Legal thoughts - hitting a pedestrian

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Re: Legal thoughts - hitting a pedestrian

Postby Nate » Wed Apr 22, 2009 10:35 pm

My friend did have some injuries...

Sore neck & stiffness - soft tissue damage (starting to feel it now too)
A/C Joint from a previous injury disrupted & made worse - probably thrown recovery back 1-2months
and about $230 in bills so far (cleats, helmet, physio)

They've also started calling a few "injury compensation lawyers" - so there's a backup when it turns ugly...

They notified the other party that they lodged an incident & provided a number to the Ped, who then responded they've organised to see the cops etc...
then stated "... also assessing personal injuries (wrist, head, neck, hip) and damage to personal property"...

so looks like it'll be on...
Should also contact ACA on this one afterwards - get some "positive" stories about how hard it is to be a cyclist!
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by BNA » Wed Apr 22, 2009 10:39 pm

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Re: Legal thoughts - hitting a pedestrian

Postby simmo_hills » Wed Apr 22, 2009 10:39 pm

proceed with caution, be prepared for things to take time

been through a similar incident (car not pedestrian), don't try and rush things

although not sure how this would go without the pedestrian not having insurance :wink: :wink:
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Re: Legal thoughts - hitting a pedestrian

Postby Mulger bill » Wed Apr 22, 2009 11:59 pm

That's a mongrel for yer mate Nate, hope he heals quick.

The ped's definitely a Darwin candidate, let's just hope he doesn't get to the media first. They love a good victim story. :roll:

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Re: Legal thoughts - hitting a pedestrian

Postby JV911 » Thu Apr 23, 2009 10:52 am

Nate wrote:My friend did have some injuries...

Sore neck & stiffness - soft tissue damage (starting to feel it now too)
A/C Joint from a previous injury disrupted & made worse - probably thrown recovery back 1-2months
and about $230 in bills so far (cleats, helmet, physio)


ouch!

pass on my regards :wink:
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Re: Legal thoughts - hitting a pedestrian

Postby RobRollin » Thu Apr 23, 2009 11:20 am

Well as many members know I work in insurance and handle bike claims and liability.

I bounced this around at work and we've come to the conclusion.

If you were insured through BNSW or Velo then they would proceed against the pedestrian.

Just because he has succuessfully negotiated to cross two lanes of traffick without injury, does not mean that he has the right of way. As he has crossed infront of a bus which would have obscured him from view of you, means that his actions has contributed towards this accident.

From your circumstances you were travelling at a safe speed, you were aware of the vehciles around you, and keeping a proper lookout at all times.

The Claimant was the owner of the bicycle
On (whatever) date at (whatever time) the Claimant was travelling on (whatever road) in Sydney CBD
The defendant was walking accross (said) road
The defendant has crossed two lanes of traffick on a Green signal for vehicles
The defendant has attempted to cross the road without using pedestrian crossing at the intersections
The defendant has crossed infron of a moving RTA bus
The collision was caused by the negligence of the Defendant

Particulars of Negligence
- Crossed the road without due care and attention, or without reasonable consideration for other road users;
- Failed to keep any, or any proper, adequate or sufficient lookout;
- Failed to heed the presence of you on the roadway

There are other particulars I could mention however they are the partciulars of his negligence. If your bike has substained serious damage (I didn't see any mention of quotes on repairs) then you need to proceed through the minor civil courts (in Tassie, NSW may differ). You are required to obtain two quotes, see if your LBS will give you a a sessment report. Any photos and witness statements would also benfit your case.

Good Luck. :wink:
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Re: Legal thoughts - hitting a pedestrian

Postby JV911 » Thu Apr 23, 2009 12:17 pm

just received this joke and thought it was apt:

The Pedestrian and the Cyclist

A pedestrian stepped off the curb and into the road without looking one day and promptly gets knocked flat by a passing cyclist.

"You were really lucky there," said the cyclist.

"What on earth are you talking about! That really hurt!" said the pedestrian, still on the pavement, rubbing his head.

