HIT BY A CAR

[Kammy]

heres a story for you all to enjoy

caeottic, myself and a friend were street riding in chatswood this morning and my friend was going to hit this stair gap up at the interchange (CHATSWOOD). and i said its ok to go so he starts pellting at it and then i yell "THERES A CAR COMING" by this time it was to late for him to stop, so he does the gap and slams the brakes on and the "L" plater so he hits caeottic and very little speed and the car came off worse than his brand new stp did.

thought it would be fun for a bit of light reading

[mustard]

thats real funny somebody gets hit by a car lets all laugh

really funny, he could of been seriously hurt please don't joke about car crashes

[johnny]

Nice way to raise the public profile of the sport :roll:

Sorry, in a bitchy mood....

[Kammy]

i no its not funny but at the time it was so hilarious. i would add something else to the story but ill get in trouble so i wont

[big_pete]

Yeah i do agree with you

I got wacked by a car and i had trouble walking it hurt like hell i was in so much pain :cry:

Good to hear you didnt get hurt dude

[Kammy]

quote caeottic

thaought it was gold, and he was the one getting hit by the car, he still cant stop laughing (he seriously cant)

[2 smooth 4 u]

i no its not funny but at the time it was so hilarious. i would add something else to the story but ill get in trouble so i wont


you did not tell him there was a car coming because you are blind

thats what you told me you also said he was crossing the road and there is 1 stair gap in chatswood and its no where near a road

[hairy]

its not funny really i got hit by a car and snapped the forks of my bike after breaking a couple of ribs. if i wasn't wearing a full face at the time i would not have a face now either, i was black head to toe in bruising as well, car accidents with bike riders are not funny they hurt :wink:

[Tomas]

Because watching people getting hurt is really funny.

In case you cant tell i was being sarcastic

Edit: typo

[MikeT]

Ive been hit by a car while riding a scooter at full speed, it was probably mostly my fault for not keeping an eye out. the car wasn't going to fast but it was enough to concuss me.

[wombat]

So, someone has been trying a stair gap, the spotter hasn't got the message through, and the rider has been cleaned up by a car?

So when's the funny bit come along? How was the driver of ther car? an L-plater at that! Do any of you lot drive? Do you know how much it can shock you when you hit someone? Geez......

[tu plang]

So, someone has been trying a stair gap, the spotter hasn't got the message through, and the rider has been cleaned up by a car?

So when's the funny bit come along? How was the driver of ther car? an L-plater at that! Do any of you lot drive? Do you know how much it can shock you when you hit someone? Geez......

what some people find amusing is obviously very different to what normal people find amusing.

... yeah cool, you didnt get hurt... but you say you damaged someones car while acting recklessly... cool... not to mention that you would have given them a serious scare.

[Squidly Didly]

I'm gonna sound like a c**t for this, but even if your mate broke a limb, i'd still feel more sorry for the 'L' plater and his/her car :!:

[bam]

my friend rode into a car and tacoed his rims and the car wasnt moving. now that was funny.

but getting hit by a car isnt all that funny dude. someone could have been seriously hurt. be more aware next time.

[hairy]

the driver of the car i was hit by i actually knew by coincidence and he was shaking so much and he was heaps pail the poor blokes bout 60 and was shaken up bout it for days.
i do agree that it is funny when mate hits a parked car in the middle of a car park though well it is after the occasion any way.

[DOM]

yeah this tale is lucky for ole mate hucker .. but honestly the poor driver I think yas need to spot a better stair gap.

[THRILLHOUSE]

its not funny really i got hit by a car and snapped the forks of my bike after breaking a couple of ribs. if i wasn't wearing a full face at the time i would not have a face now either, i was black head to toe in bruising as well, car accidents with bike riders are not funny they hurt :wink: the driver of the car i was hit by i actually knew by coincidence and he was shaking so much and he was heaps pail the poor blokes bout 60 and was shaken up bout it for days.

cough*bullshit*cough

[Grip]

Yeah I agree with the more mature attitudes of Wombat, Squid, Tuplang, Johnny and Dom... but we're all forgetting something here! He's saying it was CAEOTIC who hit the car.... so :roll:

[Gutty]

And you wonder why motorists write to the paper........ :idea:

Pretty sure the rider was at fault here, but i bet that rider didn't have 3rd party property insurance to cover the damaged car......

Damaged car, a rider that could have been seriously hurt.........although friends in pain can be funny, this is not.

[Daver]

Did the car driver get all that guys details? And vice versa? If your story is right then the driver is in the wrong, and he'd be up for paying for the damage to the bike...

That said, it's no surprise, especially riding in Chatswood on a workday. You aren't exactly the smartest people.

[johnny]

And you wonder why motorists write to the paper........ :idea:

Pretty sure the rider was at fault here, but i bet that rider didn't have 3rd party property insurance to cover the damaged car......

