# New bike yesterday, Accident today.



## KennyGray (30 Aug 2010)

Hi all just sharing my despair, got a new Spec Setuer sport yesterday my first road bike since i was a kid. Decided to go a run this morning, coming out of West Calder A71 i was carring along the main carrigiagway when a car stops at the give way to my left ahead. I look at the driver and think she has saw me as i approach she pulls straight out in front of me.
This results in me hitting the front wing and flying of the bike resulting in the damage to the car above by myself hitting it. Luckily i did not suffer any serious injury just impact to my shoulder a back along with a few cuts in various places.
Got to say im glad i had a helmet on as it was quite damaged when it was taken off.
The ambulance crew were great taking me to Wishaw General with the full bhoona, spine board collar the lot as a precaution.
Police got plenty of witnesses so getting the bike fixed shouldnt be a problem but gutted on my first decent run that i was enjoying ended this way.


----------



## Peter10 (30 Aug 2010)

Firstly I'm glad you are OK. Secondly... OUCH! that looks like some impact. What sort of speed would you say you were doing? My main concern has always been cars pulling out on me like that as most drivers don't consider a cyclist against a curb but think about the middle of the road to see what is coming. Touch wood, I've had no issues yet even on a few long rides this week. 

I hope this doesn't turn into a "all drivers are evil" thread but I do hope she is prosecuted for driving without due care and attention. 

I hope you get your bike back soon and it doesn't put you off cycling.


----------



## Eddie (30 Aug 2010)

Glad to hear you're safe! Take it easy and hope you feel better soon. 

If I were in your position I would definitely be thinking about a personal injury claim!


----------



## PaulSecteur (30 Aug 2010)

Glad to hear you feel OK, that looks like one hell of a hit.

Be wary of any niggling ingurys that show up over the next few days and make sure to report them.

Also, I dont know what condition your bike is in, but it looks more like a replacement than repair from the state of the car.


----------



## HonestMan1910 (30 Aug 2010)

Not a good one, glad you are okay.


----------



## KennyGray (30 Aug 2010)

Peter10 said:


> Firstly I'm glad you are OK. Secondly... OUCH! that looks like some impact. What sort of speed would you say you were doing? My main concern has always been cars pulling out on me like that as most drivers don't consider a cyclist against a curb but think about the middle of the road to see what is coming. Touch wood, I've had no issues yet even on a few long rides this week.
> 
> I hope this doesn't turn into a "all drivers are evil" thread but I do hope she is prosecuted for driving without due care and attention.
> 
> I hope you get your bike back soon and it doesn't put you off cycling.




Thanks Peter the girl genuinly didnt see me i dont know how im 6'4 wearing a bright yellow jacket. I dont really hold any malicious thoughts against her she did phone and apoligise today . Must have only been doing about 15mph but being 18 stone i guess that why the impact looks worse, Been cycling for 5 or 6 years to and from work but this was my first dable in trying to go further with a half decent road bike and my first real accident.
It wont put me off cycling thats for sure.


----------



## BinBag (30 Aug 2010)

I echo everything already said - glad you're ok.

You know, no matter how many precautions I take, it always feels like they're going to pull out on you. I try to look them directly in the eyes, but you can't guarantee that's going to work.

Hope you get your bike fixed PDQ and you're back on the road.

BB


----------



## Globalti (30 Aug 2010)

Wow! Spectacular! Glad you're OK. I'm sure the Police will press charges.


----------



## KennyGray (30 Aug 2010)

Paulkraken said:


> Glad to hear you feel OK, that looks like one hell of a hit.
> 
> Be wary of any niggling ingurys that show up over the next few days and make sure to report them.
> 
> Also, I dont know what condition your bike is in, but it looks more like a replacement than repair from the state of the car.



Dont know the state of the bike its at the police station have to pick it up the next couple of days.
Contacted lawyers today that i have access to through my trade union and gave them the details.


