Hit by a postie bike

Equipment and On Road Behaviour, Laws and Rules. Cycling Promotion and Advocacy

Hit by a postie bike

Postby rayone » Mon Jan 23, 2012 2:17 pm

Hi.

I was riding my bike 1 block from home, on the footpath really slowly ~10kmh, there's a small corner that comes up but you can see peoples head. ( http://g.co/maps/7xzrw ) Right where the woman is walking.
I see a postie coming so I stop.
Postie comes round the corner slow looking at the floor, so I shout at him, he accelerates while looking up... bang fella hits me.

My handlebars go in to the leg that was holding me up... nice big painful bruise on the inner thigh and another on the outer where I hit the floor or something.
My DT Swiss front rim is bent beyond repair.
The frame has a couple dents and scratches... the bike was ~$2800 new.
I used it for commuting to work.

What options do you folk think I have?

Thanks.
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by BNA » Mon Jan 23, 2012 2:55 pm

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Re: Hit by a postie bike

Postby Oxford » Mon Jan 23, 2012 2:55 pm

depends, did you swap details? it was a traffic incident and property damage resulted.
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Re: Hit by a postie bike

Postby rayone » Mon Jan 23, 2012 3:01 pm

Yes I have his details, but I guess the main issue is that he thinks I shouldn't have even been on the footpath... he said he was sorry... didn't see me.
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Re: Hit by a postie bike

Postby WestcoastPete » Mon Jan 23, 2012 3:09 pm

What state do you live in?
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Re: Hit by a postie bike

Postby rayone » Mon Jan 23, 2012 3:49 pm

rayone wrote:Yes I have his details, but I guess the main issue is that he thinks I shouldn't have even been on the footpath... he said he was sorry... didn't see me.

I guess you didn't look at the google map :o ... NSW.
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Re: Hit by a postie bike

Postby ozdavo » Mon Jan 23, 2012 3:56 pm

WestcoastPete wrote:What state do you live in?

Shouldn't matter of you can demonstrate that you were not riding at the time of the incident, but could come down to your word against his.
Always looking for new rides & ride partners in SE QLD area
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Re: Hit by a postie bike

Postby WestcoastPete » Mon Jan 23, 2012 3:59 pm

Sorry. You're right; I didn't.

http://www.hastings.nsw.gov.au/resource ... cycles.pdf

250 Riding on a footpath or shared path
(1) The rider of a bicycle who is 12 years old or older must not ride
on a footpath if another law of this jurisdiction prohibits the
rider from riding on the footpath


BUT! You were stopped. He wasn't watching where he was going. I'd try taking it up with Australia Post and claim the cost of the damage to the bike.

I'm sure others will have more input...
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Re: Hit by a postie bike

Postby Sydguy » Mon Jan 23, 2012 6:33 pm

That postie is going to have a short life span - they get hit all the time by motorists, my uncle was totalled many many years ago and was never 100% after it, closer to 70% in fact.

For most insurance claims you will need a police report. My guess, guess only, is if you start writing to Australia Post and depending on the response a letter of claim from your lawyer you might get somewhere.

Australia Post would have to have insurance for posties hitting stationary objects like cars and carbon bikes. Given you were stationary prior to and during the incident you might be OK.

This could of been worse if it was a mother with a child in a pram, or just some little kid walking along! I was always told to look in the direction I was travelling in... but these days that is a probably considered overkill.

JM
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Re: Hit by a postie bike

Postby Oxford » Mon Jan 23, 2012 6:46 pm

odds are he's a contractor, AusPost will not get involved or care.

you were on the footpath, in NSW and assuming you are over the age of 12, you were riding illegally (no matter what the speed). however this does not absolve him of some responsibility, he still has an obligation to use his vehicle carefully. I think you'll find if you pursue it you'll be lucky to get some money as an insurance company will attribute and apportion some blame to you as would a court if you went to court.

what's the actual cost of damages? you may find its not even worthwhile pursuing it.
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Re: Hit by a postie bike

Postby GregW » Mon Jan 23, 2012 7:24 pm

Well we could ask the question again......and again........and again.........who is/were the clowns that allowed these motorbikes on the footpath.
Who are the clowns that continue to allow it.
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Re: Hit by a postie bike

Postby WestcoastPete » Mon Jan 23, 2012 7:28 pm

GregW wrote:Well we could ask the question again......and again........and again.........who is/were the clowns that allowed these motorbikes on the footpath.
Who are the clowns that continue to allow it.


