ok after such an injury.t happens Fred.I fell downstairs at home at the start of October and had a brain haemmorrhage. Docs thought I was either going to die or have brain damage, fractured skull, I really was in a state. Luckily I'm fine, but it's taken 3 long months. I'm still not back at work, but I am okay now, which is the main thing.
I think you need to get over it.
Not really comparable to the OP's situation though is it?
If someone else's negligence had been the cause of your fall and you were told no action would be taken against them, you might think differently.
fred bloggs said:
There was an independent witness,who is too lazy to fill out a witness form.
That's why they don't seem to care. Because there's really not much chance of any kind of conviction if she argues it. She could easily say that she started to pull out, saw you coming, stopped, but you still hit her despite having plenty of room to go past.Go with insurance, get on with your life. give more room to parked cars - and watch for the clues they're about to pull out.
TooMany2cvs said:
That's why they don't seem to care. Because there's really not much chance of any kind of conviction if she argues it. She could easily say that she started to pull out, saw you coming, stopped, but you still hit her despite having plenty of room to go past.
Go with insurance, get on with your life. give more room to parked cars - and watch for the clues they're about to pull out.
Thanks for the advise, Ive been a london rider for over 20 years, never been knocked off before, but had plenty of near misses with similar things. but she pulled directly into my path, and so quickly I had no hope. Not even time to touch the brake lever, let alone swerve. Go with insurance, get on with your life. give more room to parked cars - and watch for the clues they're about to pull out.
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