Jump to content

To hospital we go!


emmajaneg
 Share

Recommended Posts

Just out of interest, how do you have a head on collision with a trailer?

Okay so, it was on the left side of the road (looked like it was parked) I go to overtake it. There is a man stood on the toad waving but I didn’t realise that the trailer was actually reversing into the road and I couldn’t slow down in time, so I went into the corner of it, flipped over handlebars and fell on my bum! I thought it was my fault but I have been told it was there’s, as they shouldn’t have been reversing on a A road

 

sorry to hear .

as for liability i will be the awkward sod and think you will be held liable .

There is no law about not reversing on a a road .

From your words you saw the vehicle but you didn't see the attendant warning you and your words couldn't stop in time .


Really hope you mend quickly but be prepared for the worst re insurance wise .


https://www.highwaycodeuk.co.uk/using-the-road-reversing.html

Link to comment
Share on other sites

There is a man stood on the toad waving

 

What was the toad waving at? And why was a man standing on it? :scratch:


I would say this is sufficient mitigation to get you off the hook: either you were temporarily distracted by this bizarre spectacle, or you were having an unexpected acid flashback. Don't worry about relying on recreational drug use as a defence in court - most judges enjoy a bit of Charlie in their spare time, so if they pretend to be shocked just ask them when they last snorted coke off a naked hooker.


:thumb:

Link to comment
Share on other sites

Sorry to hear of your accident. I'm catching up having been at our local hospital all night where my mum has been taken with symptoms of a heart attack. Knees can be painful, and the day after you finds all the sore bits you didn't notice the day of the accident.


Trailers can catch you out. I remember towing a boat trailer with no boat on it but fitted with lights and trailer board. I stopped at traffic lights and the lady behind rammed straight into the trailer. She said it just didn't register with her as she was focused solely other car. The back end of a combination boat trailer is something you really don't want to come into contact with!


Hope you mend soon.

Link to comment
Share on other sites

and the day after you finds all the sore bits you didn't notice the day of the accident.

 

Make sure you complain about every little injury, when I was in all hospital cared about was obvious leg injury, I didn't bring up minor aches and pains elsewhere at the time but some of these have gone on to be more severe now and having to go through referrals via GP which takes forever, wish I complained more while at hospital and would had been more likely diagnosed and sorted earlier.

Link to comment
Share on other sites

and the day after you finds all the sore bits you didn't notice the day of the accident.

 

Make sure you complain about every little injury, when I was in all hospital cared about was obvious leg injury, I didn't bring up minor aches and pains elsewhere at the time but some of these have gone on to be more severe now and having to go through referrals via GP which takes forever, wish I complained more while at hospital and would had been more likely diagnosed and sorted earlier.

 

True that, nowhere near as bad but when I had my incident I mentioned earlier when I was discharged I was still on the initial pain relief I was given at the scene and generally putting a brave face on things. My wife asked about pain relief and they glanced at me and said I looked fine.


Until a few hours later and I was in agony, honestly every bit of me hurt. My wife called NHS non-emergency and was told I'd have to be taken back to A&E/minor injuries for a prescription as it was now past midnight. Cue ten miles of absolute agony in the car (by now I was classing any minor road imperfection as a craterous pot hole), for a doctor to ask me to go back over what had happened and then start lecturing me on the dangers of cycling. She got short shrift, pretty much "cut the lecture and just prescribe me something for this pain".


Looking back I wish I'd been less stoic and been belligerent and asked to be prescribed something before leaving hospital, because that pain and then the journey back in was no fun at all. Make sure you do the same.

Link to comment
Share on other sites

There is a man stood on the toad waving

 

What was the toad waving at? And why was a man standing on it? :scratch:


I would say this is sufficient mitigation to get you off the hook: either you were temporarily distracted by this bizarre spectacle, or you were having an unexpected acid flashback. Don't worry about relying on recreational drug use as a defence in court - most judges enjoy a bit of Charlie in their spare time, so if they pretend to be shocked just ask them when they last snorted coke off a naked hooker.


:thumb:

 

Were there adequate warning signs on display ? 😆

s-l300.jpg.ab73e11bda26389013bfd6681c0e1632.jpg

Link to comment
Share on other sites

sorry to hear .

as for liability i will be the awkward sod and think you will be held liable .

There is no law about not reversing on a a road .

From your words you saw the vehicle but you didn't see the attendant warning you and your words couldn't stop in time .


Really hope you mend quickly but be prepared for the worst re insurance wise .


https://www.highwaycodeuk.co.uk/using-the-road-reversing.html

 

As I am sure the legal experts on this site will confirm, this is a case of what is called strict liability and lack ofduty of care on the part of the driver reversing the trailer, and there is quite a bit of case law on crashes of this nature and the Highway Code has very little bearing.


The other side will try and alledge a degree of contributory negligence, but it is unlikely to succedd


(I will add the caveat that this of course is always depending on the evidence and all the circumstances being known) but a rider on the major carriageway hit by someone r somethin g emerging from a driveway, junction or entrance will always have primary liability in their favour.