"Well, usually I drive a bus!" the cyclist replied.
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Re: Legal thoughts - hitting a pedestrian

Postby m@ » Thu Apr 23, 2009 2:55 pm

Unlikely at this stage, unless a compliant witness comes forward. Even then I suspect the cops would be loathe to get involved...
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Re: Legal thoughts - hitting a pedestrian

Postby RobRollin » Thu Apr 23, 2009 3:08 pm

itsaghostcar wrote:
wombatK wrote:236 Pedestrians not to cause a traffic hazard or obstruction


that's a very specific number of pedestrians causing a traffic hazard ... what if one more joined in. Does that nullify the rule? :P



:lol:
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Re: Legal thoughts - hitting a pedestrian

Postby mikedufty » Thu Apr 23, 2009 5:27 pm

sounds like an accident to me. Pedestrian wasn't expecting a moving vehicle hooping through a little gap in stationary traffic, should have picked a crossing point with better visibility than next to a bus. Cyclist wasn't expecting pedestrians popping out from behind buses, should have slowed down due to lack of visibility. Both should HTFU and do their best to deprive the lawyers of income.
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Re: Legal thoughts - hitting a pedestrian

Postby wombatK » Thu Apr 23, 2009 8:14 pm

itsaghostcar wrote:
wombatK wrote:236 Pedestrians not to cause a traffic hazard or obstruction


that's a very specific number of pedestrians causing a traffic hazard ... what if one more joined in. Does that nullify the rule? :P

ROFL.

If you need a backup, Rob Rollin's advice still leaves him with plenty of other angles to attack. In NSW, I think the local magistrates courts deal with small claims such as this. I believe any legal expenses incurred in pursuing such a claim can not be recovered, but you can get free advice/assistance with drawing up a claim from a chamber magistrate if you have time to sit in the queue (you can represent yourself in the court) ... One good reason why having an insurer who can pursue the claim for you is a good investment.
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Re: Legal thoughts - hitting a pedestrian

Postby il padrone » Thu Apr 23, 2009 8:42 pm

wombatK wrote:
itsaghostcar wrote:
wombatK wrote:236 Pedestrians not to cause a traffic hazard or obstruction


that's a very specific number of pedestrians causing a traffic hazard ... what if one more joined in. Does that nullify the rule? :P

ROFL.

If you need a backup, Rob Rollin's advice still leaves him with plenty of other angles to attack. In NSW, I think the local magistrates courts deal with small claims such as this. I believe any legal expenses incurred in pursuing such a claim can not be recovered, but you can get free advice/assistance with drawing up a claim from a chamber magistrate if you have time to sit in the queue (you can represent yourself in the court) ... One good reason why having an insurer who can pursue the claim for you is a good investment.

Hey wombatK, how did you reply to a post 5 hours before it was made??

And how come I'm commenting on the same post, 4 1/2 hours before it has been postsed :? :? ??

Doo-do, doo-do, doo-do! Maybe itsaghostcar is in Area 51 now.
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Re: Legal thoughts - hitting a pedestrian

Postby Biffidus » Fri Apr 24, 2009 12:45 am

wombatK wrote:236 Pedestrians not to cause a traffic hazard or obstruction
(1) A pedestrian must not cause a traffic hazard by moving into
the path of a driver
.
Offence provision.

It sounds like you might be able to have him charged with causing a traffic hazard. That would help with any insurance issues.
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Re: Legal thoughts - hitting a pedestrian

Postby itsaghostcar » Fri Apr 24, 2009 1:06 am

wombatK wrote:236 Pedestrians not to cause a traffic hazard or obstruction


that's a very specific number of pedestrians causing a traffic hazard ... what if one more joined in. Does that nullify the rule? :P
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Re: Legal thoughts - hitting a pedestrian

Postby wombatK » Fri Apr 24, 2009 7:21 am

il padrone wrote:Hey wombatK, how did you reply to a post 5 hours before it was made??

And how come I'm commenting on the same post, 4 1/2 hours before it has been postsed :? :? ??

Doo-do, doo-do, doo-do! Maybe itsaghostcar is in Area 51 now.

Maybe he's a ghost writer not a ghost car :? I had to do a double take to find his post - it was already ahead of the first reply to it when I replied. Might have to get Mulder and Scully onto this one :o
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Re: Legal thoughts - hitting a pedestrian

Postby m@ » Fri Apr 24, 2009 8:50 am

There's something funky going on with the timestamps on some posts - looks as though the server's clock may have been set one day into the future for a while yesterday afternoon...

Let us know how your friend goes, Nate... Might be worth your while trying to track down witnesses ASAP, while it's still fresh in their memories - the bus driver would probably be a good place to start!
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Re: Legal thoughts - hitting a pedestrian

Postby Nate » Fri Apr 24, 2009 11:04 am

Few updates...

- a more accurate account of events & condidions were submitted, as the original officer at the local cop shop was a bit brief & rushed, as he was rather annoyed he had to take the incident & lodge 3-4hrs of paperwork, so have to sign & sort that out etc
- havent heard if the ped has lodged "their" account of events
- CCTV Footage from the council - ONLY the police can request it! & they have to make a request
- bus driver, going to be VERY difficult to track down, multiple depots & loads of potential drivers (didnt have route or unique ID on the bus)

still the waiting game...
"my friend" is close to going down to the palce with a sign next week & asking for witnesses... hmmmm what a waste of cycling time!
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Re: Legal thoughts - hitting a pedestrian

Postby Nate » Sun Apr 26, 2009 1:49 pm

Had a better thought...

