Hit a pedestrian

[jaguar65uk]

My first major spill infact, came off a couple of months back in the wet at about 10mph due to over-zealous braking but this is a bit more serious;

Nipped out the the shop about 10pm last night on my scoot, full gear, lights on, turned off the cul-de-sac that I live on onto a road that has cars double parked for its entire length and is wide enough for about 1 3/4 cars as a result. It was pretty cold, but dry, and with the cars being double parked I tend not to go that quickly, which is easy enough as I ride a shitty 125 4 stroke scoot. This was the same road I'd had my 10mph spill on. Anyways, a few hundred meters ahead I see a taxi parked up in the road, facing down the road like me (leaving a gap more than wide enough for a scooter, but not for a car, in the region of 2 metres) so I trundle along as normal, kill off some speed and head through the gap.

A girl, crossed the road infront of the taxi and I am uncertain whether I hit her directly, or glanced her but either way I woke up a few minutes later, surrounded by people, lying on my back. It took a few more minutes for me to work out what had happened. The taxi had vanished and the girl was lying in the middle of the road, also surrounded by people, screaming away.
I took my lid off and set about looking for my glasses - which it turned out I had put inside my lid (I was a bit muddled). Got them on and tried to help out - gave the girl my jacket as it was freezing.

Ambulance turned up, off she goes, chipped tooth and cracked her head open when she hit the ground, no broken bones.
Police turned up, asked if I was alright - just a bit of a concussion, sore jaw and inner ear, sore neck, seeing flashing lights and a headache etc. So I give my statement, they give me a producer and tell me they'll be in touch.

Still pretty sore today, as I expected, my gear doesn't have a mark on it but the bike is mashed. Doesn't start so I had to push it uphill all the way home. Front fairing is smashed, side panels smashed etc, handlebar fairing ripped clean off.

The damage to my scoot suggests it hit her head on or slid and hit a car, not sure either way. She was hysterical but seemed alright - I asked the police to give me a ring when they know for definite.

Was very shaken up last night, not feeling so bad today. Feel pretty bad for her.
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Past: Aprilia SR 50, Aprilia RS 125
Current: Aprilia RS 125, Yamaha Teos 125

[Rookie]

Screw her, I feel bad for you. Now you're left out of pocket because the stupid bint couldn't be arsed to look before she crossed the road.

[Stiffler]

Dude sounds awful. I was unlucky enough to hit a Pedestrian (a little 8 year old kid infact) at the end of last year. Fortunately I stayed upright but I know what it feels like. Hope everything turns out ok...

Tim
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Current Bikes - Kawasaki ZX-6R (636) | BMW G650GS

[Itchy]

man whatever happened to the green cross code?

we used to be taught/brainwashed at school about this.

and also Jimmy Saville with the Clunk click click seat belt thing ,

with NL Brain washing techniques , it should be easy.

Edit I've had Plenty of close calls , the Horn isn't an option either (in the car esp) people tend to turn round and kick your car,

to exhonerate yourself ,

use the FoI act to get CCTV tapes ,

also get your solicitor to get her phone records , can prove HER negiligence
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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.

[RS125_Girl]

I will tell you exactly what the police will do.

They will say although she did not see you a pedestrain has right of way as in the Highway code.

Although they feel she was negligent for not looking they are intending to file a 'driving without due care and attention' prosecution UNLESS
you agree to go on an AWARENESS COURSE for 1 1/2 days at a cost of approx £175.

If you do not agree to go on the course then they will try to convict you for the offence.

The scare tactics of, if you are convicted its on your licence and insurance will be extremely hard to achieve or very high premium

I clipped a man near my shop 4 months ago, thats what the police did to me. Even though the man was steaming drunk and stepped out into the road. They claimed its my resposibilty to be aware of hazzards and accomadate for them.

BUT.... I told them NO to the course and would see them in court with my defence. 2 Months later a letter came from the police saying in light of the situation they will not be persuing it any further.

The big but is whether you feel that risking the conviction for £175

Thats if they do indeed try to prosecute.

ALSO as a major fcuk up the arse, see can also sue you directly for her injurys.

[Itchy]

you go girl ! ,

its almost like in the US , the cops want you to go on the course as its the easiest , option for them, I'd say fight it and make them work for their money.

state provided lawyers always tell people to plea guilty cus its the easiest course for them.
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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.

[john2]

Thats my worst fear, to hit a pedestrian, i feel for you man.

[Simple]

I alsmost hit a biddy once, she decided to cross as the lights changed on a 5 lane roundabout... I missed her, just aswell really as I'd been filtering and nipped out the front of the que about 30mph. would have killed her, as it was I hit her shopping bags.

I didn't stop as she was standing, there were lots of cars, I went to police station and siad about it later, left me details.


Feel for you, really shook me up just hitting a shopping bag attached to a human...
Glad you're not hurt.. bollocks to her mayb a good hit to the head will give her soem commong sense, harsh but /shrug/ some people are so.. 'nanny stated' - don't look out for them selves and dream..

Hope the scoot is sortable

Simple
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Insta - FemFeral

[jaguar65uk]

Ah the scoot is fucked, my head and neck are pretty sore today - going to go get checked out to see what the damage is I think.

I'm not entirely au fait with the highway code, surely the pedestrian does NOT have right of way, especially when crossing infront of a vehicle in the road?

At this point do I call my insurance company or not - the bike is a write off but I've seen plenty on ebay as "damage not recorded". It was only insured for 500 quid, so I'm on TPO.
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Past: Aprilia SR 50, Aprilia RS 125
Current: Aprilia RS 125, Yamaha Teos 125

[colin1]

[angryjonny]

A pedestrian has right-of-way whilst crossing a side road into which you want to turn.

