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Title: Bike Accident Reconstruction Reports

Date: 16 February 2011

 

Question
 
I’m a long time reader and fan of your publication and have never had to do this before however I desperately need some advice and guidance from you and anything else you can do to make sure justice is done. Having recently had an accident which was not my fault the driver in question is now ‘claiming’ I was driving erratically and is attempting to split liability – even though I was the one who was struck cleanly from behind.
 
I’m 29 years old my last accident was in 2001 and I have had none since and have accumulated many years’ no claims but if he is successful I will loose those no claims and my insurance will go up massively which I cannot afford and all because he has chosen to lie. And I don’t see why an honest person should be punished for something he did not cause.
 
Back in April 2010 while riding my bike along New North Road in Hainault, London I was struck from behind by a male driver pulling out aggressively from a turning I had just past while the turning was just before a bus stop where a bus had stopped and was unloading passengers. Since I could not overtake the bus because cars were oncoming on the other side of the road I slowed down – at which point the driver, pulling out without looking ahead, struck me from behind.
 
Anyway he is saying I ‘came off the pavement from a parked position’ AND ‘that I was driving erratically’ (in a gap that cannot total more than seven or eight feet total and my bike is about 5/6 feet long which would make that impossible!) and this is where I would appreciate your help otherwise he *may* be able to split liability and ruin my life.
 
Attached is a map of the accident location showing the roads in question and the locations of collision along with some photos of my bike and his car along with their points of impact.
 
If you look at these pictures and know how a bike handles (turns) then its obvious there is no conceivable way I could have been in the wrong or even doing any dangerous driving and this is what I would appreciate your expert advice on so I can produce expert opinion on for the court proceedings. The bus would have been at the stop and the turning he came out from is directly behind that by say several feet – in fact if you look at the picture of his car you can even see the bus stop markings (in red) on the road!
 
What this means is I could not in any way shape of form have come off of the pavement or he would have hit me on the side of my bike and not the rear but the pictures I have clearly show the points of impact were on the rear left of my bike and front left of his car meaning he can only have struck me coming out of the turning – he physically cannot have struck me any other way.
 
Would it be possible to get an expert legally acceptable opinion on this so that I can clear this up and prove without a shadow of a doubt he is committing fraud?
 
Ross Sharp
 
Answer
 
I agree with you that the third party is clearly to blame here. Your solicitors should be dealing with the liability arguments on your behalf.
 
Whilst I or MCN cannot provide an expert accident reconstruction report you are able to obtain one (through your solicitors) from a company such as AiTS (www.aitsuk.com) which specialises in accident reconstruction reports. They will be able to prepare an expert report for use in the court proceedings.
 
I use AiTS for the more complex cases where liability is in dispute. They attend the scene of an accident and survey the road layout, prepare a scale plan, photographs and a DVD run through.
 
In circumstances where there is physical evidence such as scratch marks on the road they are then able to enter the data into a computer programme and prepare a 3-D reconstruction.
 
I find that judges find this very useful in determining liability as, for example, if there are different accounts of the speed of vehicles the accident reconstruction can be played at different speeds to see the difference, if any, that the speed makes. I suggest that you speak to your solicitors and ensure they fight your corner.

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