----------



## moggsy100 (30 Aug 2010)

Ouch.... nasty pic but like you say kenny prob looks worse than the reality.... glad your ok anyway pal... hope your bikes not too badly damaged and you can get back riding again soon...


----------



## Eddie (30 Aug 2010)

KennyGray said:


> Dont know the state of the bike its at the police station have to pick it up the next couple of days.
> Contacted lawyers today that i have access to thruogh my trade union and gave them the details.



If you get some compensation you could put it towards something slim, Italian and carbon. Every cloud...


----------



## KennyGray (30 Aug 2010)

Eddie said:


> If you get some compensation you could put it towards something slim, Italian and carbon. Every cloud...



Aye and some new shorts still picking small bits of glass out my arse.


----------



## Peter10 (30 Aug 2010)

Any pictures of the bike?


----------



## KennyGray (30 Aug 2010)

Peter10 said:


> Any pictures of the bike?



Its at the police station need to get it picked up in the next couple of days.


----------



## Cheule (30 Aug 2010)

Ouch! Glad to hear you're okay and not put off, here's to a speedy recovery for you and your bike!


----------



## sarahpink (30 Aug 2010)

Glad your okay, how awful on your new bike.looks like quite an impact. Hope you don't feel too sore in the next few days.


----------



## KennyGray (30 Aug 2010)

sarahpink said:


> Glad your okay, how awful on your new bike.looks like quite an impact. Hope you don't feel too sore in the next few days.



Thanks guys having a couple of beers and some chocolate to make me feel better


----------



## HLaB (30 Aug 2010)

Glad you are OK Kenny. I think some idiots look see its a bike, assume it won't hurt them/ can stop on a sixpence and pull out


----------



## HJ (30 Aug 2010)

KennyGray said:


> Thanks Peter the girl genuinly didnt see me i dont know how im 6'4 wearing a bright yellow jacket. I dont really hold any malicious thoughts against her she did phone and apoligise today . Must have only been doing about 15mph but being 18 stone i guess that why the impact looks worse, Been cycling for 5 or 6 years to and from work but this was my first dable in trying to go further with a half decent road bike and my first real accident.
> It wont put me off cycling thats for sure.



Ah yes, the well know invisibility cycle cloak, or hi viz to the rest of us. You can wear Hi Viz, but you can't make a driver see (unless you are Jesus)...


----------



## Arch (30 Aug 2010)

Yikes! That's a real bummer, on a new bike too.... Must have been a very nasty moment as you realised it was going to happen.

With a bit of luck, that's one woman who'll have learnt a very important lesson. It's unlikely that she didn't see you, rather that she didn't LOOK properly - with the possible excuse that the windscreen pillar got in the way - but that's not an excuse, because you shouldn't pull out without checking all your blindspots, by shifting head and body if necessary, and looking twice, three times, not just once. Hopefully, if she really is apologetic, she'll be careful in future. And the fact that you've totalled her windscreen on the way over helps - it's not something she can just polish out and forget.

I gather that the advice in this situation is to keep records (photos, if applicable) of your injuries and bruises, and any expenses you incur (travel etc). Stuff can flare up later (fingers crossed, it doesn't). And while it's good not to be vindictive, don't let the driver's contrition persuade you to settle for less than a fair settlement. 

I hope you heal quickly. Keep eating the chocolate.


----------



## KennyGray (30 Aug 2010)

Cheers Arch, dont worry i intend to get a fair settlement out of it.
Thanks for the good advice.


