Cyclist - pedestrian accident, got a collision report, help

Pauliusk · L Plate Warrior Joined: 31 Jan 2020 Karma :

I was riding home on a cycling lane in London when a pedestrian stepped into the lane right in front of me. I received numerous damages (cut, concussion, hematoma, sore shoulder, damaged bike…) as well as a pedestrian (knocked unconscious, facial damages, big cuts, taken by the ambulance…), who was in late 50s, which makes their injuries more threatening, unlikely but possibly even fatal.

Police has arrived at the scene, took down my details and my version of what had happened and said they will be in touch. Around 2 weeks later, I received a Collision Report, where I am requested to respond to a questionnaire regarding the incident. "It would assist us ... if you would complete the enclosed questionnaire and return it... within seven days..." it says.

I am wary of legal issues surrounding such incidents. I have no insurance and am worried that there could be a claim made against me, or worse I could face sentence. I feel there is nothing I could have done to prevent the accident and hope pedestrian makes full recovery, but can anybody advise me how to approach this…

Do I have to respond to this report from Metropolitan Police? Does it mean a pedestrian made a claim and they are trying to get more information? Am I being prosecuted? Could this form be issued because the incident was fatal? Do I need to a solicitor to respond to this report properly, or I can do it myself? Is it safe to call 101 to ask about the incident, or it can be used against me if I say something wrong? Should I try get in contact with a pedestrian?

In general, if you have any info regarding similar situations, that would be very helpful.

arry · Super Spammer Joined: 03 Jan 2009 Karma :

What might be helpful is realising this is a MOTORcycle forum.

Pauliusk · L Plate Warrior Joined: 31 Jan 2020 Karma :

linuxyeti · World Chat Champion Joined: 06 Oct 2006 Karma :

Pauliusk · L Plate Warrior Joined: 31 Jan 2020 Karma :

arry · Super Spammer Joined: 03 Jan 2009 Karma :

Pauliusk · L Plate Warrior Joined: 31 Jan 2020 Karma :

arry · Super Spammer Joined: 03 Jan 2009 Karma :

I'd be inclined to politely decline (ignore) the police's offer of you potentially incriminating yourself and wait until they at least send you a more demanding letter.

stinkwheel · Bovine Proctologist Joined: 12 Jul 2004 Karma :

As a general rule, the police are not in the business of finding out what you didn't do.

With motor vehicles there is certain information you are legally required to give such as who was in charge of the vehicle at a specific place and time but I'm not sure if that is also the case with a bicycle. Even then, it doesn't include what you were doing, what happened and where you were going.

As a generality, if the police are politely asking me to give them information, i'll politely ignore them.

If they are agressively demanding information, I'll actively refuse.

This is, frankly, because I don't trust them. What's in it for you?

One caveat. "It may harm your defence if you fail to mention when questioned, something you later rely on in court.". In my non-expert oppinion, sending out a speculative written questionaire doesn't qualify as "questioning" under the terms of PACE. Also the preamble to that caution is "You do not have to say anything".

I'm sure theyre are cycling associations who could better advise you. In my experience cyclists can be a pretty militant bunch so someone will happily noise you up on the matter because some of them pretty much ASK to get into legal bothers the way they carry themselves on.

Also, watch this: https://youtu.be/aNJOaB9tCfY
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

Pauliusk · L Plate Warrior Joined: 31 Jan 2020 Karma :

Thanks guys, this is really helpful and helps me build a more constructive image in my head!

And that video makes sense actually!

stinkwheel · Bovine Proctologist Joined: 12 Jul 2004 Karma :

To add to the above.

If he had died, they would have wanted to question you in person under caution and if you refused, would almost certainly have arrested you (probably under suspicion of causing death by dangerous driving) then questioned you anyway.

Again, for me, in that situation I would have made them arrest me then got a solicitor before saying anything (even informally on the way to the station). Starts a clock ticking on how long they have to question you.

EDIT: Nothing stops you writing a contemperaneous report of what happened for your own records.
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

A100man · World Chat Champion Joined: 19 Aug 2013 Karma :

Sounds like there are no witnesses. IMO you can fill in the form, and if the circumstances are as you say.. You on legit cycle path they step out in your path there's no case to answer. You're just committing to paper what you already said..
Just make sure there's nothing contentious or ambiguous on there..
____________________
Now: A100, GT250A, XJ598, FZ750

Then: Fizz, RS200, KL250, XJ550, Laverda Alpina, XJ600, FZS600

arry · Super Spammer Joined: 03 Jan 2009 Karma :

Nobby the Bastard · Harley Gaydar Joined: 16 Aug 2013 Karma :

steve the grease · Crazy Courier Joined: 26 Jan 2018 Karma :

What you have to remember with the Babs is , it's all about prosecutions, arrest rates , clear up rates , statistics and targets. But ultimately prosecutions. In my observation most people, who are unaware of how the system works, simply incriminate themselves.
It's those little questions and those little answers, " yes , I suppose I might have been going a bit quickly", keep on bloody digging mate, it's your grave....
These guys are trained to wheedle it out of you, with leading questions and the old good cop / bad cop . A carefully considered responce, or saying as little as possible, is probably better than " No Comment" like we see on all these TV programs.

