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Mrs stu has been hit by a car.
Propper turned right across her while she was traveling straight down the main road.
In the hospital with her now, think she has a broken wrist and ribs.
Thankfully she seems okish as in she's not going to die but a bit distressing for both of us.
Seeing her being hit like that and catapulted about 10 foot in the air was quite svarry...
Anyway we're members of the CTC so what do we do about trying to claim back for a wrecked frame, helmet and glasses?
Any advice welcome.
Have you reported it to police? It's an injury rtc and possibly driving without due care by your description
Heal fast Mrs Stu.
Bloody hell....
Healing vibes to your good lady.
wrecked bike, clothing, injuries, and taxi fares etc, ctc will claim them all for you give them a ring along with Police and report it as an injury accident, police will require a statement and interview driver as well , and hopefully prosecute driver.
Don't be in a hurry to make a claim as injuries don't just appear immediately. A good friend of mine ended up seeing at least 6 specialists for different body parts when she came off her bike. Keep all receipts for parking, train tickets etc especially if you need to accompany the injured to further appointments.
Police should be called for injury RTC. There are lots of issues and they are best dealt with by Police, although even in what appears clear cut cases, it all takes forever.
Best wishes to your injured Mrs.
As it happens a Police van stopped about 2 minutes after the incident.
Full report given and 2 independent witness stopped and also gave statements to the police.
Officer that stopped has also just turned up at the hospital to take a fury fury statement and check that Amanda's not dead yet...
The motorists in question has told the police that the sun was in her eyes and it's not her fault...
Makes me propper angry.
CTC by all accounts have good support for this sort of thing, although something I fortunately havent needed from them, so would call their cycle aid number and get their legal specialists on the case.
The motorists in question has told the police that the sun was in her eyes and it’s not her fault…
So she just pulls across the road without being able to see, I wonder how many near misses she has had?
Whose fault does she think it is if she decides to drive across a carriage way without having clear sight?
Best wishes to Mrs sss
No useulf advice to impart, but hope M is ok. Horrible news to hear 🙁
Heal well Mrsssssssssssstu
Get well soon, Mrs Stu.
Nothing to add other than healing vibes to Mrs S and virtual hugs to you both
The motorists in question has told the police that the sun was in her eyes and it’s not her fault…
FFS 🙁
No advice, but hope she heals up well.
Did the officer take that as a statement from the motorist?
Sorry to hear this mate, glad she's ok (ish).
where did this happen?
K'ford high street.
About half a mile from home.
Yep thatst what she told the police.
Just got back from x-ray.
Fractured wrist. Black and blue all over scuffed up face and cut up lip.
Not even looked at the bike yet but did see a huge dent in the top tube as I pushed it back home.
Cheers for all your God wishes.
Sorry to be the bearer, etc but it’s unfortunately been a valid defence on more than one fatal occasion.
Most notably a young female who killed a motorcyclist when she pulled out without being able to see because “the sun was in her eyes”.
Court found her not guilty!
I hope you can make this one different
oh man, ****ing hell, nightmare!
Hope she feels better soon, healing vibes.
Sorry to hear that. Glad she's as OK as she can be after something like this.
Sensible to manage expectations re any criminal prosecution.
Speak to CTC lawyers re claim, claim for every penny you can and don't take any crap, insurers will give you plenty (I had an identical but milder collision a couple of years ago, happy to help/advise)
Good that she's ok, heal well.
Shit man, hope she heals soon.
Can't have Stu without dumpling!
When I'm driving my car, and the sun is in my eyes, I take account of that so that I don't hit people. It's really not that hard.
Hope your wife gets well soon.
ouch, hope she heals fast
... and that the driver ****s right off
The one time I was knocked off it was also '''the sun was in my eyes', how is it allowed to be an excuse?! The only reason on maybe cposdibly could be valid is sudden changes such as cresting a hill or exiting a tree lined section.
