2nd Bicycle Accident

shap08 on 19/12/2023 - 08:31
Last edited 19/12/2023 - 10:08 by 1 other user

Had my second serious accident last week.

I was traveling downhill in a residential street, a ute reversed out of his driveway suddenly and I had no vision of him till he was on the road. I locked my brakes up twice as I lost control on my first attempt to slow down. The second slide I couldn't stop in time. A car was to the left and a rubbish bin on the right. So no option but to hit him in the rear bumper/tray. (I was hoping he would take off in time for me to avoid impact.) I made contact and flew over the handlebars into his tray. No joke… he had loud music playing and didn't realise the incident and continued to drive a few metres till I knocked on the window and he saw me.

I got his name and number. He helped me bend my bike back into shape. I pointed out the bent forks. He had a passenger with him they were kind and helpful. No one admitted fault at the scene. I haven't filed a police report. Bicycle report cost is new forks: $770.

My question is what are my options, do I ask him to file an insurance claim?

His vision reversing

My first brake

My second brake marks and impact area

Forks

Sports & Outdoors

Comments

              • SlickMick on 20/12/2023 - 11:57

                @based: I've had close calls backing out of driveway. I consider it a bit harsh that I shouldn't be allowed drive due to a few incidents over many years. I reckon it would solve traffic problems though, because there would be few that meet your stringent criteria to drive.

                IMO all road users and pedestrians need to exercise caution in residential areas - me included, but don't just those backing out of driveways.

                • based on 20/12/2023 - 12:08

                  @SlickMick: It's not my criteria, JV is the one that brought up the concept that someone shouldn't be on the road, I was simply pointing out the ute is more deserving of that than OP
                  I don't think either should be off the road, mistakes happen, hopefully they both learnt to be more attentive

      • o53djz7qTPY4der on 19/12/2023 - 10:16
        +5

        Ride to the conditions.

    • jumpypotato53 on 19/12/2023 - 09:57
      +4

      Maybe too fast for his bike.

      • shap08 on 19/12/2023 - 09:57
        +1

        I now appreciate how far a bicycle takes to pull up.

        • jumpypotato53 on 19/12/2023 - 09:59
          +2

          Consider using a flashing headlight, it might help increase your visibility.

        • jv on 19/12/2023 - 10:01

          I now appreciate how far a bicycle takes to pull up.

          When/if it goes to court with the insurance company, that's definitely one of the things their lawyers will be highlighting to the magistrate…

  • bobbified on 19/12/2023 - 10:06
    +8

    Slow down. You may or may not be at-fault, but you should ride defensively regardless. Never rely on others to keep a lookout for you.

    It's not going to be any good if you're "in the right", but you're the one lying dead on the road.

    • jv on 19/12/2023 - 10:18
      +10

      Slow down. You may or may not be at-fault

      They have a track record for these types of incidents…

      https://www.ozbargain.com.au/node/712071

      • bobbified on 19/12/2023 - 10:20
        +1

        oooooh…. thanks for linking that! I remember having a chuckle at that thread!

      • ribze1 on 20/12/2023 - 22:19
        +1

        Great find, i can even see i voted "rider at fault" on the poll.

      • furyou on 21/12/2023 - 23:38
        +1

        dang that's 1.5yrs ago and op hasn't learned to be more careful…

  • coffeeinmyveins on 19/12/2023 - 10:15
    +9

    Had my second serious accident last week.

    Have you considered that you're either very unlucky or doing something wrong?

    Hard to tell from the pics but I'm thinking you are riding an e-bike. Legalities of them aside, I seriously doubt you were going at a slow speed from what I've seen all these e-bike riders do.

    • o53djz7qTPY4der on 19/12/2023 - 10:18
      +5

      This. eBikes are heavy and even if you still have the limiter enabled, going down that hill you would far exceed 30km/h simply with the help of gravity.

