Legal thoughts - hitting a pedestrian
- Nate
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Re: Legal thoughts - hitting a pedestrian
Postby Nate » Wed Apr 22, 2009 10:35 pm
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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Re: Legal thoughts - hitting a pedestrian
Postby simmo_hills » Wed Apr 22, 2009 10:39 pm
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
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Re: Legal thoughts - hitting a pedestrian
Postby Mulger bill » Wed Apr 22, 2009 11:59 pm
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.
Shaun
London Boy 29/12/2011
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Re: Legal thoughts - hitting a pedestrian
Postby JV911 » Thu Apr 23, 2009 10:52 am
ouch!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)
pass on my regards
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Re: Legal thoughts - hitting a pedestrian
Postby RobRollin » Thu Apr 23, 2009 11:20 am
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.
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Re: Legal thoughts - hitting a pedestrian
Postby JV911 » Thu Apr 23, 2009 12:17 pm
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
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Re: Legal thoughts - hitting a pedestrian
Postby RobRollin » Thu Apr 23, 2009 3:08 pm
itsaghostcar wrote:that's a very specific number of pedestrians causing a traffic hazard ... what if one more joined in. Does that nullify the rule?wombatK wrote: 236 Pedestrians not to cause a traffic hazard or obstruction
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Re: Legal thoughts - hitting a pedestrian
Postby mikedufty » Thu Apr 23, 2009 5:27 pm
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Re: Legal thoughts - hitting a pedestrian
Postby wombatK » Thu Apr 23, 2009 8:14 pm
ROFL.itsaghostcar wrote:that's a very specific number of pedestrians causing a traffic hazard ... what if one more joined in. Does that nullify the rule?wombatK wrote: 236 Pedestrians not to cause a traffic hazard or obstruction
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.
Somebody has to do something, and it's just incredibly pathetic that it has to be us -Jerry Garcia
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Re: Legal thoughts - hitting a pedestrian
Postby il padrone » Thu Apr 23, 2009 8:42 pm
Hey wombatK, how did you reply to a post 5 hours before it was made??wombatK wrote:ROFL.itsaghostcar wrote:that's a very specific number of pedestrians causing a traffic hazard ... what if one more joined in. Does that nullify the rule?wombatK wrote: 236 Pedestrians not to cause a traffic hazard or obstruction
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.
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.
"An unjustified and unethical imposition on a healthy activity."
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Re: Legal thoughts - hitting a pedestrian
Postby Biffidus » Fri Apr 24, 2009 12:45 am
It sounds like you might be able to have him charged with causing a traffic hazard. That would help with any insurance issues.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.
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Re: Legal thoughts - hitting a pedestrian
Postby itsaghostcar » Fri Apr 24, 2009 1:06 am
that's a very specific number of pedestrians causing a traffic hazard ... what if one more joined in. Does that nullify the rule?wombatK wrote: 236 Pedestrians not to cause a traffic hazard or obstruction
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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
Somebody has to do something, and it's just incredibly pathetic that it has to be us -Jerry Garcia
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Re: Legal thoughts - hitting a pedestrian
Postby m@ » Fri Apr 24, 2009 8:50 am
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
- 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
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
If that fails, you could leave one like this for the pedestrian...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
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Re: Legal thoughts - hitting a pedestrian
Postby Nate » Mon Apr 27, 2009 11:51 am
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
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.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!
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Re: Legal thoughts - hitting a pedestrian
Postby Nate » Fri May 01, 2009 9:51 am
The workplace comes under federal law & not NSW - different setup.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.
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
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Re: Legal thoughts - hitting a pedestrian
Postby sharktamin » Wed May 06, 2009 8:15 pm
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
3 lanes of traffic + peak hour + wet road + coming out from in front of a bus + not looking = asking for it!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".
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
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