As for the form .....
If you were on the cycle way thats got to be good. Lights? Hi -Vis? You were tired right, so going quite slowly, in pretty much a straight line , not swerving around wildly, in a mad rush. You noticed the person and then at the last instant they just stepped out in front of you, leaving you no time to stop.

I can't see that the Police have much advantage in trying to prosecute you for cycling furiously and likewise the pedestrian would have to prove neglect to have any claim against you.

Have you been cautioned? If you haven't been cautioned then, nothing you say can be used in a court of law anyway , at present you seem to be just helping the police in their road safety crusade.

Tread cautiously and think about your responces , what are their consequences?
____________________
All the above is my personal opinion, you can see my lips move, but I'm talking out of my arse.
I've been riding, and fixing , bikes for 50 years, in that time the more I learn, the less I am absolutely sure of.....

Easy-X · Super Spammer Joined: 08 Mar 2019 Karma :

The decent thing to do is state "I was cycling on the prescribed cycle path at approximately 10mph, it was a clear day/evening with good visibility. A pedestrian stepped into my path and unfortunately I had no time to take avoiding action..."

However, a lawyer will advise you that nothing you say will help your case, only hinder it. If there is an investigation it's the police's job to determine the facts not yours.

Personally I think I'd at least book a half-hour with someone in the legal profession before committing pen to paper. Ignoring it isn't an option but not replying is, if you see what I mean.

<edit> steve pretty much beat me to it!
____________________
Royal Enfield Continental GT 535, Husqvarna Vitpilen 401, ~~Yamaha XSR700,~~ ~~Honda Rebel,~~ ~~Yamaha DT175,~~ ~~Suzuki SV650 (loan)~~ ~~Fazer 600,~~ ~~Keeway Superlight 125,~~ ~~50cc turd scooter~~

iooi · Super Spammer Joined: 14 Jan 2007 Karma :

GettinBetter · Crazy Courier Joined: 20 Jun 2019 Karma :

Irezumi · Nitrous Nuisance Joined: 07 Dec 2019 Karma :

Can't add anything more regarding what you do for the current situation.

For future however you should consider joining British cycling https://www.britishcycling.org.uk/membership

stinkwheel · Bovine Proctologist Joined: 12 Jul 2004 Karma :

I'll re-iterate. There is literally nothing to be gained from engaging with the police in this situation. They are not trying to find out what you didn't do.
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

Pete. · Super Spammer Joined: 22 Aug 2006 Karma :

I've done jury service and I've given evidence in a coroner's court and been a witness for the prosecution in crown court. I would not fill in any form for the cops unless I was legally required to. They are looking for info to decide if it's worth pursuing a prosecution. The more they have, the easier their decision to go ahead with one. If they have nothing to base their decision on they'll file and forget.
____________________
a.k.a 'Geri'

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

GettinBetter · Crazy Courier Joined: 20 Jun 2019 Karma :

UncleFester · World Chat Champion Joined: 30 Jun 2013 Karma :

No comment all the way up to the point you are legally instructed to make comment by your own legal counsel and then only what you are legally instructed to say.

That'd be my take on it.
____________________
2017 Z1000SX

MCN · Super Spammer Joined: 22 Jul 2015 Karma :

Sister Sledge · World Chat Champion Joined: 17 Aug 2018 Karma :

I've sat back and let the comments come in op. They're spot on. The police are fishing in the hope of one wrong word. By the sounds of it just ignore the police letter unless it's a legal requirement to reply.

Was mentioned earlier: Go book half an hour with a good solicitor who knows their stuff. Potentially, this could end up costing far more than you expected.

Finally - insurance. Sure you're 'only' a cyclist and a careful rider too. It makes no difference. You can still be chased for a lot of money. Recent court cases show that.
Go get insured and make sure it covers not just bike theft but also legal claims.
Do you have household insurance which covers legal claims for cycling? Just a thought..
____________________
CCM 404 DS