A pedestrian does not have right-of-way whilst staggering drunkenly across the westbound carriageway of the M4.

In between these is a bit of a legal grey-area.

[jaguar65uk]

Just spoke to my dad, told me to call my insurer and to go get my head checked.

Carole Nash were very helpful, my policy gives free legal advice so I'll be getting a letter through on Monday regarding what I can do. They took my statement, some details etc and said they'd dispatch everything we'd discussed, could I sign and return it. Then offered me the option of suing the girl for my injuries and damage to my bike - seems a little odd but the guy I spoke to was quite adamant that I should, told him I'd have to consider but it was at that point he offered the legal advice.

Going to go get checked out to see what state my head is in anyways.
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Past: Aprilia SR 50, Aprilia RS 125
Current: Aprilia RS 125, Yamaha Teos 125

[jaguar65uk]

Doc said my head is fine, but did not rule out more serious injury - said it will hurt more tomorrow spoke to my Dad again - he said just to use my option of suing her if she sues me.
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Past: Aprilia SR 50, Aprilia RS 125
Current: Aprilia RS 125, Yamaha Teos 125

[.....]

It sounds harsh but I would sue her without a thought. She made a mistake and will have to accept the responsibility for her actions. You are injured and your bike damaged as a result of her actions and you should be compensated as such.

[RS125_Girl]

Oh definitely, and if the police dont do anything i would sue her for your motorcycle damage.

Your insurance, if you have free legal will do this for you.

Your spot on with the highway code issue, it does state that a pedestrian has right of way if crossing a side road.

I mentioned that to the cops, they said theres a difference between PRIORITY and RIGHT OF WAY. Because a car has priority doesnt mean it has right of way. If someone crosses the road, or trips or is pissed doesnt mean you have the right to run them over because you have priority use. That was the coppers warning to me.

The above is clearly bollox but what can you say when 3 cars worth of coppers are speaking such crap at you.

I did ask them if a train driver would get prosecuted if someone was on the tracks and got hit, as they only have priority..........

They gave me a warning for that

To make matters worse, one little squirt of a copper stated looking at my bike and wrote in his notes that he believed my front caliper was defective............. After i pointed out he wasnt a recognised MOT tester and had no qualifications to make such a judgement he crossed it out and said i was abusive instead, which i clearly wasnt, if any thing i was very polite. I think he just got his arse in his hand because of all my questions



Glad you went to the docs though, and make sure if you get any worse to go back.

[matthab]

i have to agree, wen i was in primary school they drilled the fact into me to look when crossing the road etc.

She didnt look and as a result you hit her. Ive had one or two people almost do this when ive been driving but ive either stopped or hooted my horn. sounds harsh but your being left out of pocket for an accidnet you didnt cause!!!
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2005 - 2006:Peugeot jet force 50 TDSI (sold)
2006 - Present: Yamaha YBR125 06 (extras:pilot sporty tyres and screen)

[iooi]

Hope the police catch up with the taxi driver too for leaving the scene of a accident...
You never know he may have moved and bounced her into you.

Old man hit a young lass once when she just flounced straight into the road from between some cars. They just took his details said they would be in touch later, which they did to say no action was being taken as she had admitted she had not looked.... Still knocked the stuffing out of the old man for a while.
Hopefully she will say exactly what happened and clear you of blame.
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Just because my bike was A DIVVY, does not mean i am......

[Pete.]

Priority, right of way, whatever, doesn't matter a damn because the girl was NEGLIGENT for failing to check the road was clear before crossing it . As a pedestrian you have the right to assume that you can walk along the pavement without getting mown-down by a powered vehicle but if you step into the roadway without checking - I'm sorry but that's negligence.

Sue her, before she sues you.
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a.k.a 'Geri'

132.9mph off and walked away. Gear is good, gear is good, gear is very very good

[MarJay]

[Ste]

As far as sueing her, if she's got household insurance then that should cover her. If she hasn't, well, she shouldn't have walked out in front of a scooter if she doesn't want to have to pay for it to be repaired. Pretty sure if it was your fault and she was injured then she'd sue you with no hesitation, so the same goes when its the other way around.

[mistergixer]

I clipped a pedestrian with my mirror when he suddenly decided to step out in front of me without looking - the bike i was on had a fairly noisy can and i was surprised he hadn't heard me coming - i think he would have if he didn't have his stupid fucking ipod on.
The very next day, a woman decided to do exactly the same thing at exactly the same place (still paranoid from the previous day i avoided her) - this time she was too busy sending a text to look before crossing.
I've managed to cross loads of roads without getting run down, simply by looking to see if it's safe to cross or not. Not fucking rocket science, is it?
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Space Monkey #7
Don Eladio is dead. His capos are dead. You have no one left to fight for. Fill your pockets and leave in peace. Or fight me and die!
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[jaguar65uk]

my girlfriend suggested the same thing -
you were planning on selling that bike, you didn't cause the accident and now you are out of pocket, so long as you aren't hurt just sue her for damage to the bike
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Past: Aprilia SR 50, Aprilia RS 125
Current: Aprilia RS 125, Yamaha Teos 125

[lewbear]

You will have to sue her as it wasn't you fault - people don't pay any attention and we shouldn't have to suffer! A woman in a car nearly hit me as I was at a give way point as she was fiddling with her ipod as she turned the corner and came into my lane, its crazy

[beatnck]

sue her - at the end of the day if she had LOOKED before crossing the road then you wouldnt have a sore head and a written off bike

[beatnck]

sue her - at the end of the day if she had LOOKED before crossing the road then you wouldnt have a sore head and a written off bike