Healing vinrd
Healing wishes to Mrs Stu and hopes for at least a ‘driver at fault’.
‘sun in eyes’ should never be a valid claim. That processes to ‘couldn’t see shit but went for it anyway’ which ought to be at least careless if not dangerous.
Sadly, Police will only go for what they think they can get past CPS and CPS know that whenever this sort of thing goes to trial the jurors all imagine how easily they could make the mistake and acquit without consideration for how close that moment of carelessness came to ending a life and destroying a family. Personally I think RTCs should be Magistrates and not Jury.
Ouch. Alison sends best wishes. She also came very close to being splatted on a mini roundabout last week.
Definitely a personal injury claim so let CTC advise and don't rush into anything.
The initial Police response is usually down to the attitude of the individual officer - at least yours seems interested so that is a start....
How can the sun be in your eyes when it’s pretty much at its highest in the sky at the mo..
winter, it’s low. Summer, not really. It’s quire high..
Summer, not really. It’s quire high..
Depends on time of day and direction of travel. On Wednesday about 9ish despite well angled sunshade and glasses my ability to see was seriously reduced for short term. However I took the cunning approach of slowing down and crawling until I could see properly. Although I was nervously checking the rear view mirror for some muppet who didnt take the same approach.
"Sorry to be the bearer, etc but it’s unfortunately been a valid defence on more than one fatal occasion.
Most notably a young female who killed a motorcyclist when she pulled out without being able to see because “the sun was in her eyes”.
Court found her not guilty!"
I bet you're cheerful at parties.
Firstly, that will have been a criminal prosecution, for a criminal charge requiring a very high burden of proof, and to a completely different standard to that of the drivers claims department at an insurer.
Secondly, judges can and do make mistakes, they're human. But 1 dodgy uncited ruling, or one you don't appear to understand, isn't worth worrying the op over.
This is a civil matter, the burden of proof shifts to "on the balance of porbability", and as on a sunny day, its entirely forseeable sun will get in your eyes, and care needs to be taken, theres little chance of a claims department resisting this. If the injuries or losses were very serious, they will rightly look into any contributory aspects, but as the cyclist is vulnerable, potentive causality, along with the onus of the turning vehicle to turn when safe to do so, and the forseeability and requirement to consider its effect, mean this claim will almost certainly be paid.
Just be careful who CTC use as solicitors, as its not down to quality, but the size of the kickback they get, in what ever form (referral fees are banned, but the legal profession in personal injury is *so* dodgy, they have a habit of getting round these things). Ensure that they're not taking a %, if you have CTC insurance.
Personally I think RTCs should be Magistrates and not Jury.
Careless driving (rather than Death by... or Serious Injury by...) will normally be magistrates. Of course that doesn’t necessarily mean you’ll get the outcome you wish. They make desicions based on the evidence before them - if the prosecutor doesn’t lead the evidence about what a careful and competent driver would have done with sun in their eyes (usually by asking a police traffic officer) or question the height and direction of the sun (most likely asking a police collision investigator) the magistrates may well find themselves no better informed than a jury.
for a “minor RTC” quite possible traffic/collision investigation won’t be involved. CPS then have to make a charging decision from behind a desk probably based on some poorly transcribed statements with no scene plan/map and whilst a stack of other seemingly “more important” cases are building up and timelimits/targets are mounting.
its possible that anyone in that chain (and likely there will be several prosecutors who deal with it before it reaches trail) has the potential to flag such a defence as being nonsense but equally many of those people have the ability to decide no further action. Most of them are likely to be drivers.
however as the previous poster says that is totally different from a civil claim - not least because the lawyer on “your side” is likely to be experienced in exactly this sort of thing and only has to prove to the balance of probabilities.
Should be relatively easy to test the validity of the "sun in my eyes" defence by taking a car to the same junction at the same time of day and seeing where the sun is in the sky and the effect it has on a drivers ability to see. Take photographs too... there are apps that can show positions as well.
