What to do?

Chris Johns said:

The police have said the driver claims I was using my
phone at the time (I find this rather hard to believe, as
amongst other things the phone was with me in the hospital
when I got there, if I had been using it it would surley
have ended up in the ditch?)

If you were on the 'phone the time should show up in the
'phone company logs.

Quoted message said:

Regardless, I need to let them know if I want them to
prosecute the driver or not, or just to make a civil case,
I'm not quite sure of the best plan really - what are the
implication of doing either?

I need to chase to the police on this, they were meant to
call me some time ago but haven't. They do have a witness
(who probably knows more than me!).

I'd say you need to take some legal advice on this rather
than ask cyclists.

Pete.
--
Peter Clinch Medical Physics IT Officer Tel 44 1382 660111
ext. 33637 Univ. of Dundee, Ninewells Hospital Fax 44 1382
640177 Dundee DD1 9SY Scotland UK net
[email hidden] dundee.ac.uk~pjclinchOpen ↗

Chris Johns said:

The police have said the driver claims I was using my
phone at the time (I find this rather hard to believe, as
amongst other things the phone was with me in the hospital
when I got there, if I had been using it it would surley
have ended up in the ditch?)

I find it hard to believe anyone would be stupid enough to
use a phone while riding a bike on a roundabout. Like Pete
says, get hold of a bill and check the timing. The
police/ambulance service will have recorded the time of
the accident.

"Chris Johns" <[email hidden]> wrote in message
news:Pine.LNX.4.44.0407061037240.23821-100000@charlotte...

Quoted message said:

I was recently (around a month ago) knocked off my bike on
a rondabout. As a result of the head injuries caused by
hitting the road, I don't really recall anything about it.

The police have said the driver claims I was using my
phone at the time (I find this rather hard to believe, as
amongst other things the phone was with me in the hospital
when I got there, if I had been using it it would surley
have ended up in the ditch?)

...

What, so you mean there may have been a possibilty you were
indeed using a mobile phone while negotiating a roundabout
on a bike?

Given that the only reason you doubt the driver's account is
that the phone was recovered.

As a matter of interest is this something you do often?

...

Quoted message said:

Regardless, I need to let them know if I want them to
prosecute the driver or not, or just to make a civil case,
I'm not quite sure of the best plan really - what are the
implication of doing either?

I need to chase to the police on this, they were meant to
call me some time ago but haven't. They do have a witness
(who probably knows more

than

Quoted message said:

me!).

...

If there were indeed a possibily that you were making a
phone call at the time of the accident, then the first thing
to do would be to contact the phone company and find out
whether that was the case.

Because if you were, then clearly you haven't got a case.

( Regardless of the rights and wrongs of motorists ploughing
into bus queues while on the phone).

Nice troll nevertheless.

Curious

Quoted message said:

--
Chris Johns

Chris Johns said:

Regardless, I need to let them know if I want them to
prosecute the driver or not, or just to make a civil case,
I'm not quite sure of the best plan really - what are the
implication of doing either?

You could do both. You should consult a solicitor ASAP.

~PB

Dr Curious said:

What, so you mean there may have been a possibilty you
were indeed using a mobile phone while negotiating a
roundabout on a bike?

Not in my mind, but it's not that that counts is it?

Quoted message said:

Given that the only reason you doubt the driver's account
is that the phone was recovered.

That is all the information I have to go on, other than...

Quoted message said:

As a matter of interest is this something you do often?

Its not something I've ever done before.

Quoted message said:

Nice troll nevertheless.

Troll? Why thank you.
--
Chris Johns

Dr Curious said:

If there were indeed a possibily that you were making a
phone call at the time of the accident, then the first
thing to do would be to contact the phone company and find
out whether that was the case.

Because if you were, then clearly you haven't got a case.

The cyclist doing something wrong does not prevent a driver
who is also in the wrong from being prosecuted or sued. You
don't know if the driver commited an offence or not so you
don't know if there's a case or not. That's a matter for the
OP and his lawers and/or the police to decide.

Quoted message said:

Nice troll nevertheless.

Would you have replied if you were /sure/ it was a troll?

~PB

Dr Curious said:

If there were indeed a possibily that you were making a
phone call at the time of the accident, then the first
thing to do would be to contact the phone company and find
out whether that was the case.

It takes (much) less than a minute to negotiate a
roundabout. Would the time of the accident have been
recorded that precisely and accurately? Of course not.