Damaged car, a rider that could have been seriously hurt.........although friends in pain can be funny, this is not.

Agreed.

it's no surprise, especially riding in Chatswood on a workday. You aren't exactly the smartest people.

Agreed.

[Cheazy]

wat was the reaction of the driver?

[apsilon]

Did the car driver get all that guys details? And vice versa? If your story is right then the driver is in the wrong, and he'd be up for paying for the damage to the bike....

How do you figure the driver is in the wrong? If I'm deciphering the original post correctly he rode out in front of the car.

[Daver]

Did the car driver get all that guys details? And vice versa? If your story is right then the driver is in the wrong, and he'd be up for paying for the damage to the bike....

How do you figure the driver is in the wrong? If I'm deciphering the original post correctly he rode out in front of the car.

Because, according to the original post, the rider must have been in front of the car. This means that technically the car was the one which would be in the wrong, because the car ran into the rider. If the car had been hit on the front then that means that the car ran into the bike, wheras if the car had been hit on the side it means that the bike ran into the car.

Remember also that the person in front always has right of way, so then the car is to blame. Even if the spotter said there was no car coming and then changed his mind it is still the car's fault at the point of impact. From the driver's point of view the rider should and could have stopped, but the fact still remains that the car hit the bike, not the bike hitting the car.

[apsilon]

I was under the impression the rider crossed in front of the car. Bicycle = vehicle = must obey road rules which he clearly wasn't which would put the rider in the wrong.

Hard to say from the description of the incident. Guess we need more info or a map of the area to work out where these stair are in relation to the road etc.

[Gutty]

Daver, he was hitting a stair gap. :idea:

Do motorists now have to check every set of stairs they come across incase a MTB comes flying down them and out onto the road ??

Your line of thought has me :?

[Daver]

Daver, he was hitting a stair gap. :idea:

Do motorists now have to check every set of stairs they come across incase a MTB comes flying down them and out onto the road ??

Your line of thought has me :?

Go back and read the rest of my post, but yeah, "technically" the driver is still in the wrong, although i'd blame the rider.

[Gutty]

So if i'm driving down the road, and some pedestrian jumps out INFRONT of my car and i hit him. Am i "technically" in the wrong ???

Or maybe i've decided to set my launch ramp up right next to the highway, and jump straight out into traffic. Is the car that hits me in the wrong ???

Get a clue dude. :roll:

[red rider]

thought it would be fun for a bit of light reading[/quote]

it would be funny if it happened to you riley

[toodles]

So if i'm driving down the road, and some pedestrian jumps out INFRONT of my car and i hit him. Am i "technically" in the wrong ???

Technically yes. The law is specific in that vehicles must ALWAYS give way to pedestrians. You can claim diminished responsibility due to the carelessness of the pedestrian but yes you are in the wrong for some farked up reason.

Not too sure about the bike thing though as the bike is a vehicle and it would be more a failure to give way for a cyclist than the car being at fault unless the cycle was hit from behind.

[Daver]

So if i'm driving down the road, and some pedestrian jumps out INFRONT of my car and i hit him. Am i "technically" in the wrong ???

Yep. Got it in one hit.

Or maybe i've decided to set my launch ramp up right next to the highway, and jump straight out into traffic. Is the car that hits me in the wrong ???

Don't be stupid.

[apsilon]

Without knowing the exact details this is a bit of a pointless discussion but...

If it were a pedestrian they would be in the wrong if they weren't crossing legally. You can't just throw yourself in front of a vehicle and claim the vehicle is in the wrong. If you think you can I hope you have your affairs in order.

In the case of a bicycle it's a vehicle and would also be in the wrong. Just because it managed to get in front of a car seconds before an impact doesn't make it right.

If a car pulls out of a driveway or an intersection in front of another car and gets cleaned up who's at fault? Hint: it's not the car doing the cleaning.

[Gutty]

You guys are messed up !!

If i'm driving my car down the road and some pedestrian jumps from the footpath directly into the path of my car, that is called suicide !! I would not be at fault.
I can tell you this confidently because i have one dead mate that played that game. He was drunk and stumbled into traffic. He died, no car was at fault......he was.

Much like if a car pulls out of a side street and you T-bone them. You are not at fault. The car that pulled out is even though it ended up infront of you. cars can only stop so fast you know ?!?!

In this case, the bike clearly pulled out infront of the car......and not even from a side street, from a set of stairs.

daver, you're a goose. You have no idea.......I can only assume you don't even have you learners permit yet. :roll:

[roffle]

Go back and read the rest of my post, but yeah, "technically" the driver is still in the wrong, although i'd blame the rider.

I'm with Gutty on this, NSW regulation states that:
"The rider of a bicycle must not cause a traffic hazard by moving into the path of a driver or pedestrian." It is an offence.