If this proves that the sun couldn't have been in her eyes pass that onto the Police too - they may find such information enlightening.
Get some rest for both of you. Hope she gets well soon. All the best. D.
Thanks all.
Just back from hospital.
Wrist in plaster, very battered and bruised with a deep cut to the lip.
Frame looks like a write off. Big dent and a bit of a twist with a crease...
Will see what the CTC say on monday morning.
Speedy recovery for the Mrs OP.
Sounds like good advice from capt.
Should be relatively easy to test the validity of the “sun in my eyes” defence by taking a car to the same junction at the same time of day and seeing where the sun is in the sky and the effect it has on a drivers ability to see. Take photographs too… there are apps that can show positions as well.
All the best.
Sorry to be the bearer, etc but it’s unfortunately been a valid defence on more than one fatal occasion.
My friend was knocked from his bike and killed by a driver who said the sun was in his eyes. No prosecution even took place.
Sorry to read this Stu, Best wishes to Amanda, hope she's feeling a bit better and heals quickly, both physically and mentally.
On a more positive note, at least you'll be able to beat her up the hills for a while... 😉
But 1 dodgy uncited ruling, or one you don’t appear to understand, isn’t worth worrying the op over.
https://beyondthekerb.org.uk/erasure/
Claim or blame to one side thank goodness it sounds like MrsStu is ok & will live to ride another day. That's the important part.
Seeing the incident must have been awful for you to. Hope it all gets resolved
All the best for a quick recovery Amanda once bones have healed.
I hope you get everything sorted regarding compensation and the driver takes responsablity.
During this hot/sunny spell I have witnessed some dreadful driving, mainly when it comes to overtake cyclists. It seems the driver who is overheated in their car is grumpy and not thinking straight, grrrr.
bunnyhop x
Sorry to hear this Stu and a speedy recovery for the Mrs.
If you want to pursue a claim, seriously consider instructing a solicitor directly. He who pays the piper...
Exactly the same thing with the same "sun in my eyes" excuse happened to a mate of mine last Monday.
Driver has been done for Driving without Due Care and Attention. Police (GMP) have been brilliant with him. Driver got a major bollocking at the scene too.
That article made grim reading. Initial hearing for the uninsured "blinded by sun" driver that hit me was adjourned last week. My confidence in getting a conviction certainly has taken a knock after reading it. The police were a little disinterested in going for anything other than the lack of insurance aspect until I spoke at length about my feelings to the investigating officer. I can now understand why looking at those statistics. I'm dealing with Leigh Day via British Cycling for my personal injury claim, and have been very impressed so far.
Hope your wife is comfortable and gets well soon.
Hope MrsStu recovers quickly and is out on her bike as soon as.
The sun in the eyes "defence" is perhaps unsurprisingly affective precisely because the majority of people are automatically concerned about what would happen to them as a driver. A jury of your peers inevitable brings in societal bias.
I hope your wife makes a good recovery & it hasn't put her off riding on the road.
How long do you think she'll be off the bike for? Has her confidence took a battering?
Good luck with proceedings against the car driver,at least a Police van turned up quickly & you've got cycle cover to pursue a claim against the car driver.
One thing with drivers using the sun as a excuse for their incompetence,I try & plan the journey so that I'm not on roads where low level sun is a problem,or when I am on them,they're really quiet country lanes so I can hear any vehicles in the area & try and avoid them.
Granted it's a bit different when you're not surrounded by quiet lanes or you've got to cycle down the main road...
Jesus Stu, must have been horrible for you both*, hope Amanda heals up quick, it's too nice out to be sat at home
*Obvious worse for her, but you seeing her go though it must have been awful too.
The motorists in question has told the police that the sun was in her eyes and it’s not her fault…
Jesus wept. Like the driver who claimed to be traumatized after nearly being hit head-on by a car that had been ‘forced’ to overtake cyclists on a bend. Utter ****ing halfwits.