~PB

On Tue, 06 Jul 2004 09:15:52 GMT, in
<Pine.LNX.4.44.0407061037240.23821-100000@charlotte>, Chris Johns

Quoted message said:

I was recently (around a month ago) knocked off my bike on
a rondabout. As a result of the head injuries caused by
hitting the road, I don't really recall anything about it.

The police have said the driver claims I was using my phone
at the time (I find this rather hard to believe, as amongst
other things the phone was with me in the hospital when I
got there, if I had been using it it would surley have
ended up in the ditch?)

If you are a person who would never use a phone whilst
cycling and are looking for a method to *prove* that you
were not on the phone then your phone company will be able
to provide that proof.

If, however, you are uncertain whether or not you were on
the phone whilst cycling then it is quite clear that you
sometimes *do* use the phone whilst cycling and you are
therefore a [censored].

Which is it?

--
DISCLAIMER: My email box is private property.Email which
appears in my inbox is mine to do what I like with. Anything
which is sent to me (whether intended or not) may, if I so
desire, form a legal and binding contract.

"Pete Biggs" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

Dr Curious said:

If there were indeed a possibily that you were making a
phone call at the time of the accident, then the first
thing to do would be to contact the phone company and
find out whether that was the case.

Because if you were, then clearly you haven't got
a case.

The cyclist doing something wrong does not prevent a
driver who is also

in

Quoted message said:

the wrong from being prosecuted or sued.

Quoted message said:

You don't know if the driver commited an offence or not so
you don't know if there's a case or not. That's a matter
for the OP and his lawers and/or the police to decide.

...

Acording to the OP there were no independant witnesses apart
from the driver, at least the police didn't mention any, and
the OP claims not to be able to remember anything.

So on what basis are the police, the OP, or his lawyers
going to proceed?

You don't work for the CPS by any chance, do you?

The only evidence which appears to be missing is the log
from the phone company which might indicate whether he was
using the phone at the time.

If the phone record shows he wasn't using the phone, whereas
the driver is on record as claiming he did, then this might
cast a different complexion on things. It wouldn't
necessarily prove the driver to be at fault but it might
cast doubts on his credibility.

...

Quoted message said:

Quoted message said:

Nice troll nevertheless.

Would you have replied if you were /sure/ it was a troll?

...

Without being a mind reader, its almost impossible to be
sure whether it's a troll or not.

Unless I'm CJ myself, which I'm not

I was simply curious, and so an up-front reply is one way of
trying to find out.

Curious

Quoted message said:

~PB

Pete Biggs said:

Dr Curious said:

If there were indeed a possibily that you were making a
phone call at the time of the accident, then the first
thing to do would be to contact the phone company and find
out whether that was the case.

It takes (much) less than a minute to negotiate a
roundabout. Would the time of the accident have been
recorded that precisely and accurately? Of course not.

~PB

But presumably you'd be able to remember if you'd made a
call and finished it *prior* to entering the roundabout -
because I'd hope that you'd actually pulled over and stopped
to *make* it...

--

Velvet

"Chris Johns" <[email hidden]> wrote in message
news:Pine.LNX.4.44.0407061135300.23856-100000@charlotte...

Quoted message said:

Dr Curious said:

What, so you mean there may have been a possibilty you
were indeed using a mobile phone while negotiating a
roundabout on a bike?

Not in my mind, but it's not that that counts is it?

No, what counts is what's on the Phone Company log. And
prior to that, the impression you may have inadvertantly
given the Police - as you gave in your post. That you may
indeed have been using one at the time.

Quoted message said:

Quoted message said:

Given that the only reason you doubt the driver's
account is that the phone was recovered.

That is all the information I have to go on, other than...

Quoted message said:

As a matter of interest is this something you do often?

Its not something I've ever done before.

Apart from the advisabilty of so doing, I would imagine
using a mobile phone while riding a bike requires a
degree of practice to perfect. Given that using them
under normal circumstances requires enough concentration
as it is, at times.

Given which, unless you'd practised this beforehand there
can never have been any real possibility that you were using
the phone, or even attempting to use it under those
circumstances, can there?

Anyway this will all be sorted out once and for all, once
the Phone Company log has been made available.

Quoted message said:

Quoted message said:

Nice troll nevertheless.

Troll? Why thank you.

Just insurance. You know how it is.

Curious

Quoted message said:

--
Chris Johns

Dr Curious said:

...