      • coffeeinmyveins on 19/12/2023 - 11:48
        +4

        Unless you're using the brake, let's be real, people on e-bikes are becoming a menace at the speeds they go at.

      • Euphemistic on 20/12/2023 - 07:24

        A legal e-bike wouldn’t be going any faster than a regular bike. Once you get over about 30km/h the aero drag will make more difference to total speed than 5kg of bike weight.

        Also rider weight is a much bigger proportion of the overall mass. A 90kg rider on a regular bike will take longer to stop than a 70kg rider on even the heaviest e-bike from the same speed.

  • o53djz7qTPY4der on 19/12/2023 - 10:20
    -1

    Also - get your brake pads replaced (front and rear) when you do the fork.

    • shap08 on 19/12/2023 - 10:25

      why is that?

      • jv on 19/12/2023 - 10:31
        +8

        Because you need brakes that work…

        Also, destroy the old ones before the insurance company subpoenas them…

        • pizzip on 19/12/2023 - 11:54
          +2

          Bold move…

      • o53djz7qTPY4der on 19/12/2023 - 10:42
        +6

        Because they failed at stopping you - those tyre marks on the road indicate that you traveled a significant distance after pulling the brakes. It may be that your pads are worn and need replacing or your cables need tightening (if cabled brakes)/hydraulic needs to be bled. Either way, get your brakes serviced, they'll save your life one day.

        • Protractor on 19/12/2023 - 11:37
          +6

          You can lead a horse to water……, but even good brakes can't save a goose

        • Euphemistic on 19/12/2023 - 22:07
          +5

          If the pads didn’t work, there would not be any skid marks on the road. Skidding is a sign the brakes are grabbing too well.

          I’m gonna go out on a limb and say OP doesn’t use front brakes properly. On a bike the majority of the stopping power comes from the front brakes but a lot of newbies don’t use them hard enough because they are scared of an endo.

          • shap08 on 20/12/2023 - 07:32

            @Euphemistic: They are Tektro HD-E725 brakes

            • Euphemistic on 20/12/2023 - 08:30
              +3

              @shap08: Ive got tektro brakes on my commuter bike. They stop me up fine from over 60km/h on stock pads.

              If you’ve locked your rear brakes for that long, you aren’t using the front brake enough. You need to brake hard enough on the front to almost lift the rear wheel off the ground plus shift your weight rearward to increase the brake effectiveness. The rear brake shouldn’t be grabbed hard enough to skid.

              Yes, I do get that it was emergency panic braking, but go practice some hard stops, especially if you ride on the roads.

              • shap08 on 20/12/2023 - 08:31
                +1

                @Euphemistic: thanks good advice

                • Euphemistic on 20/12/2023 - 08:35

                  @shap08: Is it a legal e-bike? Ie 250w max power and assist cuts out at 25km/h?

                  • shap08 on 20/12/2023 - 08:48

                    @Euphemistic: yes, also fitted with a throttle to 25km/h

                    • Juice-Wa on 21/12/2023 - 09:39

                      @shap08: an ebike. Ah explains how OP isn't athletic enough to handle his bike…

                    • Protractor on 22/12/2023 - 09:26

                      @shap08: Why conceal that fact all the way through this thread by constantly referring to it as a bicycle, knowing ppl would assume just pedal powered.
                      Do us a favour, take this to court.

                      Please

        • rumblytangara on 21/12/2023 - 12:03

          FFS, the tyre marks show that the brakes were strong enough to lock the wheels. How much stronger do you want the brakes?

          The problem is that OP doesn't know that most the braking is done with the front, which doesn't leave skid marks.

          i.e. OP doesn't know how to ride a bicycle safely. Which takes some doing because this is something loads of people learn when they are still kids.

  • apple2016 on 19/12/2023 - 10:23
    +8

    I was traveling downhill in a residential street, a ute reversed out of his drive way suddenly and I had no vision of him till he was on the road.

