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A lady from our club was hit by an overtaking bus.
The accident was well witnessed, the police attended and she was taken to hospital.
The bus did not stop.
Roll on a week and she made a follow up call to the police. She actually works with me. Anyway the long and short of it is that because the driver didn't know he had hit her there is nothing they can do.
Is that right?
Apart from that she has four independent witnesses, two of whom took the reg and one that is saying the driver was on a mobile. FTR it was an empty charter double decker bus.
... is that because the driver didn't know he hadn't her there is nothing they can do.
Is that right?
BS Shirley?
yep, rubbish. push it higher.
Ask for the contact details of the Chief Constable. This usually ensures a change in attitude, unless he's one of the ones who's been suspended or under investigation.
It's not beyond the realms of possibility that a bus driver could clip a cyclist after overtaking and not realise - if so, there's a defence to the failing to stop at an accident bit.
But it's not a defence to any carelessness/dangerous driving on his part in the first place.
So as above - I would be firmly and persistently querying the police response in these circumstances - several people seeing the bus hit her, higher and higher until something is done or a valid explanation for not doing so is given.
Escalate it within the police service.
'SMIDSY' isn't much of a defence in law.
Which police force is it?
So standard defence for car/bus/whatever drivers should be "what accident, what cyclist?".
FFS! Get medieval with their posterior.
Bus on a phone? If they prove that one its a possible jail sentence, apparently.
It's a defence if the driver can [i]satisfy the court[/i] that he was unaware that an accident had occurred.
So it's not quite as simple as saying 'I didn't know' to get off it. The court would have to believe you didn't know, which they aren't going to do if the circumstances suggest otherwise.
Eg.
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Keep pushing, firm but polite. It may well have been an accident but that has to be careless driving at the least and surely if the driver was spotted using a mobile that can be confirmed by a quick check of the call log on the drivers handset? And that is another offense in itself.
If the driver wasn't aware that he hit a cyclist, then that's further evidence of him driving without due care and attention, not an excuse to drop any action.
If I was back in the UK I would be a member of the CTC in order to get their legal protection, in this kind of case I think its useful to have a knowledgeable lawyer pulling strings on your behalf.
Go to the local press with it, that will get a reaction. Or say you will if you do not get a positive response next time police are approached.
If he didn't know he'd hit her that *may* be an excuse in law for failing to stop.
Not being aware she was there/hitting her in the first place is the real issue, though, surely?
This needs escalating. Let us know what happens.
Andy
The bus started to overtake so there's no excuse for saying he didn't know she was there.
But what's worse is knowing where it happened. I can say, hand on heart that I've never been overtaken there as it's too twisty. For a bus to try is plain reckless.
There's a tight left hand bend, 200' of straight and a tight right hand bend,
Was she actually told that there's nothiong the police can do, or that it would be unlikely that any conviction would result? Sounds like the police are just trying to get out of having to do some paperwork.
escalate, as already advised. Kick up stink.
Not a revenue generater for plod. plus it wont effect the 'crime clear up rate' Therefore gets shuffled to the bottom of the pile.
Kick up a stink with County police HQ .Let them know the facts, make it easy for them to deal with witness statments by providing names and contact details etc.
Hope your colleague is OK and the driver is dealt with accordingly.
Stick a rocket up their arse.
Threaten to go the press.
Contact the ipcc.
There have been too many cases of cyclists being hit and the police saying that nothing can be done. This leads to cyclists being treated like second class citizens, and motorists feeling imune from proscecution.
Take it up with your MP as well if plod are doing nothing.
I had to walk into a police station 10 days after being rammed by a car on a bike, and then assaulted, with witness - and ask to speak to police constable and for the complaints procedure. South Yorkshire Police were not interested...
Then someone looked into the case - ie ran the guys number plate - and I was contacted immediately as he was a local villain with a 'suspected' sheet as long as my arm, for which he had never been done.
He got a years sentence, came out and assaulted someone else within a week and was sent down for a good few more years. 😐
If I had not pushed it, they would not have bothered.
Go to a station, with a solicitor if needed or CAB and insist.
Have you reported it to the bus or coach comapny, in writing also ask for the cctv film from the bus, under the data protection act,they must provide it, most buses and coaches have it fitted,just incase of poor driving or malicious claims off other road users or passengers.
Dissatisfied with the Police responce? Use your MP, that's what they are their for.