Will put up a few flyers with those tear off number things on the posts on Monday, that should easily give me a few witnesses.

NOTE to all - get witnesses at the time!
& bus routes & details
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Re: Legal thoughts - hitting a pedestrian

Postby m@ » Mon Apr 27, 2009 10:02 am

Nate wrote:Had a better thought...

Will put up a few flyers with those tear off number things on the posts on Monday, that should easily give me a few witnesses.

NOTE to all - get witnesses at the time!
& bus routes & details


If that fails, you could leave one like this for the pedestrian...
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HTFU harmonix.
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Re: Legal thoughts - hitting a pedestrian

Postby Nate » Mon Apr 27, 2009 11:51 am

More interesting news...

I'm NOT covered by workers compensation for travel to/from work!!!

I work for a very large enterprise that was previously a government department & they fall under "Comcare" & under the act, they're excluded from providing cover to/from work.
http://www.comcare.gov.au/

So looks like i'll be making a claim directly against the pedestrian!
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Re: Legal thoughts - hitting a pedestrian

Postby RobRollin » Mon Apr 27, 2009 12:46 pm

Nate wrote:More interesting news...

I'm NOT covered by workers compensation for travel to/from work!!!

I work for a very large enterprise that was previously a government department & they fall under "Comcare" & under the act, they're excluded from providing cover to/from work.
http://www.comcare.gov.au/

So looks like i'll be making a claim directly against the pedestrian!


How come you arent covered? I looked into my workers compensation and I am covered, as long as I am on the route to and from work to home. Detours may not be covered.
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Re: Legal thoughts - hitting a pedestrian

Postby Nate » Fri May 01, 2009 9:51 am

RobRollin wrote:How come you arent covered? I looked into my workers compensation and I am covered, as long as I am on the route to and from work to home. Detours may not be covered.


The workplace comes under federal law & not NSW - different setup.

Its been 1.5 weeks since the accy, 1.5 weeks since he SAID he has made an appointment to go & put in his statement... and he still hasnt!
Going to go down & put up some posters & get some witnesses.
It also hasnt been given to an investigating officer yet either... the waiting game

Recovery is going OK, shoulder is still too sore to go on a big ride (& its killing me), but i can still commute to work - just some some niggling pain every now & then.
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Re: Legal thoughts - hitting a pedestrian

Postby cyclenut » Sat May 02, 2009 2:40 pm

I am not sure about in Sydney, but in SA all our public buses have cameras on them recording inside and outside footage. If the bus was a public bus have your friend contact the bus company. By the location and time they can track down the footage. I am sure a nice bit of footage showing the brain surgeon run out into the traffic without looking would assist in any legal proceedings.
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Re: Legal thoughts - hitting a pedestrian

Postby sharktamin » Wed May 06, 2009 8:15 pm

About ten years ago, in a Melbourne suburb I had the misfortune to hit a pedestrian.
Mind you he was trying to get run over. Standing in the middle of a four lane road, and moving from lane to lane to put himself in front of traffic. I slowed, I avoided, but in the end I still clipped him, and broke the LH rear view mirror and dented the front corner of my VW kombi.

I pulled over to render assistance, he was then lying on the grass at the side of the road, with a friend. He was concious and breathing. His friend said something like "don't worry about him he's just drunk". He certainly smelled like it. Not having a phone with me I walked 100m to a garage and phoned the Police who instructed me to stay at the phone. 6 Police units turned up, but in 20 mins of searching could not find him or his friend. They took a statement but seemed to have the attitude of no problem if he was asking for it, or was it no body = no crime! I insisted on being breath tested before going on my way (they had forgotten about that).

I hope no one else has the unfortunate experience of running over some one. But if you do make sure they were "asking for it".

P.S. I had to pay for my own car repairs.
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Re: Legal thoughts - hitting a pedestrian

Postby Nate » Thu May 07, 2009 4:17 pm

sharktamin wrote:I hope no one else has the unfortunate experience of running over some one. But if you do make sure they were "asking for it".


3 lanes of traffic + peak hour + wet road + coming out from in front of a bus + not looking = asking for it!
Rang bus company, too many buses go through there to track it down etc.
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Re: Legal thoughts - hitting a pedestrian

Postby philip » Thu May 07, 2009 4:38 pm

Hey Nate, just read this, bummer! How's the recovery going? Able to make this Saturday's ride?
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