Pedestrian Vs Motorbike...

A question about : Pedestrian Vs Motorbike...

Greetings ...

Any advice on this would be terrific....

In March this year I had a pedestrian run out in front of my bike. She was waved across by a bus driver who had blocked the pedestrian crossing... as she was out jogging and clearly didn't want to interrupt her progress she sprinted ( and I mean sprinted hard ) to get passed the bus driver before he started to move off....problem was the bus driver didn't see me, nor did she..( I had right to continue as this was two roads heading the same way )..

I cleared the crossing down the side of the bus, I was on green lights and she ran straight into the front of my bike, as she was sprinting the went over the bike and hit the deck.. I was travelling slowly due to other cars in the area anyway so thankfully didn't come off..

I called police and ambulance for her. She admitted to all concerned that she didn't look. She was released after a 10 minute check up from the hospital ( I called the police officer concerned to check ) ... and due to no witnesses, and her confession so to speak, the police took no further action..

Now I was left with a smashed headlight - on my brand of bike this cannot be fixed and the whole unit has to be replaced along with a wing mirror that she snapped off - totalling a delightful Ј420.

Now - I am very grateful she was uninjured. That was my main concern!!

However why should I be out of pocket because of her stupidity??

The insurance man was an ex-copper and assured me I should be claiming somehow..as it was my right to continue moving over the part of the crossing that was not covered by the bus as I had a green light. Since the pedestrian crossing was COMPLETELY covered, Mr Guilty Bus Driver thought it his right to wave pedestrians across..

No bus number or registration plate gained...

However two letters have been sent by my insurance company although they generally don't do that since there is no other party to claim from ..? Which have gone unanswered..

She was running in a JP Morgan t-shirt...mightn't mean much but I have to be careful how I approach this..

I am just loathed to pay this amount and not challenge it at least...

Thoughts on a post card please...

I guess my first stop would be the CAB office for an officially legal letter to be drafted yes..? Even if she pays half I'd be grateful...

Best answers:

• Personally i would think damn unlucky and glad you didnt injure her.
  Thing happen, Either claim or fix it myself and move on.
  How much time and money do you want to put into it? Maybe its because im not sitting here asking the question or im just lazy.
  Sort it yourself and move on? Not sure you can claim from the bus driver.
  He may say he gestured to say he wasnt moving off. Not his fault she failed to
  look down the other lane.
• wait till two years down the line when you suddenly get a letter from a solicitor with a claim for her injury, saying you were speeding, didnt sound your horn, were driving without due care and attention, and a lot of other lies that these ' had an accident make a claim' parasite lawyers send you.
  regards bri
• you're probably not going to able to get much out from her money wise, she's unlikely to have personal insurance for yuor insurance to claim off.
  If she doesn't have insurance (most likely) and you put a claim through. The insurance is going to pass this onto a claims company who will ring up the fees big time. They will then contact the pedestrian and try to sue. the pedestrian may not have any money to pay, the claims company will make a judgement as to whether to take her to civil court or drop it defer back to your insurance and you will be "at fault". Fault doesn't mean the accident was your responsibility, fault means you are financially reposible, so your insurance had to pad for the damages.
  It will make your look bad in the eyes of your insurer if you claim for hitting a pedestrian, regardless of fault driving into a pedestrian on a crossing looks bad, and in a civil court the odds are against you, and the burden of proof lies with you to prove the pedestrian was negligent.
  if you can get written statement from her saying that she did not have any lasting injuries from the collision in exchange for agreeing not to put a claim for damaging yuor bike against her. That would be the best outcome. But if she doesn't want to cooperatr you need to put a claim through against her so that you cover your back against any future lawsuits.
  if she springs up 2 years later with a no win no fee accident claim. I'd hate to think what the insurers are going to do. They may even kick you off for not informing them of a very costly payout then you'll have to tell future insurers that an insurance policy was cancelled on you...
• is this linked to the other thread
• is there an issue with pedestrians not seeing bikes due to bikes being narrow and getting blocked by lamp posts or something? is this common or just coincidence that two popped up at similar times?
  i know that when im driving sometimes the windscreen pillar can cause a blind spot so i have to go very slowly round poor vis areas
• Good Morning and thank you for all the posts and helpful information..
  Lets put a few things down though.. she was NOT on the pedestrian crossing when hit. She was sprinting through stationary traffic as the crossing was covered / this was ample room though for me to keep moving and other cyclists though..Police said she should have waited.
  This is NOT related to any other blogger - I read about the pregnant woman hence thought I might get some advice of the same nature..
  In relation to not being seen by pedestrians we are literally NOT seen. People look passed me, even sometimes like they are looking through me but just don't SEE me while standing on pavements reading to run ( not at crossings ) and look directly at cars. They get a beep from me to let them know I am there and genuinely looked shocked that I suddenly appeared in a puff of smoke or something..
  I am on a 650cc / high viz'd to the hilt. How can I not be seen?
  Bikes cannot hide behind posts / poles etc.. we move, like cars...LondonTiger for cars its different.. but even I have a blind spot I am aware of..... My bike weighs 200kg... I think people assume they mightn't hurt as bad as a car or lorry. Its insane what I see on some roads...
  However my insurance company is fully aware and prepared if this woman comes back to me.. they were very helpful although I must admit I am getting differing advise wherever I go so whats on here is helpful so far...
  LondonTiger you gave some good advise there - there were no witnesses.. I am going to try and get hold of her statement which says she didn't look and see what else is on there...
  Will keep you posted...
• Yeah you were travelling too fast for the road conditions, Undertook/Overtook a bus and failed to spot the woman crossing the road. She was there before you etc etc etc...
  So may different options they could choose to say it was your fault. I guess in this day and age you have to expect the worst.
• You're right there however two roads on one direction apparently not classed as undertaking..( am checking this !!) Second she sprinted from in front of a stationary bus.. But I hear what you're saying! Gonna be my word against hers.. Emails sent to my insurers and road traffic collision unit for possible copy of her statement which will be her noose..
• This collision happened in broad daylight but I can see what you mean about the high viz... I wear bright yellow.. You'd think it would do! And reflectors for night riding as I commute.. Planning to stockpile a few more pieces! Cause my headlights are clearly not enough..
  Yes cars are guilty of not checking blind spots.. Men are guilty of being a little too 'progressive' as clearly a big bike means a male rider and women are guilty of not checking mirrors.. However many many considerate careful drivers who make up for the minority..
  Now if we can train pedestrians as well...
• Ive had to tap on windows of cars who decided to change lanes with me next to them.
  Maybe swap the Hi=Viz to a Pink Panther costume? Im sure you would get noticed.
  Yeah. Undertaking was probably the wrong choice of word. But passing on the left is always risky. Im sure next time your on the left of a bus you will think twice before passing it. Probably think the same fom the right also.
  WHAT IF...
• Forgetmyname some outfits I have are unsuitable for public viewing.....however a pink panther outfit might be required...I have tapped on windows and screamed at people who have one hand on the steering wheel using the other to clamp their iphone to their stupid head! One middle aged man in particular was taking a very tight corner in central london doing exactly that - looked surprised as I was able to get so close to him...
  Lum no judgement here.. a white van man pushed into my lane today on a roundabout... he got honked but they don't care. He was driving like a right eejit though ( Father Ted reference taken on board as I am Irish ..lol...).. and will get his come uppance...
  Divine retribution...? Dad, Mum and two kids in a Chelsea Tractor pushing through traffic in Finchley North London - very heavy traffic... they seem intent to getting passing me and angry when I was able to slip passed them. I know the roads and the speed cameras... Dad did not. He sped passed me at an opening in the traffic thinking he "beat" me as his maneuver was a little dangerous.. he got flashed. Ј30 fine and three points hopefully......
  LondonTiger I do understand what you mean... but the distance a vehicle should be at, that would be enough to obscure a pedestrians view indicates a good length of time whereby a pedestrian "should" generally have enough time for them to get across said road. Or at least make a sound judgement based on the distance of van / vehicle / lorry and how quickly is it getting "bigger" towards them...
  Even if they are a complete plank and unable to judge distance vs speed = how long it will taken to get flattened...