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] http://www.dundee.ac.uk/~pjclinch/

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:

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

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.

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.

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

In article <Pine.LNX.4.44.0407061037240.23821-100000@charlotte>,

Chris Johns said:

The police have said the driver claims I was using my phone at the time

As Peter and Simon said, that can be verified.

If it proves to be nonsense, then a verifyably lying driver won't look
too good in court. OTOH maybe another explanation might be Plod
confusing yours with another incident.

Quoted message said:

(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?)

Not necessarily, if some helpful person had collected whatever of your
stuff had got scattered at the scene. When my phone got scattered
yesterday (from inside my pannier when the latter got dislodged on a
big bump), it was I who collected it up.

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?

IANAL.

Quoted message said:

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!).

Have you not spoken to your witness?

--
Nick Kew

"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

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

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.

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

"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

Quoted message said:

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 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:

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