I got deliberatly knocked off my bike yesterday!!

[woo]

Well heres the story ive forwarded to my insurers due to help from someone on this forum that i am utterly grateful for, if i could remember his name id post it and when my money comes through send him & his family a gift through the post.

Well here goes its quite long:

Accident 21/06/2006, Around 6.30pm

I was riding my motorcycle up Camden road which has a bus lane on the left, a lane for straight flowing traffic to the right of the bus lane, a lane for traffic turning right into a T junction to the right of the lane for straight flowing traffic.

There was traffic which resulted in my speed being between 20-25 miles per hour.
I was in the middle of the lane for straight flowing traffic, with a bus lane on my left and the lane for turning right on my right.
Now as I was proceeding up the lane for straight flowing traffic there was a silver Mercedes car belonging to Mr x in the lane to the right of me, which is the lane for traffic turning right at the T junction a couple of metres up the road, now Mr x was slightly in front of me in the other lane and began to veer towards me in the lane for straight flowing traffic which became a cause for concern to me.
I sounded my horn to alert Mr x of my presence, but Mr x continued to veer into the lane I was in causing a serious danger to myself.
I sounded my horn a second time and Mr x looked at me and swerved his car directly into me causing me and the motorcycle to fall to the ground.

I feel it may make matters clearer by reference to the Highway Code.
I shall compare my road position to that of Mr x.
You will see it is abundantly clear that I was doing nothing wrong and that Mr x is entirely to blame.

Rule 69: Daylight riding. Make yourself as visible as possible from the side as well as the front and rear. You could wear a white or brightly coloured helmet. Wear fluorescent clothing or strips. Dipped headlights, even in good daylight, may also make you more conspicuous.

I had complied with rule 69 by using dipped headlights. I always ride with dipped headlights as it is considered good practice and safer to do so.


Mr X Circumstances

I now turn to Mr x driving manoeuvre.

This is governed by rule 135 of the General Rules for Using the Road. This is reproduced below:

135: Before moving off you should use all mirrors to check the road is clear look round to check the blind spots (the areas you are unable to see in the mirrors) signal if necessary before moving out look round for a final check.

Move off only when it is safe to do so.



Check the blind spot before moving off

It is quite clear that Mr x failed to undertake all, or more likely any, of the requirements given that my body was level with his drivers door in the other lane when he made the manoeuvre.

Turning

This is governed by rule 155 of the Road Junction section for Using the Road. This is reproduced below:

155: Look well before you turn you should:
use your mirrors to make sure you know the position and movement of traffic behind you give a turn signal, take up a position on the road or in the space marked for traffic turning leave room for other vehicles to pass on the left, if possible.

Again, however, the emphasis of the first two requirements is on observation and signalling. As set out above, Mr x failed these on both counts.

Accordingly, the only verdict which can be reached from the above analysis of Mr x manoeuvre is that it was undertaken without sufficient care and attention to me and other road users.

I took all reasonable care riding up Camden road.
No mirror checks were carried out by Mr x otherwise he would have seen me.

The issue here is he pulled out into me firstly without mirror checks or signals whilst I was level with him by the drivers door when I was in the lane for straight flowing traffic when Mr x was in the lane for traffic turning right then saw me after I alerted him of my presence and still hit me.
Not only is this driving without due care and attention, how Mr x could find it in himself to see me and still deliberately knock me off, is that he was not concentrating or did not care about what was going on around him just getting into the lane for straight flowing traffic was his only concern.
As shown above, I have followed the road rules clearly and exactly and am in no way responsible for this accident.
If Mr x had made all the checks required as shown above or been paying attention he would have been aware of my presence and not moved until I had passed, in which case this accident would not have occurred.

Yours Sincerely
____________________
Elen sila lummen omentielvo!

[veeeffarr]

And now watch the case get thrown out because you've posted personal information of the other person (His name) on the forum...

[Barry_M2]

[G]

I believe it has been shown that dipped head lights in the daytime can make it harder to judge how far away a bike is.

Barry; to be fair, it says looked at him, not in his mirror at him.

[woo]

so long as the highway code recommends that dipped head lights should be used in the day time, it is able to enforce that point if this ends up in court.
____________________
Elen sila lummen omentielvo!

[G]

I believe TC (who used to post on her and was a legal expert in such matters) had seen it been used against people in court.

[dainesefreak]

Do you have any witnesses?

[woo]

yes one witness he has none as i only have the witnesses details
____________________
Elen sila lummen omentielvo!

[Misc]

Bad luck mate. You ok? Hows the bike?

[dainesefreak]

Good stuff. You do not need to divulge any details of your witness to him either.

[Itchy]

you meantion Camdem , which is London , which is covered by Blanket CCTV , get your solicitor to make a demand for the tapes from the CCTV controlling body the Freedom of info act ought to be useful.

You might also get CCTV from shop CCTV cameras ,


thing is he can't have his cake and eat it ,

ie he can't say he didn't see you, while at the same time say you were in the wrong lane/ speeding etc.

And if he did see you by saying you were speeding , it means he saw you but decided to pull out anyway ---> intent = more problems for him.