    Regardless if you are in a bike/ car/ truck, while traveling in a residential area, its good to have a peripheral vision and if its not possible , slow down! Its also driving to the conditions. What happens if a kid runs out?

    Its not a race track to just focus on central vision.

    • jv on 19/12/2023 - 10:32
      +1

      What happens if a kid runs out?

      I'd hate to imagine the OP driving a car… 😲

  • Protractor on 19/12/2023 - 10:41
    -1

    I haven't filed a police report

    Then either you are partially guilty or wilfully irresponsible. What do you expect this thread to achieve in real life?

    • shap08 on 19/12/2023 - 10:42

      Did you read the comments, not required…

      • Protractor on 19/12/2023 - 10:56

        Yep. Even the ones you read, but ignored or prefer not to consider.I'm just glad you didn't clean up a pedestrian.
        Please stop blaming the trees. They didn't move deliberately to obscure your view. They were there all along, when you gunned it down a risky section of road, while forgetting that it's harder to slow down from a higher speed.

  • bargaino on 19/12/2023 - 10:50

    Isn't it legally required for both parties to report such an accident involving injury to police?

    do I ask him to file an insurance claim?

    You ask for his insurance details, and submit a claim to them. Also you should notify the personal injury insurance people for your state. Did you see a doctor?

    • jv on 19/12/2023 - 10:51

      Isn't it legally required for both parties to report such an accident involving injury to police?

      not if there is just property damage.

      • bargaino on 19/12/2023 - 10:55
        +1

        Cyclist went through the air and landed in the tray!

        • jv on 19/12/2023 - 10:56
          +1

          But no mention of any injury that I can see…

          Possibly the OP has done this before and know how to land safely…

          • Protractor on 19/12/2023 - 10:59
            +3

            @jv: Crash test dummy seeks part time work. Previous experience.
            Learns quickly eventually. 2 references available.

          • shap08 on 19/12/2023 - 11:00

            @jv: Just a bruise from my leg making contact with my seat as I went over the handle bar.

            • Protractor on 22/12/2023 - 09:27

              @shap08: I'm surprised you dodged the usual arse and elbow wound

              • shap08 on 22/12/2023 - 09:31

                @Protractor: You and me both, road rash is a bitch

                • Protractor on 22/12/2023 - 09:33

                  @shap08: The way you're going you won't have to worry about it much longer. "Grimbo" is right up your arse

                  • shap08 on 22/12/2023 - 09:35

                    @Protractor: Fair to say I've slowed down, and taken on other advice from here.

                    • Protractor on 22/12/2023 - 10:10

                      @shap08: You have a task in front of you. Trying to pull your head , while at the same time keeping it down.

        • jv on 19/12/2023 - 10:58

          and landed in the tray!

          Find it hard to believe that that would happen and the ute driver was not aware…

          "and didn't realise the incident and continued to drive a few metres till I knocked on the window and he saw me."

          • Protractor on 19/12/2023 - 11:44

            @jv: Ute driver was playing the Pushbike Song at 11 volume.
            Tumble Guts was filming magpies swooping him, to make a name for himself online

  • Hansi on 19/12/2023 - 10:57
    +1

    You say the car was to your left and bin to the right. If you took the picture around the time the incident occurred this means you were either travelling on the footpath or the grass patch. Either way, this wouldn't help your case.

    Based on the photo it looks like an ebike. If it doesn't fall within the limitations of what ebikes are allowed to be ridden on your local roads, this would also help your cause.

    Regardless, I recommend that people who ride bikes regularly have proper insurance. Something local or like Bicycle Network.

    Good luck OP and happy to hear that no one sustain any serious injuries.

    • jv on 19/12/2023 - 11:01
      +1

      Based on the photo it looks like an ebike.

      Or an illegal, unregistered electric bike like the food couriers use?

      • shap08 on 19/12/2023 - 11:02
        +1

        why not make it a Sur-Ron?