Link to comment
Share on other sites

It's hard to tell, I can't work out who was exactly where, trailer and car parked on left, rider goes to pass, trailer has some one watching who may have been trying to warn rider and other road users, was trailer intentionally cutting into the road in reverse or was it poor reversing and they were going in wrong direction with rear of trailer,(it amazes me the stupidity of some folk with trailers and caravans)


Without all the facts I don't think anyone can say who was at fault.

Link to comment
Share on other sites


Without all the facts I don't think anyone can say who was at fault.

 

Hence my caveat.


But even then, primarly liability still lies with the driver of the trailer vehicles, and which is why I mentioned "Contrib" as the other side will try it on to reduce their degree of liability, and secondary liability may also rest with the person warning approaching traffic.


And the secondary liability issue in such cases has happened a lot in recent years.

Edited by TC1474
Link to comment
Share on other sites

It's hard to tell, I can't work out who was exactly where, trailer and car parked on left, rider goes to pass, trailer has some one watching who may have been trying to warn rider and other road users, was trailer intentionally cutting into the road in reverse or was it poor reversing and they were going in wrong direction with rear of trailer,(it amazes me the stupidity of some folk with trailers and caravans)


Without all the facts I don't think anyone can say who was at fault.

 

As a rider you always have to think everyone is dumb and always have to believe that car/truck/trailer etc is going to pull out. Believe your invisible basically and a lot of potential accidents can be avoided.

Link to comment
Share on other sites

It's hard to tell, I can't work out who was exactly where, trailer and car parked on left, rider goes to pass, trailer has some one watching who may have been trying to warn rider and other road users, was trailer intentionally cutting into the road in reverse or was it poor reversing and they were going in wrong direction with rear of trailer,(it amazes me the stupidity of some folk with trailers and caravans)


Without all the facts I don't think anyone can say who was at fault.

 

As a rider you always have to think everyone is dumb and always have to believe that car/truck/trailer etc is going to pull out. Believe your invisible basically and a lot of potential accidents can be avoided.

 


I'm well aware of treating every one else as a possible cause of your own demise, however as em has already had said accident no amount of hindsight is going to help her at this moment in time.


Hopefully this is her last off.

Edited by Bender
Link to comment
Share on other sites

@[mention]TC1474[/mention] nice to see you back :)

As you say without being there or having every minute full factual detailed its impossible to answer . However

I think if you prepare for the worst it can only get better from there .But that's what i was told by my mate down the pub .


i was going by their words regarding seeing vehicle and presumed it being parked so presumed it was not emerging from a driveway or such but on the carriageway .

Link to comment
Share on other sites

Well I say its the driver /trailer fault for one he /she had stopped as there was another vehicle this case a bike I would say the driver did not see the bike . Because if he or she had then they would have NOT reversed in to the road . .just for sakes . Say the biker now is a 40 foot Articulate lorry is coming towards the car and trailer NOW would the car driver reverse this trailer out in front of this juggenought ....


because it will stop for me .. NO he/she is not they going to wait .


The person who was standing on the toad

Are they going to I'm going to stand on this toad and make this artic lorry stop

he will stop . NO they are not they both going to wait till it passes

so what the difference lorry car bus bike the car /trailer should have waited form you to pass . They didn't see you so then went back on to the road and hit you .. there fault 100%


You seen them . You went to pass in say you indecated checked over shoulder. Mirrors and then moved to pass then the trailer hit you. There fault..

As for injuries every bit of pain you tell the doc about it ..


My bro in law went to over take a bus /coach as he got to the back just as he passed it the bus/coach pulled out forcing him to hit the bus and shoved the bike to the right and crashed .100% bus fault .


But my bro in law damaged his shoulder he was rushed to hospital they said broken ok we sort it anything else no just that got few stiff aches that it arm sore so all plastered up . Fixed his shoulder then it didnt get better . Went back to check it he had snapped the tendons in his arm now he can only lift his right arm up farnhis sholder hight . Because he didn't tell them all his aches..

Link to comment
Share on other sites

Right, since [mention]TC1474[/mention] has shown up I'm just hijacking this thread for a minute to ask a question my son asked me the other day: What do motorcycle cops do in winter when it's too snowy to ride? I said "Paperwork, probably" but he wasn't convinced. :D

Link to comment
Share on other sites

@@TC1474 nice to see you back :)

As you say without being there or having every minute full factual detailed its impossible to answer . However

I think if you prepare for the worst it can only get better from there .But that's what i was told by my mate down the pub .


i was going by their words regarding seeing vehicle and presumed it being parked so presumed it was not emerging from a driveway or such but on the carriageway .

 

No he didn't, that's what I said.


Any hoo this is a get well soon thread not let's apportion blame thread.


[mention]emmajaneg[/mention] Did surgery go OK?

Link to comment
Share on other sites

Not good :( hope not too serious. Get well soon.

 

I hope not too, have to have surgery tomorrow but all should be well, thank you!

 

Good to hear :thumb:


Make the most of your NI payments and take it easy, what are they doing?

 

Thank you! I’m out of surgery now, I had to have the wound washes out throughly and sewn up as it was so deep, and I’m well now! Thank you for asking

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

  • Welcome to The Motorbike Forum.

    Sign in or register an account to join in.

×
×
  • Create New...

Important Information

Terms of Use Privacy Policy Guidelines We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.

Please Sign In or Sign Up