Healing vibes to Mrs Stu. I’ve had a few near misses over the years despite avoiding riding on roads as much as possible. Each one just makes you think how utterly defenseless you are against a ton plus of metal being piloted by a moron who is likely to get away with it.
Hope she makes a full recovery swiftly and that the driver is nailed (unlikely though the latter is). Must have been terrifying for the both of you.
Sorry to rant, but this stuff just makes me so angry. I’ll bet the daft wench in the car wouldn’t have used that excuse if it has been a lorry and it had mullered her. Then it would have been something about the lorry speeding or somesuch. Anyway, no need to focus on someone not worth the effort, really hope mrs Stu gets well soon and isn’t put off by this incident.
Agree on the level of driving, was out on the roadie yesterday and had 2 overtakes on blind summits, this is on a rural A road with absolutely bugger all traffic. Second one was almost a head on followed by my hand on the passenger window. Thankfully I could sense it coming and was making my escape onto the verge. Got the number plate and reported to 101 later in. Just complete lack of patience , in fact it was that he and it was a he, was following another car so close he assumed it was clear.
healing vibes good to hear nothing major but distressing all the same
Thanks for all your good wishes, advice and healing vibes. I am okay, although in my defence I am quite hard. I wish it hadn't happened but could be worse, just frustrated that I cant ride for a few weeks due to someone not paying attention.
The A&E experience did open my eyes as to how many people use it unneccesarily, there was a guy in there with mild sunburn that thought he was going to die ffs, although it did make us laugh! To be honest I wouldn't have gone if I hadn't thought my wrist was fractured and the ambulance crew hadn't persuaded me. Big thanks to ambulance crews and A&E staff everywhere, you do a great job under immense pressure.
Amanda (mrssstu) xx
get well soon mrs stu.
do you still have the tandem. get the big lad to take you out on that, you can ride no hands on the back, and good training for him. ;o)
Similar happened to me, but I broke my back and 4 ribs. Phone CTC's accident help line and they will put their solicitors in touch with you.
Keep all receipts and also log any time you or anyone spends looking after your wife - this is something that's been built into my claim as my wife now has to do more as there are things I now struggle with.
Keep records of hospital and GP appointments, and prescription receipts.
Very sorry to hear this, and I wish Mrs Stu a speedy recovery.
Unfortunately I've been over the bonnets of two cars that pulled out in front of me (both at the same junction on my old commute, and both on my way in to work in good light), so I can sympathise with her. Even if the injuries are not too bad, it serves as a rather sharp reminder that cars are hard metal and their occupants are well insulated, whilst cyclists are not. On the road, a cyclist is dependant on drivers being diligent all the time. I've always known this, but such a forceful reminder really knocked my confidence, and this took longer to heal than my physical injuries.
In terms of claims process, your best move is probably to give the CTC (now Cycling UK btw) claims advisers (Slater Gordon) a call on 0844-736-8452. I didn't, but that was only because in both cases the drivers seemed absolutely mortified/in a state of shock that they had hit me, and (at that time at least) I had deep enough pockets not to worry about replacing stuff. So I can't say what the process is like.
I do agree with others who have said injuries may not be apparent for a few days or even weeks. Shock (adrenaline!) seems to be really good at hiding things, and swelling takes a while too.
Once again, I hope she recovers quickly. Glass half full, it could have been a far worse day.
No advice but I hope recovery is swift.
In terms of claims process, your best move is probably to give the CTC (now Cycling UK btw) claims advisers (Slater Gordon) a call on 0844-736-8452. I didn’t, but that was only because in both cases the drivers seemed absolutely mortified/in a state of shock that they had hit me, and (at that time at least) I had deep enough pockets not to worry about replacing stuff.
Amanda will be ringing them first thing in the morning.
As the woman showed no remorse or concern for Amanda's injurys despite having a smashed up face with blood all over it we will be doing everything we can to claim everything back.
