Hit by car whilst cycling

billy2shots

A week ago today I had a fairly big accident.

I was cycling through a country village traveling at approximately 20mph (slight downhill section).
The road was arrow straight and it was light so all round visibility was good. Even so I always ride with lights on.

In the distance I could see a car coming towards me on his side of the road. Just as we reached each other he turned right and we collided. The impact was at about 30mph and I had no time to apply the brakes even though hands are always covering them.

My hands took the brunt of the impact but I was catapulted off my bike and my head smashed the windscreen and shoulder flattened a section of the roof. This caused me to somersault and land on my back and back of head a fair few metres down the road.

I was extremely lucky that there were lots of helpful people nearby some of whom were first aiders. I was pretty calm and joking whilst laying prone for what seemed like hours. When the ambulance arrived they obviously wanted to get me on a spinal board but being self conscious and stupid I decided to stand and hobble to the ambulance and then agreed to be strapped down.

The two local hospitals wouldn't take me due to the severity of the accident so I had a 25 mile trip to one that would.
I was quickly cleared off the spinal board in the Trauma Department and was asked what hurt. I said pretty much everything hurt but I'm pretty sure both hands are broken. They sent me down for X-ray on both hands. After the X-ray I was wheeled into a side room 'minors ' and told my left thumb was broken but no cast was needed due to where the break was. I asked about my right hand and wrist. They said all was good and I could go home. They let me use their phone to call for a lift.

So one hour after arriving, I was on my way home. I was asked in trauma if I was sick or dizzy but no checks were done on my head, not even follow my finger etc.
A little dazed I started to think on the journey home. Was that really the correct procedure for someone who put his head through a windscreen at 30mph?

My hands were in a right state so on Monday I booked to see my gp. She told me straight away something was broken in my right hand. X-rays were booked immediately for hands , shoulder and knee and on Tuesday I was diagnosed with two fractures in my right wrist.

Due to the impact on both hands I currently only have full use of 3 fingers on my left hands. My thumb is broken and index finger swollen with what looks like ligament damage. My right arm is in a cast.

Over the last few days I have gone from relief that it could have been a lot worse to anger at the driver and the first hospital for how I was treated. The police are investigating and the drivers insurance doesn't want to know at the moment. Guess that will change if he is done for undue care and attention.

My bike , hat and some equipment is ruined (£1200 when new) and I'm struggling with even the basics such as eating with a fork , can't do zips or buttons and no chance of written work for weeks. Obviously no driving so work and kids school pickups is causing massive issues.

I was trying to work through it all myself with help from family but I think it's time so get some legal representation. I feel like an ambulance chaser but it's getting a bit much now.

[Deleted User]

Hi billy2shots, you are NOT an ambulance chaser - you are suffering real detriment and deserve to be compensated for your injury and loss. Your description of the aftermath of your accident, specifically, sitting at home disabled, seriously inconvenienced with mounting anger, is identical to how I felt about 22 years ago when I was also injured through no fault of my own. My local branch of a famous high-street stationers was in dispute with their waste disposal service provider and their huge bins were overflowing. Walking past these bins I got my feet caught up in an uncut loop of that nylon box-securing tape and fell flat on my face. Long story short, I had broken my elbow and I ended up in A&E. The staff of the dry-cleaners next door were extremely helpful and took me in whilst I waited for my friend to collect me to go to hospital, so two days later my husband took me back their to get the clothes I had been wearing dry-cleaned and to thank them. We were absolutely incensed to see the stationer's bins still over-flowing with more uncut loops of nylon lying around to trip up members of the public. I was in my thirties at the time and couldn't stop thinking what would happen if an elderly person had my experience - broken bones in the elderly are no joke. So, my husband picked up one of the loops and we went into the store and asked to see the manager. With my arm in a sling (you can't plaster a broken elbow) I calmly explained to him what had happened and how dismayed I was to see their bins in this state. He apologised, explained about the waste disposal dispute, said he would have the mess cleared up by his own staff, and gave me his business card with their insurer's details on it whilst saying "If I could give you a thousand pounds myself, I would". It hadn't even crossed my mind up to this point that I could/should make a legal claim, but I was working as a contractor at the time so suffered immediate income loss through not being able to drive/work. Consequently, I came home, wrote a concise, factual account of what had happened (2/3rds of a side of A4), made a fixed-fee appointment with a solicitor (just £5 at the time!) and 3 weeks later had an offer of £6k for my injury and loss from the stationer's insurers (they would also cover my solicitor's costs so the whole £6k would come to me). I was happy to accept this, but my solicitor told me this was just their opening offer and he could get more (he didn't, but it didn't matter because I was happy with their offer in the first place). So, I would suggest you do the same as me - the account you've written here is almost perfect to take to a solicitor to get the ball rolling. Good luck!

billy2shots

Thanks Katy.
I think a solicitor is the way to go then. Not just for compensation reasons but to shoulder some stress as well.