Acording to the OP there were no independant witnesses
apart from the driver, at least the police didn't mention
any, and the OP claims not to be able to remember anything.

actually the OP does say that the police have a witness, but
he doesn't know yet what that witness says.

Quoted message said:

The only evidence which appears to be missing is the log
from the phone company which might indicate whether he was
using the phone at the time.

also evidence as to how he came to have his phone in the
hospital - was it in his pocket all along, or did someone
pick it up off of the road?

As others have said, the OP needs to see a solicitor.

--

email = audmacd aaatttt hhhottt mmmaailll dddoottt ccccoommm

Dr Curious said:

Acording to the OP there were no independant witnesses
apart from the driver, at least the police didn't mention
any, and the OP claims not to be able to remember
anything.

So on what basis are the police, the OP, or his lawyers
going to proceed?

Evidence of injury and damage and information from/on driver
can be enough in some cases -- in civil cases at least.
Independent witnesses are not always essential.

~PB

"Pete Biggs" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

Dr Curious said:

If there were indeed a possibily that you were making a
phone call at the time of the accident, then the first
thing to do would be to contact the phone company and
find out whether that was the case.

It takes (much) less than a minute to negotiate a
roundabout. Would the time of the accident have been
recorded that precisely and accurately?

Of

Quoted message said:

course not.

~PB

No but the fact that he never made any call during his bike
ride up until that point would be.

Unless the roundabout happened to be right outside his house
of course.

Curious

Velvet said:

Pete Biggs said:

Dr Curious said:

If there were indeed a possibily that you were making a
phone call at the time of the accident, then the first
thing to do would be to contact the phone company and
find out whether that was the case.

It takes (much) less than a minute to negotiate a
roundabout. Would the time of the accident have been
recorded that precisely and accurately? Of course
not. ~PB

But presumably you'd be able to remember if you'd made a
call and finished it *prior* to entering the roundabout -
because I'd hope that you'd actually pulled over and
stopped to *make* it...

Not necessarily. The OP stated he had no recollection of the
accident. The memory loss may not be confined to the
immediate time of the accident.

Colin

"Pete Biggs" <[email hidden]> wrote in message
"]news:[email hidden]...

Quoted message said:

Dr Curious said:

Acording to the OP there were no independant witnesses
apart from the driver, at least the police didn't
mention any, and the OP claims not to be able to
remember anything.

So on what basis are the police, the OP, or his lawyers
going to proceed?

Evidence of injury and damage and information from/on
driver can be

enough

Quoted message said:

in some cases -- in civil cases at least. Independent
witnesses are not always essential.

~PB

I stand corrected by audrey.

As according to the OP there was a witness in addition to
the driver.

Curious

Pete Biggs said:

Dr Curious said:

If there were indeed a possibily that you were making a
phone call at the time of the accident, then the first
thing to do would be to contact the phone company and
find out whether that was the case.

It takes (much) less than a minute to negotiate a
roundabout. Would the time of the accident have been
recorded that precisely and accurately? Of course not.

No, but, it may show that he did not use his phone at all
during the relevant time period.

Assuming the OP was actually talking to someone on the
phone, you'd've thought curiosity at least would've got them
to ring back when the phone call ended in 'crash bang ouch'.

A

--

email = audmacd aaatttt hhhottt mmmaailll dddoottt ccccoommm

Dr Curious said:

No, what counts is what's on the Phone Company log. And
prior to that, the impression you may have inadvertantly
given the Police - as you gave in your post. That you may
indeed have been using one at the time.

I did tell the police that using the phone while cycling
wasn't something that I'd consider doing. The only time
someone has called me while I have been cycling I pulled
over at the next safe place and took the call there.

They still haven't got a statement out of me - this is one
of the reasons I want to get things moving one way or
another, but I don't want to go and chase them up without
knowing what I want to do.

Quoted message said:

Quoted message said:

Troll? Why thank you

Just insurance. You know how it is.

Yes - maybe to troll I should add that I wasn't wearing a
h****t... 🙂
--
Chris Johns

Dr Curious said:

Quoted message said:

Quoted message said:

If there were indeed a possibily that you were making a
phone call at the time of the accident, then the first
thing to do would be to contact the phone company and
find out whether that was the case.

It takes (much) less than a minute to negotiate a
roundabout. Would the time of the accident have been
recorded that precisely and accurately? Of course not.

No but the fact that he never made any call during his
bike ride up until that point would be.

Yes that would help, but the other way around is unlikley
to hinder.

~PB