How do you think the mail should be delivered?
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Re: Hit by a postie bike

Postby Oxford » Mon Jan 23, 2012 7:29 pm

not sure about NSW, but its in the Qld Traffic Regulations:

313 Exemption for postal vehicles
(1) A provision mentioned in subsection (2) does not apply to the driver of a postal vehicle.
(2) Subsection (1) applies to the following provisions—
• section 179 (Stopping in a loading zone)
• section 180 (Stopping in a truck zone)
• section 182 (Stopping in a taxi zone)
• section 185 (Stopping in a permit zone)
• section 186 (Stopping in a mail zone)
• section 189 (Double parking)
• section 198 (Obstructing access to and from a footpath, driveway etc.).
(3) Sections 288 and 289 do not apply to the driver of a postal vehicle if—
(a) the postal vehicle is a motorbike with an engine capacity of 125mL or less; and
(b) the driver is driving the motorbike at a speed of 10km/h or less; and
(c) the driver drives in a way that does not cause danger to, or obstruct, anyone or anything on the path or nature strip; and
(d) the driver takes reasonable precautions to avoid crashing with anyone or anything on the path or nature strip.


check the NSW legislation, possibly similar exemptions.
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Re: Hit by a postie bike

Postby GregW » Mon Jan 23, 2012 7:41 pm

WestcoastPete wrote:
GregW wrote:Well we could ask the question again......and again........and again.........who is/were the clowns that allowed these motorbikes on the footpath.
Who are the clowns that continue to allow it.


How do you think the mail should be delivered?

Couldn't pick up any sarcasm in that reply........
Fairly obvious my answer is "not by motorbike"
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Re: Hit by a postie bike

Postby lethoso » Mon Jan 23, 2012 7:49 pm

WestcoastPete wrote:How do you think the mail should be delivered?


by pushy :D
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Re: Hit by a postie bike

Postby damhooligan » Mon Jan 23, 2012 7:57 pm

GregW wrote:Well we could ask the question again......and again........and again.........who is/were the clowns that allowed these motorbikes on the footpath.
Who are the clowns that continue to allow it.


Mayby stupid question...

But are the posties legally allowed to ride on the footpath ?? :?:
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Re: Hit by a postie bike

Postby Oxford » Mon Jan 23, 2012 8:00 pm

damhooligan wrote:
GregW wrote:Well we could ask the question again......and again........and again.........who is/were the clowns that allowed these motorbikes on the footpath.
Who are the clowns that continue to allow it.


Mayby stupid question...

But are the posties legally allowed to ride on the footpath ?? :?:

did you read my previous post?
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Re: Hit by a postie bike

Postby WestcoastPete » Mon Jan 23, 2012 8:03 pm

How do I not sound sarcastic? I didn't mean it to. I consider myself to be pretty genuine when it comes to debating these kinds of things.

It was a genuine question.
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Re: Hit by a postie bike

Postby GregW » Mon Jan 23, 2012 8:16 pm

WestcoastPete wrote:How do I not sound sarcastic? I didn't mean it to. I consider myself to be pretty genuine when it comes to debating these kinds of things.

It was a genuine question.

I was hoping you were being sarcastic.......but on that basis I take it you support traffic regulations that allow posties on motorbikes on the footpath.
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Re: Hit by a postie bike

Postby damhooligan » Mon Jan 23, 2012 9:01 pm

Oxford wrote:
damhooligan wrote:
GregW wrote:Well we could ask the question again......and again........and again.........who is/were the clowns that allowed these motorbikes on the footpath.
Who are the clowns that continue to allow it.


Mayby stupid question...

But are the posties legally allowed to ride on the footpath ?? :?:

did you read my previous post?


I did now.. :oops:
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Re: Hit by a postie bike

Postby WestcoastPete » Mon Jan 23, 2012 10:31 pm

GregW wrote:
WestcoastPete wrote:How do I not sound sarcastic? I didn't mean it to. I consider myself to be pretty genuine when it comes to debating these kinds of things.