        And i escaped from a bank robbery.

        • Hasbulla on 20/12/2023 - 12:28

          Which ebike OP?
          Road legal?

  • playerzer2 on 19/12/2023 - 10:57
    +1

    So you chose hitting another vehicle, rather than a bin?

    • shap08 on 19/12/2023 - 10:59

      I more considered it a way of possibly getting around him. But there was also two cars on the bin side as per the photo.

      • Protractor on 19/12/2023 - 11:01
        +1

        But landing in the bin would have made the day of the tribe, especially with the subsequent photos.

        • shap08 on 19/12/2023 - 11:10

          the rubbish truck was on its way down the road post crash

          • Protractor on 19/12/2023 - 11:33
            +2

            @shap08: That may have either finished the hat trick mission, or delayed it, depending on your parameters.

  • Drakesy on 19/12/2023 - 11:06
    +13

    Defensive riding is key,

    Always ride as if no one has seen you.
    Also, whats the chance that E-bike has been de-restricted/no longer complies with the 250w/25km/h limit.
    I'd say fairly high, if the insurance company gets wind of this…

    OP needs to start taking public transport and stop hooning around out of control on a derestricted e-bike imho.

    • shap08 on 19/12/2023 - 11:13
      -1

      You forgot to mention I was evading cops

    • jv on 19/12/2023 - 11:32
      +1

      I'd like to see this go to court.

      The insurance company's lawyers will have a field day…

      • Protractor on 19/12/2023 - 11:35

        Maybe you can crowd fund, and speed it up ? .

  • stickingly on 19/12/2023 - 11:31
    +1

    I would just get a quote or 2 for repair from bike shop, and send it to him - he might just pay it.
    That is what happened when I was hit by a car a few years ago.

    You can log a police report so that there is a record, but they won't care or do anything as you weren't injured.

    • jv on 19/12/2023 - 11:32
      +1

      That is what happened when I was hit by a car a few years ago.

      Here, the OP hit the car though, not the other way around…

  • SBOB on 19/12/2023 - 11:44
    +5

    Are those black lines on the road from you're brake lock ups?
    and you think you were only doing ~30km/h?
    might be time for better tyres and brakes

  • Protractor on 19/12/2023 - 11:49
    +1

    Well if it was an e-bike, you earned a lot more and no doubt will find out the hard way. Hopefully it's just you and no other victims dragged into your immature behaviour. Better insure yourself , because the threads you have posted will come back to bite you if you clean someone else up.

  • Saruname on 19/12/2023 - 13:30
    -2

    Doesn't matter what speed you were doing on the bike, as long as you are under that roads speed limit.

    The ute driver is 100% at fault. If he progressed from a cross over onto a road without checking it is clear.

    Doesn't matter if it's a bike, motorbike or car, he pulled out Infront of a vehicle without ensuring it was safe.

    • Protractor on 19/12/2023 - 15:34
      +3

      Yes sir,
      after avoidable accident 3, OP can get that principle tattooed on his paralysed bag-o-meat. Something to read between daytime TV soap operas

    • jv on 19/12/2023 - 21:58
      +2

      Doesn't matter if it's a bike, motorbike or car, he pulled out Infront of a vehicle without ensuring it was safe.

      That's not how a magistrate will see it…

    • SlickMick on 20/12/2023 - 12:15
      +1

      Were did you get your law degree?

    • Drakesy on 20/12/2023 - 18:39

      Kind of does, if he's riding a de-restricted ebike at 60+kmh on a road it's going to be an issue. There's a reason they're assistance limited.

  • franco cozzo on 19/12/2023 - 15:34
    -1

    lemme guess…..are you a new ebike rider???

    • shap08 on 19/12/2023 - 15:56

      No ive got history…

      • Protractor on 19/12/2023 - 16:03
        +2

        Pretty 'average' dishonesty factor, to make the thread title and content start out under the guise of 'bicycle' knowing the common interpretation, would be taken as non powered.
        Zero sympathy.