----------



## NormanD (30 Aug 2010)

Wow that looks like some impact damage to the car, so glad to see you came out of that relatively unscathed (could have been far worse judging by the photo) I hope the injuries you sustained heal quickly   

Best wishes kenny in sorting out the insurance and compensation


----------



## HLaB (30 Aug 2010)

NormanD said:


> Wow that looks like some impact damage to the car, so glad to see you came out of that relatively unscathed (could have been far worse judging by the photo) I hope the injuries you sustained heal quickly
> 
> Best wishes kenny in sorting out the insurance and compensation



It does indeed, I hoping that it was designed to fail like that and absorb the force of striking a bike 

Just to repeat things, Best Wishes Kenny


----------



## giantscr2.0 (30 Aug 2010)

Kenny, Welcome to the Forum.
Such a shame your first post is to do with an accident. Hoping you have a speedy recovery mate.
I think today has been National SMIDSY Day!!


----------



## bauldbairn (30 Aug 2010)

Sorry to be so late, just read this thread.

Geez that does look like some impact!  

Wishing you a speedy recovery - as everyone else has already said.  




Oh aye and welcome to the forums by the way.


----------



## killiekosmos (30 Aug 2010)

Sorry to read about your accident. You are handling it rather well considering the scale of the incident. I hope you recover quickly and get a new bike. Hopefully the driver has learned a major lesson too.


----------



## mgarl10024 (30 Aug 2010)

Hi Kenny,

Sorry to read this news. Really annoying that it's your new bike too!



KennyGray said:


> It wont put me off cycling thats for sure.


That's the main thing.

Best of luck with your recovery,

MG


----------



## snorri (30 Aug 2010)

KennyGray said:


> Thanks guys having a couple of beers and some chocolate to make me feel better


I like it.   

Beers and chocolate could be your best protection, judging from the damage to the vehicle. 

All the best for a speedy return to cycling.


----------



## chewy (30 Aug 2010)

Woah! What a way to make a forum entrance!
I agree with all the above comments. No doubt the driver *just* didn't think or see you, but a new bike is the minimum you should expect B-).
I dont think she'll do it again soon though!
Oh......and welcome!


----------



## kewb (31 Aug 2010)

makes yer blood run cold that op glad to hear your ok .


----------



## KennyGray (31 Aug 2010)

Thanks for the support guys, got the bike back this morning with all the visable damge at the front, buckled wheel, broken fork and damaged gear/brake lever.
Taking it into dales this week for them to prepare a quote for the damage.
Cheers Kenny.


----------



## Banjo (31 Aug 2010)

Hi Kenny glad yopu are OK .With a bike that new I would want another new one not the old one fixed.

I recently had a woman pulled out in front of me in a similar situation but luckilly I had seen that she didnt look right once so had slowed down! If i was an HGV she would have been crushed , as it was I stopped a meter short of her door.

Good Luck with all the legal crap and hope your back on the road soon.


----------



## bauldbairn (31 Aug 2010)

Banjo said:


> With a bike that new I would want another new one not the old one fixed.


+1 

I'd imagine with the trauma the frame has suffered from impact it'll be a right off!!!  

They'd really need to strip the paint to test the frame properly for cracks - far too labour intensive. No shop / engineer would want to accept the responsibility of signing it off "fit for use."

Best you just concentrate on getting better and let your union lawyers sort this one out.

All the best.


----------



## Ticktockmy (31 Aug 2010)

looking at the damage to the forks, I would go for a new bike, I would think that the joints around the headstock will have been stressed, and could fail anytime in the future, just a thought. 
I hope the aches and pains have not been to bad.


----------



## Paul_L (31 Aug 2010)

+1 to all the above.

Deffo a new bike, not a repair.

Hope you've not been too sore today.


----------



## 661-Pete (31 Aug 2010)

Well as we always say the rider is worth a million times more than the bike! Glad you seem to be more or less OK but watch those bumps, bruises, aches and pains! Looking at your photos, obviously the forks are a write-off but I'm not sure I like your head tube - can't really tell from the photos but it may have got distorted. The bike shop will tell you for sure, if so it means a new frame and therefore probably a new bike.

