Bicycle Accident To Do's

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

Bicycle Accident To Do's

Postby chamitha » Tue Nov 13, 2012 6:28 pm

Hello. I just had a minor accident where a vehicle turned left into a side street across the bike lane knocking me over in the process. I am unhurt for the most part baring scraped fingers from the fall. The bike is also undamaged as far as I can tell. The driver stopped and helped me up and we went our separate ways. I'm wondering if this type of incident must be reported? Most articles I read have to do with damages and insurance claims thus require exchanging of details and witness testimony.
I'm interested in hearing others thoughts.
chamitha
 
Posts: 115
Joined: Thu Jun 10, 2010 6:15 pm

by BNA » Tue Nov 13, 2012 7:10 pm

BNA
 

Re: Bicycle Accident To Do's

Postby maestro » Tue Nov 13, 2012 7:10 pm

chamitha wrote:Hello. I just had a minor accident where a vehicle turned left into a side street across the bike lane knocking me over in the process. I am unhurt for the most part baring scraped fingers from the fall. The bike is also undamaged as far as I can tell. The driver stopped and helped me up and we went our separate ways. I'm wondering if this type of incident must be reported? Most articles I read have to do with damages and insurance claims thus require exchanging of details and witness testimony.
I'm interested in hearing others thoughts.

In NSW, I'm pretty sure that there is no requirement to report it (no injuries, no alcohol/drugs involved, no damage to other property, no vehicle required to be towed).
I don't see any reason to report it as far as punishing the driver, unless you feel he needs an "educational" visit from the cops.
The only other reason you would report it is if you wanted it to count in some stats (eg, if you feel that the intersection is dangerous... numerous reports can result in changes being made).
maestro
 
Posts: 130
Joined: Wed Feb 29, 2012 12:06 pm

Re: Bicycle Accident To Do's

Postby cp123 » Wed Nov 14, 2012 9:38 am

are you happy to have a driver potentially continue to bowl over cyclists without any educational visits from the cops?
cp123
 
Posts: 985
Joined: Tue Sep 08, 2009 4:50 pm

Re: Bicycle Accident To Do's

Postby GraemeL » Tue Nov 20, 2012 8:06 am

chamitha wrote:Hello. I just had a minor accident where a vehicle turned left into a side street across the bike lane knocking me over in the process. I am unhurt for the most part baring scraped fingers from the fall. The bike is also undamaged as far as I can tell. The driver stopped and helped me up and we went our separate ways. I'm wondering if this type of incident must be reported? Most articles I read have to do with damages and insurance claims thus require exchanging of details and witness testimony.
I'm interested in hearing others thoughts.


No matter how trivial you think it is, it's always a good idea to report it. at the very least, a visit from Mr plod might make the driver think twice next time. And if any pain shows up afterward you have your bases covered.

Graeme
***Looking For Information About Bicycle Cameras ***

* Bicycle Camera FAQ's *** Mounting FAQ’s & DIY Mounts *
GraemeL
 
Posts: 1290
Joined: Fri Dec 03, 2010 3:47 pm
Location: Perth

Re: Bicycle Accident To Do's

Postby hannos » Tue Nov 20, 2012 8:30 am

2010 BMC SLC01
Image
User avatar
hannos
 
Posts: 4018
Joined: Fri Mar 19, 2010 10:18 am
Location: Sydney

Re: Bicycle Accident To Do's

Postby wombatK » Tue Nov 20, 2012 6:25 pm


Link is broken... so here it is:
Road Rules 2008
Current version for 1 November 2012 to date (accessed 20 November 2012 at 19:17)
Part 18Division 1Rule 287

<< page >>

287 Duties of a driver involved in a crash

(1) A driver involved in a crash must comply with this rule.

Maximum penalty: 20 penalty units.

Note 1. Crash is defined in the Dictionary.

Note 2. The law of this jurisdiction also requires a driver involved in a crash to stop and give assistance to anyone who is injured.

(2) The driver must stop at the scene of the crash and give the driver’s required particulars, within the required time and, if practicable, at the scene of the crash, to:

(a) any other driver (or that driver’s representative) involved in the crash, and

(b) any other person involved in the crash who is injured, or the person’s representative, and

(c) the owner of any property (including any vehicle) damaged in the crash (or the owner’s representative), unless, in the case of damage to a vehicle, the particulars are given to the driver of the vehicle (or the driver’s representative).

(3) The driver must also give the driver’s required particulars, within the required time, to a police officer if:

(a) anyone is killed or injured in the crash, or

(b) the driver does not, for any reason, give the driver’s required particulars to each person mentioned in subrule (2), or

(c) the required particulars for any other driver involved in the crash are not given to the driver, or

(d) a vehicle involved in the crash is towed or carried away by another vehicle (except if another law of this jurisdiction provides that the crash is not required to be reported), or

(e) the police officer asks for any of the required particulars.

Note 1. Police officer is defined in the Dictionary.

Note 2. Subrule (3) (e) is not uniform with the corresponding paragraph in rule 287 of the Australian Road Rules. However, the corresponding paragraph in the Australian Road Rules allows the required particulars to be given if another law of this jurisdiction requires a particular crash to be reported to a police officer. Different rules may apply in other Australian jurisdictions.

(4) For this rule:

required particulars, for a driver involved in a crash, means:

(a) the driver’s name and address, and

(b) the name and address of the owner of the driver’s vehicle, and

(c) the vehicle’s registration number (if any), and

(d) any other information necessary to identify the vehicle,

and, for subrule (3), includes an explanation of the circumstances of the crash.

Note 1.

Driver’s vehicle is defined in the Dictionary.

Note 2. This definition is not uniform with the corresponding definition in rule 287 of the Australian Road Rules. However, the corresponding definition in the Australian Road Rules allows the additional information to be provided to a police officer for the purposes of subrule (3) if another law of this jurisdiction requires the information to be given. Different definitions may apply in other Australian jurisdictions.

required time, for a driver involved in a crash, means as soon as possible but, except in exceptional circumstances, within 24 hours after the crash.

Note that for most purposes in the rules, the term driver includes riders (rule 19). So as a bicycle rider, OP is also obligated to report it to the police. He has stated that he was injured (scraped fingers). The point of reporting even apparently trivial injuries promptly is to cover the possibility of the injury being worse after you cool down - or any complications in healing; that happens often enough that you should guard against it.
WombatK

Somebody has to do something, and it's just incredibly pathetic that it has to be us -Jerry Garcia
User avatar
wombatK
 
Posts: 5190
Joined: Thu Jul 10, 2008 9:08 pm
Location: Yagoona, AU


Return to Cycling Safety and Advocacy

Who is online

Users browsing this forum: No registered users



Popular Bike Shops
Torpedo 7 Torpedo7 AU
Ground Effect Ground Effect NZ
Chain Reaction Cycles CRC UK
Wiggle Wiggle UK
Ebay Ebay AU



InTouch with BNA
“Bicycles BNA Twitter
“Bicycles BNA Facebook
“Google+ BNA Google+
“Bicycles BNA Newsletter