Unfortunately for you , money = power , him driving a merc = him more money than you, , even if its proven impossible for you to have hit him you may be judged at fault due to money weighing justice in HIS favour.

Its why rich people can and do get away with murder (I asked my hired goons to beat him up I didn't say kill him , I just said beat him up is a famous and legit defence which worked)

A short story from an old source.

This bloke was on a 636 ninja , on a narrow road which was double parked, it started to rain , so he pulled into a vacant space by the side of the road and put on his rain gear, putting them on , he heard an awful crash , turned back and saw his 636 smashed up and an irrate BMW driver.

looked clear cut BMW man hit the bike the bmw apparently hit his bike using the space to pass.

the BMW man denied it totally and said his 636 had fallen out into the road infront of his BMW,

think about that for a moment

bike stands are on the left , we drive/ride on the left so the bike even if it did fall off the side stand would have fallen left onto the kerb not right into the road, an engineer made a sworn statement to this fact.

Also the fact that the bike was thrown onto the kerb and not into the road or under a car aswould be expected if a bike fell infront of a car.

And physics generally dictates it too , but money weighed in favour of bmw man and the biker man was judged to be at fault.
____________________
Spain 2008France 2007Big one 2009 We all die. The goal isn't to live forever, the goal is to create something that will. In the end, your life will flash before your eyes. Make sure it is worth watching.

[DEN MONKEY]

I know here in Australia that when the 2 lanes merge it is who ever is in front that has the right of way. Even if they are side by side and one car is nothing but a snatch hair in front he still has right of way.
Seems odd if it's the car that is merging but thats the rule here.
Not sure if this is similar to you or not.
Sinc eyou said you were level with him, Im guessin you mean by his drivers door which means his vehilce was technically in front of yours. That said he would have right of way.

Again thats how it works here anyway.

Curious as to what the witness' opinion on the accident was.
Where were they when it happend etc?

Hope it all works out for ya champ ..chin up
____________________
meh

[EuropeanNC30R...]

[G]

My bad, I thought he had said it had been.
A while since he posted on here though.

[dainesefreak]

IIRC he'd had enough of the children and some people points of view/ideas.

[G]

[dainesefreak]

Shame, I met him over on the MCN forums a while ago and I thought it was worse over there. Although thinking about it, I don't think too much was aimed at him personally.

Be interested to hear what he's up to if he does look in though.

[woo]

ive done my producer at the police station and have passed all the details to my insurance company but i using a company called RSS Riders Support Services to deal with the claim anyone familiar with them?

Witness is totally in my favour & was sick at what he saw happen.
____________________
Elen sila lummen omentielvo!

[swanny]

dont you ever realise anything !!
hes ina german car.. he can do whatever he likes !!

or so they all think

least your ok fella i know people who have come off really bad from such collisions.. the guy will have more than likley seen you adn knowing your ona lighter bike that you would have to slow down.. lets face it your not going to do him any damage..

i do roughly 20000 miles a year and you wouldnt belive how many things like this you see.. you kindof learn to tell when somebodys going to do it and drive to accomodate idiots..., its the only way you can drive now
____________________
M SWANNY.. see a sig !

[ZZR Girl]

I hope it all gets sorted soon and in your favour.

If you were alongside him (he was on your right) surely he would have seen you through his passenger side window without needing mirrors?

A silver Merc, you say? Enough said. Did it have a personalised registration plate too?
____________________
Keep it shiny!

[Finglonga]

[Groove]

I read the title as you wanted to get knocked off

Nothing more you could have really done
____________________
|| Past: 1991 Kawasaki ZXR 250 ~ 2003 Honda CBR 600 F Sport ~ 2004 Kawasaki ZX6R B1H 636 ~ 1999 Yamaha R1 ~ 1999 Kawasaki ZX6R J ~ 2004 Kawasaki ZX6R B1H 636 ~ 1998 Honda VTR1000F Firestorm ~ K1 GSXR 600 Track bike ~ K6 GSXR 1000 ~ 2006 Speed Triple 1050 || Current: 2005 R1 https://www.adrucore.co.uk

[colin1]

i have to agree with finglonga, if someone is trying to barge in and you hold your ground, you run the risk of something like this happening.

He is in the wrong, but you could have avoided it by letting him in. You shouldnt have to tho and i hope you get a nice big payout.
____________________
colin1 is officially faster than god

[2stroker]

What a fucking tosser he is.I hope you get this all sorted out dude,good luck.
____________________
https://img.photobucket.com/albums/v378/LurchyBabey/andymatecopy.jpg

[torpedo]

Going to be a very interesting case, and as said a possible 50/50, even though his maneouver was the cause of the accident.

Problem is if a vechile is passing you should allow it to pass... thats in the highway code as well in some form, i remember reading up on it once after someone tried to run me off the road.

However you are also supposed to give way to those on the left in merging lanes... this might be useable to your advantage also... but read up the correct terms for it, i can never remember them

The facts of the law are with you on this one, but the law itself... another story.
____________________
GS 500 E ...... and i like it