Another SMIDSY - *sigh* - and you suggest from your post that the driver was a fairly young woman. There we go again - I can't help having a go at the younger drivers - of either gender - amongst us, who seem to bring so much of the grief on the roads. The driver to blame for the accident I witnessed - but wasn't involved in - a few months ago, was a young woman - barely out of her teens I reckon. The innocent party was a man in his fifties. Call me 'youth-ist' if you must!
Anyway, best of luck!


----------



## HLaB (31 Aug 2010)

KennyGray said:


> Thanks for the support guys, got the bike back this morning with all the visable damge at the front, buckled wheel, broken fork and damaged gear/brake lever.
> Taking it into dales this week for them to prepare a quote for the damage.
> Cheers Kenny.



Thats no damage its only a scratch, good for another 5000miles 

Seriously though, I'd push for a new bike thats beyond comfortable repair and think on the positive the bike/ car took all the impact and not your bones!


----------



## Kenny Gray (31 Aug 2010)

Too right guys, i think yesterday i was still in a bit of a strange mindset. Today even in the car i felt a bit apprehensive in a car with someone coming on to the carriageway i was on.
The junction that the accident happened at is a wide junction with good visability from the direction that i was approaching how she never saw me i cant explain, the size of me and colour of clothes i was wearing.
After the adrenelin wears of i think it focuses the mind.
The aches and pains are a wee bit more today mainly whiplash type pains in the neck.
Thanks for all the advice and kind regards, 
Kenny.


----------



## Crankarm (31 Aug 2010)

Glad you are still alive. The damage to the car looks nasty indicating you made quite an impact.

You had a new bike before she drove into you. It is only right that she, or her insurers, provide you with another new bike. The law says you should be returned to the position you were prior to the collision. Therefore a replacement bike, not a nearly new repaired one, is what you should seek and obtain.

Get down to your GP asap to have all your injuries documented. Also DO NOT try to soldier on ie start riding another bike or playing football until properly healed. Give your injuries time to manifest and heal properly. This is most important as any mistakes at this point in terms of compromising your recovery will probably remain with you for the rest of your life. You can't compromise your health. So take it easy. 

If I were you, which I am not, and I had hit this car with force you appear to have done I would DEFINITELY be in shock and most likely be suffering from Post Traumatic Stress Disorder. A diagnosis of moderate to severe PTSD can mean quite a sizeable amount of compensation in addition to any physical injuries. You will of course have to see a consultant pyschologist. This will be some time in the future. But your solicitors should explain all this to you. Your claim will also include PSLA - pain suffering and loss of amenity. The first bit is self explanatory. The second is if you have residual symptons or any impairment which affects your life in the short term and more importantly in the long term. But a consultant will be assessing you, your injuries and writing a report which the solicitors will argue over no doubt. When you are assessed by the consultant(s) you should tell them all that you are and have been suffeing especially acute pain. But as I say they should find all this out from you anyway during their examination.

You will probably get your bike sorted quite quickly and any other damaged items replaced which the other side's insurer may well make interim payments to cover plus other out of pocket expenses. Any civil case you bring against the driver will take some time, sometimes years, as injuries can take some time to heal and for prognosis to become clear. Also any prosecution for motoring offences will take place first as when she is found guilty, a criminal conviction counts as prima facie evidence of negligence in a civil action so the other side will NOT be able to dispute liability so the only room to disupte your claim will be over the severity of your injuries to minimise their payout to you.

Keep a written diary and take lots of pics. Log and minute all calls with any one involved in your case, including with your own solicitors, least they try to shaft you for costs. I know you said your Union have taken on your case, but they will pass it to their solicitors who will take you on a conditional fee agreement and whose costs will be paid by the other side's insurer. The more costs they rack up the less compensation that will be available for you. I know it's not supposed to work like this but in reality there is a total fixed amount your case is worth to include your compensation and costs.

But above all take your time to heal, don't go prematurely busting a gut when you shouldn't be.

I think you were very lucky not to be more seriously injured, paralysed, even killed. Your helmet must take some credit. You will need a replacement. Make sure you get a top of the range one in a colour to match your kit and bike.