Wrecked frame, skuffed up fork, helmet, oakleys and garmin watch will all be on the list just to start with.
I just can't get my head round how you can do that to someone then not even ask if they're going to be OK.
If helmet damaged be aware of concussion. I wasn't after mine and only became apparent a month or so later when it started to ease. Interesting article in last month's Rouleur about concussion and reading it was about the point I'd realised I was suffering.
Yep quite aware of the dangers of head injury.
We've me Lorraine and seen what it did to her.
https://www.pinkbike.com/news/girl-interrupted-lorraine-truong-head-injury-bmc-bikes.html
Sorry to hear this, hope all goes well and you’re back riding soon.
Healing vibes ✌️
Sorry to hear this and hope your wife mends quickly.
Need to check if her windscreen washers had water in. Loads of dust in the air now after days of hot weather coating windscrrens and bright sun with deep shadows due to roadside vegetatation being high. However many people dont fill washer bottles in summer thinking its just a winter thing. If she had dirty winscreen and empty bottle then you have her.
Sign on to STW for the first time in ages and see this. I remember seeing a variety nearly hit my missus on a ride and it's scary!
Heal well Amanda, hope you're back on your bike soon and the driver gets their just desserts.
I got caught by the sun in the eyes thing in the car on Friday. An issue was, car had been parked under trees and had tree goo on the windscreen which windscreen washer wouldn't get rid of quickly. I had to stop and clean it by hand. I suppose really I should have done that before setting off. Thing is, the tree goo was no problem at all until the direct sunlight hit.
CTC lawyers were quite slow to respond when I had a similar accident last year. Be patient if you want your free legal advice/claim (or go with someone else and pay). Definitely claim though, the burden of proof in a civil claim for damages is lower than a criminal case, so even if there is no successful prosecution, you should still get compensation.
Glad it wasn't more serious.
Hope she heals well. Had the same but was not catapulted, just absorbed all the energy in a dead stop. Had similar injuries and a lot more. Recovery took three months.
Watch that wrist. I had mine set, then three weeks later a consultant said it was at the wrong angle, and would need breaking and resetting once healed. I went private and had a plate put in two days later.
CTC use Leigh Day. They are experts in all aspects of cycle injuries. You have three years to make a claim. Mine is ongoing.
Wrist still gives trouble. Separated shoulder is an aero gain on the TT bike! I won’t be separating the other one if I can help it!
Sh*t - jut seen this Stu, which makes the comment on my post about 36s look a bit daft ("nothing too serious" etc). Anyway, really soz to hear this - obviously best wishes and a speedy recovery to Mrs Stu. Hope everything's sorted soon.
Glad she's reasonably OK - I seem to have several near misses every time I go near a town, it always seems like it's a matter of when, not if.
Get well soon Mrs Sstu, surely a good excuse for a new frame at least hey!
The A&E comment is so true as well, although guessing the A&E you might have ended up in, it more than likely resembled the bar from Star Wars anyway 😉
Hope Mrsstu gets better soon 😞
Assuming it does go to court, make sure you add as much information to your statement as possible, assume you are the only witness take plenty of photos and blag a screenshot of the location from Google maps satellite image. I witnessed a friend in a near fatal motorcycle accident and was shocked by how little evidence the prosecution presented.
do you still have the tandem.
First emergency stop on ours yesterday after car pulled out on us, must be something in the air 😞
If it can be presented in court as part of your statement, how about a video following the car's route at the same time of day and conditions?
Would be useful if it contradicts the 'sun in the eyes'.
Hope Mrsstu gets well soon. Horrible situation.
Just playing devils advocate for a second with regards to the 'sun in the eyes' situation.
How are all these people who are judge, jury and executioner managing to get around on anything other than foot if they so whiter than white.