        • Hasbulla on 20/12/2023 - 12:29

          negative simpathy

    • FallaM on 20/12/2023 - 10:09
      +4

      I'm a relatively new ebike owner, got a freak of a bike too and I still don't fly down residential streets with driveways because I'm not an idiot

  • brotherfranciz on 19/12/2023 - 20:19
    +1

    Tip: Buy an action camera like a GoPro/DJI/Insta360 and use it as a dashcam. I use a GoPro. Luckily, I haven't been in any incidents where I needed to use the footage as evidence.

    Also, it's come in handy a few times when drivers have behaved aggressively/road rage-y and I point to my GoPro and tell them it's recording and they should move along. I have found nothing that shuts them up quicker.

    • SlickMick on 20/12/2023 - 12:17
      +2

      This would have made a great video. I'd like to see the look on the driver's face when OP taps on the window.

  • donman92 on 20/12/2023 - 00:40

    Next time use a gopro lmao

  • belongsinforums on 20/12/2023 - 07:43
    +6

    Are you saying you had no control of your vehicle and so you weren't able to stop in time? What if that was a little kid who ran out instead of a ute?

    • misu p on 20/12/2023 - 09:31
      +1

      This… op should ride in such a way that can stop the bike… Op had time to break 2 times and he could not stop for quite a distance. Sometimes trees block the view in both ways, what the UTE probably did was back slowly to be able to see oncoming traffic AND that oncoming traffic can see his maneuver.

      They are both at fault (the UTE more than op), but op would have run over a kid too.

      • Euphemistic on 20/12/2023 - 11:54
        -3

        Kids are easier to dodge than utes.

        • belongsinforums on 20/12/2023 - 12:13
          +1

          pedestrians are notoriously unpredictable. car go forward and back

  • Myone888 on 20/12/2023 - 07:50

    Do you have insurance coverage since on road and you hit Ute rear ?

  • Rob-4x4 on 20/12/2023 - 07:59
    +1

    One of these is handy

    https://cycliq.com/

  • backpaqer on 20/12/2023 - 08:20
    +1

    Looking at it impartially, you have 2 points of view; you have been riding along a street thinking you have right of way (and you do… Sort of), and you have a "cager" (what us cyclists call people confined to tin cabins and effectively wear blinkers) who is reversing out into the road with limited vision, who may or may not have executed that in a considerate manner. If you're looking for compensation by using the point of law that comes into play in an event - most people point to the traveling straight on a road puts them in the right and everything else is secondary. But law can be grey. People can only follow the law if it is possible for them to do so and if there is any factors present that could have provided that impairment, then it isn't so clear cut.

    So…$770 isn't an overly expensive outcome and you could try asking for compensation using the normal letter of demand, but chasing this through courts is not a fun or easy path and a magistrate may see shortcomings with both parties and the outcome at 50% or less really isn't worth the time and effort. It may be better to take it as an investment in your education, contact the ute driver and let them know how much the repairs were but wish them a Merry Christmas. They may offer you some money, but at least you're a better cyclist now. I know after slipping over on diesel spills twice in a month just how vulnerable cyclists are.

    • Euphemistic on 20/12/2023 - 08:34

      you have been riding along a street thinking you have right of way (and you do… Sort of),

      There is no right of way in traffic law. The other party is required to give way. Yes, that sort of means you have right of way, but it’s not right of way. The other party was in the wrong, but that doesn’t make you any less crashed either.

  • THICKnSLOW on 20/12/2023 - 08:44
    +4

    My advice is Don't trust ANYONE on public roads, treat everyone as an idiot on their phones driving, little kids will run out of nowhere so slow the fcuk down.

    You want to speed, go visit a racetrack.