So, the bicycle rider rode into the path of an oncoming car. By law, the rider is at fault. And you think the car driver is at fault? If someone can explain this to me *commander?*, please..

[toodles]

You guys are messed up !!

I'm not shitting you. That is the basis of the law. The vehicle is at fault. Same thing happens if you drive down the road and run into a cow. Dumb as it may sound, cattle have right of way on our roads. The driver of the vehicle is at fault. It's only when you apply the circumstances of the case in court can blame be negated and/or reversed.

Like I said before though, I'm not sure if this would apply to a bicycle.

[apsilon]

You're in Logan which is QLD IIRC so QLD law may be different but here's a small snippet from the NSW RTA:

236 Pedestrians not to cause a traffic hazard or obstruction
(1) A pedestrian must not cause a traffic hazard by moving into the
path of a driver.
Offence provision.

Sounds like drivers have right of way to me. Of course this is the general rule and things such as pedestrian crossings etc take precedence.

[roffle]

Thankyou apsilon! Ok, lets apply the circumstances:

I assume they understood the risk involved.
So, knowing what could happen they continued the activity.
One of them caused a traffic hazard by riding out onto the road.
He was hit by a car on the road.

It seems like it isn't the car driver at fault to me, especially seeing as the rider of the bicycle caused a traffic hazard by moving into the path of a driver in the first place.

Was the driver supposed to swerve off and hit other people travelling much faster in the opposite direction? Or possibly plow onto the sidewalk hitting more pedestrians?

OT* Does the fact he is a minor count for anything?

[Gutty]

I'm sure you're not shitting me Toodles :wink: , my point is, as far as i know from previous experience, that law only applies if the car is given ample(not sure how they judge this) time to stop.
If you were doing 60km/h down jackass street, and when you get to about 5 meters away i jump in front of you, there is no way on earth you could, or even be expected to, stop in time.

As i said, it's happened to a mate of mine, his parents went to court seeking damages from the victims compensation fund and were pretty much laughed at. Well, they weren't really laughed at, but they were told they had no chance as their son was to blame for his own death.
No driver was even charged with an offence....let alone convicted.

[toodles]

Yeah it's a stupid law that's probably a carry-over from motor vehicles were first introduced or something but it's there. Obviously, judges and juries take into account things like stopping distance and whatnot and dismiss the case.

The cow thing came up last year when a car crashed into a cow and got written off. The driver went looking for compensation and ended up having to pay for the cow as well as getting his car fixed.

[apsilon]

OT* Does the fact he is a minor count for anything?

It would mean his parents or guardian are responsible for damages etc.

[Grip]

You're all still forgetting that this was CAEOTIC... so who cares :lol:

Anyway, Daver that's totally wrong to say the vehicle/bike/ped that is GETTING hit is always in the right. This fool just came shooting out at right angles to the road.

[Hardcore Lazy]

Ever sent a friend to his death and sat there watching ? yeah its pretty funny....

Just think if the car was going slightly faster... or you mate didnt hit the car, but slid under it.

Would it still be funny and you'd still be laughing carrying that image for the rest of your life and explaining to his family why he died ?

Your a loser and so is your mate, and you do nothing but damage for the sport of mountain biking.

As posted previsously, its no wonder why the press have such a negative attitude towards "us" as a collective.
I dont want my right to ride taken away because of you morons.

Get a brain and see if you can summon up some small sense of responsiblilty not just for yourself, but for a sport that is currently struggling for acceptance.


FFS just maybe Darwin was on to something : (

HL out

[Hardcore Lazy]

Gutty,

I have been in a very similar case where i had a couple of tourists pedestrian run out from infront of a semi tralier across 3 lanes of traffic. I was on a motorbike and weaved to miss the first as he appeared (lucky was only doing 30kms or so) but the second leapt straight in front of me and I hit her. There was no way possible for me to stop or avoid hitting this person.

The pedestrian was taken to hospital and released that night with nothing broken and a slight bruise on her hip.

12 months later i get summonsed and she is suing for $250,000 and the rest.
After 3 solid days in court i have a fair idea of how this works....
The law states that as a motorist you have a duty of care towards every other pedestrian cyclist etc.
However he most important thing in this whole case, is that NEVER has a court awarded 100% liability towards a pedestrian or party that has been hit by a car.
No matter how dumb this guy is, the motorist will cop some of the blame ad cost.
There has not been a precedent set, and not many judges are willing to set the precedent becuase of the ramifications of such a decision.

my 3 cents ( 2 plus GST)

HL out

[and1]

my 3 cents ( 2 plus GST)


Wouldn't it only be 2.14 cents inc. gst? (assuming your opinion is taxed at a rate of 7%)

[Sugez]

Can I just say this...While what you are all insulting each other over is not even on topic. All he typed it in for was to say this happened. He thought it was funny. You guys don't GET OVER IT.