1) Bike on road - Yep I have been blinded by sun on the bike. It just happens sometimes, regardless of sunglasses etc. Thankfully only a couple of seconds and no harm done. Coming over the brow of a hill or around a bend quickly and bam, cant see for a few seconds.
2) Car - Most definitely. So many hills and reflective surfaces (wet road), it doesn't just have to be a blatent sunny day for this to happen. As pointed out, tree sap, ice, water, even just washing your windscreen on a sunny day to get rid of the midges can result in dangerous levels of vision.
In my line of work we sometimes get asked by the police accident investigation teams to 'lend' them a particular vehicle if that is what was involved in an accident. It turns out we lent a truck on one where there had been a fatality. All the witnesses were adamant the sun wasn't a hinderance to anyone. Police took the truck to the accident location and bam, sun was right in the eyes of the truck driver who was sat another 10ft up just as he came over the brow of a hill.
You can plan for the worst and try to avoid as much as you can but in my eyes this is the kind of situation no one actually wants so its what insurance, thank god is there for.
What I would be utterly disgusted at is someone not showing compassion for someone they have knocked off a bike regardless of what happened. That's low.
Nasty stuff for Mr & Mrs SSS - hope you get a suitable outcome from it.
I’d be interested to know how the police would react if that motorist knocked a policeman off a bike and claimed she had the sun in her eyes,
What I would be utterly disgusted at is someone not showing compassion for someone they have knocked off a bike regardless of what happened. That’s low.
Thats what I just can't get my head around.
How could a woman in her late 50s be so callas when she could see Amanda's injuries.
My theory is that if she showed visible concern that might translate as guilt.
Hope Mrsstu gets well soon. Horrible situation.
Just playing devils advocate for a second with regards to the ‘sun in the eyes’ situation.
How are all these people who are judge, jury and executioner managing to get around on anything other than foot if they so whiter than white.
1) Bike on road – Yep I have been blinded by sun on the bike. It just happens sometimes, regardless of sunglasses etc. Thankfully only a couple of seconds and no harm done. Coming over the brow of a hill or around a bend quickly and bam, cant see for a few seconds.
2) Car – Most definitely. So many hills and reflective surfaces (wet road), it doesn’t just have to be a blatent sunny day for this to happen. As pointed out, tree sap, ice, water, even just washing your windscreen on a sunny day to get rid of the midges can result in dangerous levels of vision.
In my line of work we sometimes get asked by the police accident investigation teams to ‘lend’ them a particular vehicle if that is what was involved in an accident. It turns out we lent a truck on one where there had been a fatality. All the witnesses were adamant the sun wasn’t a hinderance to anyone. Police took the truck to the accident location and bam, sun was right in the eyes of the truck driver who was sat another 10ft up just as he came over the brow of a hill.
You can plan for the worst and try to avoid as much as you can but in my eyes this is the kind of situation no one actually wants so its what insurance, thank god is there for.
What I would be utterly disgusted at is someone not showing compassion for someone they have knocked off a bike regardless of what happened. That’s low.
All very well, but the impression I got from the OP was that the car didn't suddenly hit a blinding ray of sunlight whilst just driving along within the speed limit. More that there was a conscious manoeuvre when the driver couldn't see properly to make said manoeuvre safely.
If the impact was bad enough to wreck the frame and damage the forks, I'd not trust the handlebars, stem or front wheel and by the time that's replaced, you may as well just claim for the whole bike.
Being very generous, perhaps the driver was in some shock herself, (perhaps she was genuinely a cow bag)
Oh and of course, get well soon.
I really don't think its possible for the sun to be in your eyes on a flat road surrounded by houses at 5 in the afternoon at this time of year.
Thanks again for all the kind words
Think it best to just leave it for the police to deal with for now
Just to update this a little.
The woman's insurance company have contacted Amanda and told her that the driver has had a think about it and admits it was her fault...
They want her to sort the claim out ASAP.
Think we'll wait to see what the CTC people have to say first.
Not heard back from the police yet though.