Road accident and prosecution ?

steady__eddie

On Monday, I was cycling home (on the road for a change) when a white van man came out of a side street and knocked me off my bike. I landed on my back and the bike departed a distance away. Fortunately for me, several pedestrians including a paramedic in the paras came to my assistance and restrained me on the pretext that I may have injured my spine and the recovery position was a definite no no. After about 40 minutes an ambulance arrives and safely strapped onto a stretcher with matching neck brace we depart for hospital. The outcome is that nothing is broken but some bones could be cracked, according to the doc X rays cannot show cracked bones. I was sore but able to walk with not too much difficulty and the doc said that has I was not living on my own then she would discharge me and gave me some painkillers.
When I was about to leave the hospital the police turned up and asked me what I wanted to do re the driver. They had ascertained that I was in no way to blame and they asked if I wanted the driver prosecuted. I was taken aback at this, off the top of my head I said that I that I did not wish to have him charged but I would like recompense for any damage done to my bike but I would not be able to view my bike until Thursday (today). He said that he would ring me at 10 p.m. on Thursday when he comes on shift. He did say before leaving though that should I decide not to bring charges and I subsequently suffer problems from from these aforementioned non-visible cracked bones, then any possible future claim would almost certainly fail. I don't consider myself to be a part of the compensation culture, my back is not too bad now and there has been no tingling in any of my extremities. I just would like a new back wheel and I promose to ride on the pavement in future.
When this guy rings tonight, will he be able to supply me with details of the driver/firm ? Am I correct in assuming that it will be a small claims job ?
I must admit that I'm not looking forward to the paperwork. Any advice would be appreciated.

dacouch

The police not prosecuting the driver will have no effect on your claim against them although if they do prosecute him it will does normally immediately prove he was in the wrong.

It sounds like their are witnesses which will help any claim against the other driver.

Are you a member of a union as they may include legal cover for injury claims or you may find it on your home insurance, alternatively you can take your chances with a no win no fee solicitor or deal with the other Insurer yourself (They may contact you directly if they realise they are at fault).

steady__eddie

Being new to this type of situation, I assumed that the police always prosecuted in cases like this. Several people witnessed the accident including a neighbour who relayed to me what other witnesses had told he police.
Non-unionised workplace and rented accomodation with very few material possescions so no home insurance.

sindygirl58

do you live in scotland or england? Makes a difference re legal comp.

C_Mababejive

Surely it is for the Police to gather evidence, interview witnesses and then decide whether they wish to prosecute? I mean,if for example, someone burgled you and was caught in flagrante,in your house,with your plasma under his arm,would the Police ask you if you wished to prosecute?

I suspect they are simply trying to shortcut their admin pile and if you decline then the inference is that you accept that you share some of the responsibility for the accident, i.e you were partly negligent.

I would advise that you simply appraise the Police of the cirs, give a written statement,and leave them to decide as to whether to prosecute.

You must also take take off work to recover, visit your GP,make him aware of your accident and subsequent afflictions and then launch your claim. To assist,you must go and photograph the scene from many angles,write down precisely what happened,gather statements from witnesses etc. Its not personal,its just business.

Lirin

Nothing to add constructively, but glad you're alright.

Strider590

What happened following the incident? did the driver stop? (often they don't stop after hitting cyclists)

I think if the driver was apologetic and made a genuine mistake then ok fair enough, but if he was on a mobile phone or tried to make a getaway afterwards then you owe it to all cyclists to have this person prosecuted.... Next time he could kill someone!! maybe a child? maybe an OAP?

I think all company vehicles should carry decals to allow quick identification of the owner.... That INCLUDES company cars.

TonyMMM

steady__eddie wrote: »

Being new to this type of situation, I assumed that the police always prosecuted in cases like this. Several people witnessed the accident including a neighbour who relayed to me what other witnesses had told he police.
Non-unionised workplace and rented accomodation with very few material possescions so no home insurance.

Police don't prosecute anyone these days ...the CPS do. The role of the police is to gather the evidence by taking statements, making arrests, interviewing suspects etc. They can lay charges or issue a summons , but it is the CPS who decide whether the case gets proceeded with at court based mainly on the probability of getting a conviction.

If you, as the "victim", don't want to assist in that process it wouldn't stop a prosecution if there are other witnesses who are willing to make statements and attend court , but would usually make the case a lot weaker ....hence the question from the officer.

The CPS can make an application for damages in court on your behalf if the driver is prosecuted (and convicted) but these would normally only be for actual damage to your bike etc ....not the type of injury claim a personal injury lawyer would go for.

Police would not take any part in your claim for injury/compensation from the driver (other than supplying a copy of any accident report to you or your solicitor if asked).

steady__eddie

"do you live in scotland or england? "

England.

"You must also take take off work to recover"

I'm on my hols, I always have August off and haven't booked in anywhere. I usually go on a few day trips out and go up to the Edinburgh festival for a few days. I agree that it would been a different proposition if I had not been on holiday but I'm able to do the same things now that I would have done if the accident had not have happened i.e. sitting in the greenhouse watching tht grapes grow and the tomotoes ripen. The bruises are now coming out and my mobility is better.

"What happened following the incident? did the driver stop?"

Yes he did stop and said something in an apologetic manner but I cannot recall what it was due to my disorientated state at the time. He could not have reversed because there was a vehicle behind him and if he had moved forward, he would have had to negotiate the obstacle that was my body.

Thank you TonyMMM for explaining the ground rules in such a way as I am able to comprehend them. I am tempted to advise the police to go ahead on the prosecution front when you state,

"The CPS can make an application for damages in court on your behalf if the driver is prosecuted (and convicted) but these would normally only be for actual damage to your bike". This is all that I want, you say that the CPS can make an application i.e. it is not automatic. I would have to instruct them to do so ? Three competive quotes or can I pop down Halfwits and buy a new wheel keeping the receipt ?
All this of course assumes a successful prosecution.
Thank you all for your input especially Lirin for your comment.