I haven't mentioned but my work is my own business (with 15 staff on the site I manage). I've been getting lifts to work and doing a few hours a day, emails, suppervisions, Rotas etc.
I won't lose out financially but by the same token I HAVE to go in to do certain tasks. No chance to put my feet up and rest and recover.

Norman_Castle

When the ambulance arrived they obviously wanted to get me on a spinal board but being self conscious and stupid I decided to stand and hobble to the ambulance

For future reference for you and anyone else, thinking you look stupid for 20 minutes is better than being paralysed for life. Listen to the paramedics!


For a serious accident legal help would be wise. Its only ambulance chasing when the claims are farcical and money grabbing.

Manxman_in_exile

I'm a member of the Cyclist's Touring club (or whatever it's now called) and I would be asking their advice in your position. If you aren't a member (I assume you aren't) I'd be considering seeking legal advice about the accident itself. Some solicitors will offer 30 minutes free advice to give you an idea about where you stand with a view to suing the driver. I expect the driver will say "I didn't see him"! Can't comment on the pros and cons of "No win, no fee" or "Pay as you go"


You could also try posting on Consumer Action Group General legal issues board.


https://www.consumeractiongroup.co.uk/forum/305-general-legal-issues/


I sympathise with your experience of A&E, but not sure if you can do anything about it. (See my recent thread on the Health and Beauty board - "My experience of A&E"!)


EDIT: Did the driver give you his details including insurance policy? Isn't that a legal requirement after a road collision? I'd be making a claim against his insurance (subject to getting legal advice). Might be worth asking on the insurance board as well. Also was it reported to the police. You did suffer injuries.

billy2shots

Norman_Castle wrote: »

For future reference for you and anyone else, thinking you look stupid for 20 minutes is better than being paralysed for life. Listen to the paramedics!


:.

I wholeheartedly agree.

I have a fair amount of experience and training in emergency aid and carried out a self assessment whilst waiting for the ambulance.

It's still wise to let people do their job though.

Manxman_in_exile

And you aren't an ambulance chaser (at least in respect of the driver). A&E is a bit more complicated as medical negligence claims are tricky and expensive.


If you have suffered as a result of misdiagnosis you may have a cause of action against them. (I know people who feel guilty about suing the NHS, but as a former NHS manager of 25 years, I would have no hesitation in suing them if I'd suffered further injury as a result of their - lack - of treatment.).


You need legal advice.

missile

Sorry to hear about your incident. Maybe invest in a camera if and when you are able to go back riding.

I too suffered an accident. There were many witnesses, but the driver was not prosecuted as the police did not take witness statements. I suppose I could have sued them?

I sued the driver and got compensation for my injuries and loss of earnings. It was a long and difficult process, which added to the trauma I suffered. It is expensive but vital to get a good solicitor and a good barrister when the other party denies liability.

Manxman_in_exile

missile wrote: »

Sorry to hear about your incident. Maybe invest in a camera if and when you are able to go back riding.

I too suffered an accident. There were many witnesses, but the driver was not prosecuted as the police did not take witness statements. I suppose I could have sued them?

I sued the driver and got compensation for my injuries and loss of earnings. It was a long and difficult process, which added to the trauma I suffered. It is expensive but vital to get a good solicitor and a good barrister when the other party denies liability.

OP - did police attend or just an ambulance? Witnesses and witness statements? Was the collision reported to police at all?

parking_question_chap

OP sorry to her this happened to you, but im not sure if your post is just a statement or if you are asking for any advice.

billy2shots

Manxman_in_exile wrote: »

OP - did police attend or just an ambulance? Witnesses and witness statements? Was the collision reported to police at all?

Police were called. 1 witness saw everything 1 saw me flying through the air after the loud noise.

Policeman spoke to me in the ambulance and the driver and witness at the roadside.
The PC has since contacted me for injuriy info and to complete a document outlining my version of what happened. I can only presume the same document was sent to witness and driver. PC told me he will reinterview the driver next week.

The driver blamed sun in his eyes at the roadside but did not deny fault. Who knows now. Fairly clear cut imo, crossed the centre line to turn right causing a collision. The what's, why's and wherefore's are secondary.

The PC was heard to say 'that's different to what the driver said' when talking to the witness. I put that down to speed as the witness told everyone huddled around me that they guy was going a bit quick whilst we were waiting for the emergency services. I honestly couldn't comment on speed as we were traveling toward each other so it's hard to judge.