  • gromit on 20/12/2023 - 09:12
    +2

    You must have been really flying down that road to have time to slam the brakes for so long and still impact hard enough to bend the forks so badly. really a bad street to speed on given the trees and cars that will be pulling out.

    • Euphemistic on 20/12/2023 - 11:56

      A skid mark that long on a bicycle means the front (most effective) brakes weren’t used properly. May not mean excessive speed.

      • gromit on 20/12/2023 - 12:40
        +2

        yes but even so it means he wasn't going slow either as even with the poor braking he should have shed a considerable amount of speed, yet he still had enough to bend the fork and propel him into the tray of the ute.

  • May4th on 20/12/2023 - 09:44
    +1

    send a letter of demand - it's going to be really difficult to contest it however without dashcam footage. if you were both moving at the time and you hit his rear, without any independent witness accounts, if the driver contests the claim it's like to result in joint liability

  • FallaM on 20/12/2023 - 10:09
    +1

    lol no way he's at fault. i ride an electric $5k bike and I still don't fly down residential streets where people may pull out of their driveways at any time. the thought of you flipping into his tray is hilarious too just pure goober stuff

    • Euphemistic on 20/12/2023 - 11:58

      Taking OP at face value of 30km/h is NOT flying down a residential street. Most fit cyclists would be doing that with e assist - they just know how to stop better.

  • CocaKoala on 20/12/2023 - 10:17
    +1

    The ute owner could claim that you crashed your bicycle perhaps on a road sign and damaged it. You then crept into his garage and slept on the tray of his ute and knocked on his door as he started moving to claim that there was an accident with your bicycle and you flew into the tray. The slight damage on their bumper has existed for over 6 years. In fact, you selected their ute for an insurance scam because of that. Just wondering how would you disprove it.

    I mean, I can totally understand how you would feel the ute was at fault especially given that you crashed into a stationary sign in the past and needed help understanding if you were at fault or if it was the sign's fault. Then again, how would you prove that there was in fact a collision with the ute, and that the ute driver were at fault?

  • ceroau on 20/12/2023 - 10:18
    +2

    Your stupid ass choices led to a ute hitting you. What do you do with that? Learn a lesson and move on with your life.

    Is the Ute in the wrong? yes but are you also in the wrong? Yes. You should both failed at hazard perception, except the difference is that guy was driving a 1 ton metal vehicle, you were on a bicycle… one of y'all should been paying a lot more attention for their own well being.

    If your forks cost over $700 to repair than you've got the money to fix it so fix it, if you don't then what the hell are you even doing with a bicycle that costs that much? Also you're an idiot for not insuring your assets which $1000+ bicycle is.

    The reward for pursuing this individual for damages is not worth the effort required.

  • shap08 on 20/12/2023 - 10:32
    +3

    Update: I made contact with him, he's happy to cover half the repairs. Thanks for peoples advice and stories.
    Ill be slowing down, learning how to properly brake, and invest in a dash cam. Next crash might have a video…

    • rumblytangara on 22/12/2023 - 10:24
      +1

      How to brake properly 101:

      Find somewhere safe to practice.

      Start slow and then repeat with increasing speeds.

      Front brake as you press your arms out straight (don't lock elbows otherwise it compromises control). Move your body back low and behind the saddle- this lets the front wheel take more weight and stops you flipping over the handlebars.

      Rear brake gets used but more lightly than the front. Simply because it's just far less effective.

      This establishes your minimum braking distance at a range of speeds. It gets massively compromised by gravel and rain.

      (You're frankly lucky that he's covering half, he must not ride a bike. If it was me driving and I saw those skid marks, I'd have nothing to do with it.)

  • OBEY YOUR MASTERS on 20/12/2023 - 12:01
    -2

    Riding bikes on suburban roads is dangerous what more needs to be said? It has never been a safe mode of transport. We make a big deal about how unsafe motor cycles are to travel on and Im not sure how bicycles are really all that different. Ive always said that they should only be allowed on approved routes.

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