Oh and regards the replacement bike. Just because you are claiming for a replacement bike doesn't mean you will be riding it at this stage. Of course you very much hope to be, but your physical injuries and PTSD might prevent this in the immediate future so you can legitmately keep it as a new bike or sell it if you decided to. This has nothing to do with the other insurer. If you are unable to cycle because of your injuries phsical or mental then you are entitled to claim for travel costs above which you would have had if the defendant hadn't driven into you, ie if you have to take public transport, taxis or your other half/mum or dad has to ferry you around.

HTH.


----------



## Kenny Gray (31 Aug 2010)

Thanks Crankarm, a lot to take in but some things to think about, many thanks.
Kenny.


----------



## Number14 (31 Aug 2010)

Ticktockmy said:


> looking at the damage to the forks, I would go for a new bike, I would think that the joints around the headstock will have been stressed, and could fail anytime in the future, just a thought.
> I hope the aches and pains have not been to bad.




The head tube has definitely been damaged. On the photos, the gap at the front between the bottom cup of the headset and the tube is wider than the gap at the back which indicates that the bottom of the head tube has been flared = buggered.

New bike time.


----------



## Scoosh (31 Aug 2010)

Kenny Gray and  (belatedly) to CC .

As has been said, that is some first post .

As Crankarm says, take your time getting back to 'normal'; take at least one week more after you reckon you are ready to get on your bike again.

You'll be needing new shorts, helmet, etc etc .... unfortunately.

Take it slowly, take care and hope we'll see you on a CC Ecosse Forum ride  sometime.


----------



## sleekitcollie (1 Sep 2010)

kenny sorry to hear about ur accident , i can sympathise , i had a off on sunday on my new bike but unlike ur one mines was totally my own fault 
hope to see u back on the road fully recovered soon 
oh and like u i was so lucky i had my helmet on


----------



## KennyGray (1 Sep 2010)

sleekitcollie said:


> kenny sorry to hear about ur accident , i can sympathise , i had a off on sunday on my new bike but unlike ur one mines was totally my own fault
> hope to see u back on the road fully recovered soon
> oh and like u i was so lucky i had my helmet on




Hope you and the bike are ok.
Cheers Kenny.


----------



## Kenny Gray (14 Apr 2012)

Hi all a wee update on the accident from Aug 2010, that's the claim settled and closed a lot of good advice on here at the time that helped especially keeping a photographic record of everything damaged equipment and injuries especially Crankarms indepth post much appreciated.. My solicitor was great and i was sent for examinations with orthopedic and psychological experts who produced reports which backed up my claim.( I used my Unions lawyers firm ) i have since joined British Cycling for further peace of mind.
I was fully recompensed for my day old bike and received compensation for my equipment ( it was of course the best of gear i was wearing at the time ;-) ) and compensation for my injuries sustained at the time this has taken a while but i am now glad i can put a line under this event.
I would like to say if anyone else finds themselves in the same situation i would say to stay patient and try and get compensation that is due to you as i have realized that it may have been a lot worse i was fortunate not to be seriously injured.
I have been cycling as before but i must admit the incident does make you a wee bit more aware of your surroundings and potential problems on the road but thankfully has not put me off cycling.

Cheers Kenny.


----------



## HLaB (14 Apr 2012)

Glad it got sorted to your satisfaction Kenny and its not put you off but and you'll probably agree it shouldn't of happened in the first place.


----------



## snorri (14 Apr 2012)

Good to hear you have got things cleared up to your satisfaction Kenny.


----------



## Graham1426 (14 Apr 2012)

Let's hope you can now begin to put it all behind you, and get back to enjoying your bike.


----------



## Crankarm (15 Apr 2012)

Good of you to update us. Your claim appears to have been settled _relatively_ quickly which is good.

Glad to have been of help.


----------