It was a genuine question.

I was hoping you were being sarcastic.......but on that basis I take it you support traffic regulations that allow posties on motorbikes on the footpath.


To be honest, I've never given it much thought. My first thought is that no, I don't oppose it. I can think of reasons why delivering mail on bicycles or on foot would be a good thing, but it wouldn't be as efficient. I'm sure that, like cyclists, there would be some rogue irresponsible posties on motorbikes too, but the few I have known have been worried about being hit, which involves paying attention to what they're doing.

Can you offer a more efficient and acceptable (to legislators) alternative to motorbikes doing this job?
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Re: Hit by a postie bike

Postby find_bruce » Mon Jan 23, 2012 11:39 pm

A few quick points

* NSW Road rules are similar but different - rule 313 Exemption for postal vehicles
(2) Rule 288 (Driving on a path) does not apply to the driver of a postal vehicle if:
(a) the vehicle is a motor bike having an engine capacity of no more than 110 millilitres, and
(b) the vehicle is being driven at a speed not exceeding 10 kilometres per hour.


* do not admit to riding on the footpath at any speed - see rule 250 - don't lie, just start from the point of being stationary and having one foot on the ground & yelling out to the postie prior to the impact.

* A motor-bike postie in Ryde is more likely to be an employee - maybe a temporary employee from the sounds of it.

* A government owned corporation like Australia Post is unlikely to have insurance for this sort of matter - they will self insure for just about everything.

* On the plus side, as a government owned corporation they are more likely to be concerned with negative publicity than with legals - ideally you want to be speaking with the manager of the relevant Postal Delivery Centre - I suspect it is located at Weerona Rd Strathfield in the building labelled Strathfield Letter Facility - right next to rookwood cemetry.

If you are patient you could start by ringing the call centre 13 7678. If that doesn't work a couple of useful steps would be to try one of the local papers - the Weekly Times or the Northern District Times - they may not be bastions of journalism but they are good for putting a photo up & drawing the attention of public affairs departments.

If you feel you are getting the run around, a complaint to the MD, Ahmed Fahour, might be effective.
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Re: Hit by a postie bike

Postby GregW » Mon Jan 23, 2012 11:52 pm

rayone wrote:..............I was riding my bike 1 block from home, on the footpath really slowly ~10kmh,......


find_bruce wrote:A few quick points,,, do not admit to riding on the footpath at any speed

find_bruce wrote:...........don't lie...


Option 3 is? :)
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Re: Hit by a postie bike

Postby GraemeL » Tue Jan 24, 2012 9:10 am

Unbelievable!!

You were riding on the footpath, when you shouldn't have been. You were hit by a postal worker and now you want to try and lay blame on him/her?
Because of your ignorance and disregard for the law, you expect them to compensate you for damages?

Graeme
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Re: Hit by a postie bike

Postby rayone » Tue Jan 24, 2012 9:55 am

Thanks for your replies.

The facts are:
- I was riding on the footpath, like I do always (safety) slowly... also so as not to perspire.
- I saw him coming, I stopped and then shouted.
- He really wasn't looking, and accelerated in to me.
- Since I was supporting my self with just one leg, I got knocked off and back, he probably didn't feel much.

Damage:
- XR 1450 front is completely bent, rear is slightly bent... being aluminium it doesn't really straighten.
http://www.chainreactioncycles.com/Mode ... elID=25538
I'm starting to think these rims for the cost aren't that strong.
- Frame has 3 scratches and 1 large dent
- I have an oblong bruise going from my inner thigh to my knee, on my outer thigh and hip... no big deal.

Actions:
- I've called Aust Post got his managers details, got a reference number... He said what was I doing on the footpath.
- He said they would file a police report and get back to me.

I guess the next steps:
- fix the bike (both wheels + frame will be ~$1700)
- try and claim the money back
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Re: Hit by a postie bike

Postby deekrockingbeat » Tue Jan 24, 2012 12:53 pm

if you consider the amount of stuff that the posties have to carry you probably want to ride a motorbike as well instead of a bicycle. i have seen some posties on bicycles but they were generally inner city and with small loads. its not like the mail couriers in the city they have a very light load.

as for compensation with your bicycle, good luck but i dont like your chances.
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