[Rik]

Can I just say this...While what you are all insulting each other over is not even on topic. All he typed it in for was to say this happened. He thought it was funny. You guys don't GET OVER IT.
Huh? get over what? If noone points out how wrong they are, how will they learn?
If there wasn't meant to be any discussion spurred from the inital post, why was it posted on a FORUM?
Baseless flaming of people won't be tolerated. But, if there's a reason for the posts being made, then it's ok.

[hairy]

its not funny really i got hit by a car and snapped the forks of my bike after breaking a couple of ribs. if i wasn't wearing a full face at the time i would not have a face now either, i was black head to toe in bruising as well, car accidents with bike riders are not funny they hurt :wink: the driver of the car i was hit by i actually knew by coincidence and he was shaking so much and he was heaps pail the poor blokes bout 60 and was shaken up bout it for days.

cough*bullshit*cough

ha u think its "bullshit" u ask glen when we get back to school he was riding behind me. and nick if your going to insult me do it face to face please.

[road warrior]

The driver is always in the wrong. That's the law. In most cases the driver will get the blunt end of the stick.

http://www.backofthey.co.nz/videos/videosSCARES.htm

playing in traffic is stupid

[danv]

12 months later i get summonsed and she is suing for $250,000 and the rest.
After 3 solid days in court i have a fair idea of how this works....
The law states that as a motorist you have a duty of care towards every other pedestrian cyclist etc.
However he most important thing in this whole case, is that NEVER has a court awarded 100% liability towards a pedestrian or party that has been hit by a car.
No matter how dumb this guy is, the motorist will cop some of the blame ad cost.
There has not been a precedent set, and not many judges are willing to set the precedent becuase of the ramifications of such a decision.

my 3 cents ( 2 plus GST)
I think this highlights the source of the confusion. You need to make a distinction between civil law and criminal law. Whilst there may be no penalities under criminal law if a pedestrian walks in front of a car, there may have been precedent set in a civil case, which means that a driver could be liable to an extent for the injury to the pedestrian. In the case of civil law, if the driver is liable, they will need to pay damages or whatever. Civil law is suing, and is where issues of liablity, negligence etc. come into play. Criminal law deals with legislation and penalties (fines, sentences) etc. The two aren't neccesarily consistent with each other (even taking into account the differnet redresses or punishments)

And that shouldv'e been 2.2 cents by my calculation.

And the fact that some kid got hit by a car in that circumstance is a little amusing, but not that funny, only because its not that interesting.

caeottic, myself and a friend were street riding in chatswood Now THAT sight sounds funny. Were you canvasing ideas for more bad posts?

[sifter]

i got hit by a civic on cuba street, it took my legs out but luckily my lanky physique probably weighed more than the car and the oriental gentleman inside so i took no damage

[MUGEN]

my friend rode into a car and tacoed his rims and the car wasnt moving. now that was funny.

but getting hit by a car isnt all that funny dude. someone could have been seriously hurt. be more aware next time.
Someone could still be seriously hurt if he/she ran into a stationary car! But I get your point, it may have been funny if we accually saw this happening but.....

[gorno]

feel sorry for the L plater would of shit them selves

[dmwill]

My mate once went round a corner of a road which was wet and he slid off, sending the bike sliding across the road. Some guy in a feral 4WD hooned past and didnt see the bike and drove over it :lol:

It was a carp bike which we found in a bulk rubbish pile and we spent the week just thrashing it so we left it there on the side of the road. Just as well it wasn't our real bike which the 4WD went over *phew!*

[Ryan.m]

So, someone has been trying a stair gap, the spotter hasn't got the message through, and the rider has been cleaned up by a car?

So when's the funny bit come along? How was the driver of ther car? an L-plater at that! Do any of you lot drive? Do you know how much it can shock you when you hit someone? Geez......

do you know by experience or something?

[VicRiders]

yeah i have my own share of car stories....it was about 4-5 months when frist got hit by this german lady...so she invites me into her house for water...the second time on my way to school...SAME LADY...and what do u know..."Do you want to come in for water??"..then about a week later, just to complete the trilogy, she hits me again....after the third time i decided no tto ride on the footpath...

[dmwill]

yeah i have my own share of car stories....it was about 4-5 months when frist got hit by this german lady...so she invites me into her house for water...the second time on my way to school...SAME LADY...and what do u know..."Do you want to come in for water??"..then about a week later, just to complete the trilogy, she hits me again....after the third time i decided no tto ride on the footpath...

I'd be a little more than scared, maybe it's her way of trying to hook up with you. My reccomendation: Keep to the path and away from that area!

[Sugez]

People were making personal attacks.