Anyone ever been hit by a car while out running - General running

Yog-Sothoth

24/04/2006 at 21:41

It finally happened to me earlier this evening - some impatient lunatic driving a big 4x4 towing a horsebox barged through a group of us out on a club run. I got clipped by the horsebox and almost dumped on the ground - no broken bones luckily, but a few bruises and it's gonna hurt in the morning. The driver pulled into a farm a few hundred yards along the road, so I followed her to ask what the hell was so urgent that she almost killed me. I was told that "I shouldn't have been in the f*cking road anyway", and to "f*ck off you tw*t". If she'd shown an ounce of contrition i'd have let it slide, but now i'm all for taking this as far as I can. I've made a statement to the police, and had my injuries checked out, but what are my options from here?

RW forum legal eagles - i'd appreciate your assistance on this one. TIA.

Muttley

24/04/2006 at 21:57

Blimey, BB. I can't offer advice, unfortunately. But I hope you make it stick against the arrogant bitch. Go for it, and keep us posted.

M...eldy

pirate

24/04/2006 at 21:59

Would definitely report it to the police

Its a road traffic accident and with personal injury. Did you get her details??

Yog-Sothoth

24/04/2006 at 22:03

Yep. Reg no and full details of incident reported to the cops.

Waiting for a uniform to get in touch to take a full statement, but I don't imagine that they'll see it as a big priority - I wasn't killed after all...

northern snail

24/04/2006 at 22:05

you have plenty of witnesses so sue the arrogant tw#t. some of these 4x4 drivers think they own the roads

Monique

pirate

24/04/2006 at 22:05

You've got your witnesses as well, which is usually not so easy, so go for it. Only know Candy Ollier is legal expert over on tri.

Monique

pirate

24/04/2006 at 22:06

Oh yes, make sure you get photos of any injuries however minor, before they heal.

Ailsa!

24/04/2006 at 22:06

Didn't happen whilst running but something similar happened to my brother's little boy in a supermarket car park. Made it to the courts, I can't remember the full outcome but I think she was charged with dangerous driving...

Belle Disney

24/04/2006 at 22:08

Buckaroo

If you have reported it to the police then it must be investigated. Personal injury accidents to someone other than the driver are reportable. She should have provided you with her name, address, VRM and insurance company details if you had asked for them. If she did not then she commits an offence unless she reports the accident to a police station as soon as practicable and in any case within 24 hours. That does not mean she has 24 hours to report it - she's got to do it asap.

Get all the details of your witnesses, get the details of the officer you reported it to. Make sure your injuries are documented by a medical professional ie your GP or A&E - asap. Which police force/service is it? All will have different policies but the legislation comes from the Road Traffic Act 1988.

Email me if you want more advice. Good luck!

M...eldy

pirate

24/04/2006 at 22:13

Personal Injury RTC's shouldnt differ on policy?

slow 'n steady

24/04/2006 at 22:15

Take her to the cleaners mate she has a 4x4 and a horsebox must be loaded :0))).
Hope you're ok.

M...eldy

pirate

24/04/2006 at 22:16

thats a teensy weensy bit of a stereotype S'nS :-)

Belle Disney

24/04/2006 at 22:24

Meldy - what I mean is that some county forces may investigate more thoroughly than bigger ones like MPS and GMP because they have less to do.

Not that MPS and GMP don't investigate things but they are busier forces with a higher volume of things going on. Does that make sense?!

Plodding Hippo

24/04/2006 at 22:26

No advice, but good luck-and yes go for it!!!!!!!

slow 'n steady

24/04/2006 at 22:43

slightly stereotyping lol i come from newmarket horses and posh people everywhere.
sorry if i offended anyone.

Yog-Sothoth

24/04/2006 at 22:43

Thanks Belle. I didn't think to ask for the drivers details at the time - the whole situation was becoming a bit heated, and her younger male companion was threatening and abusive (though they'll doubtless deny this when confronted by the police - Devon and Cornwall Constabulary since you asked).

I suppose that she could also deny that she knew i'd been hit, since I had no witnesses to that conversation, only the incident itself.

Belle Disney

24/04/2006 at 22:53

BB - sounds to me that if she barged through a group of you then she was driving without due care or dangerous driving. She shouldn't be able to get away with it considering the whole running club are witnesses!

You have her registration and that has been passed to the police. You have also spoken directly to the driver and seen her so you can identify who was responsible. The police should be able to get on and deal with it.

Take it all the way!!!

BTW my parents live in Cornwall - Wadebridge - done a few runs down the Camel Trail when I've been in town... erm village I mean!

Yog-Sothoth

24/04/2006 at 23:00

Belle - thanks again for your response on this. I'm not looking to sue the idiot involved for the blouse off her back (I suspect that's a lot harder than it's made to seem by those lovely "Claims Direct" type firms anyway), i'd just like her to appreciate that she can't do this kind of thing with impunity.

A police officer is on the way to my house to take a statement, as i'm typing this. I don't know what the outcome will be - a stern talking to, at most, I suspect.

Unfortunately most of the other runners were on the other side of her horsebox when I was hit - most were unaware that I had been hit until after the run. Only one of the guys on my side of the road saw the whole thing, but he has agreed to stand up in court if it comes to that.

Belle Disney

24/04/2006 at 23:05

Wow you have an officer coming now - that is a v good service!!!

I think with those Claims Direct type people they wait for a conviction at court before they do anything.. not 100% on that though.

You have a witness so at least there is corroboration.

It's just annoying when people think they can behave this way and it's ok.

Again, good luck!

sprinting toffee

25/04/2006 at 00:49

hey buckaroo, im a law student... how did it actually happen? its a tricky one as being the driver she does have right of way... was it on a pedestrian crossing? traffic lights? if it wasnt i think youll struggle personally, unless the driver was driving recklessly.

Ive actually been on the other side of one of these claims, two lanes going right and a cyclist was in overtaking lane! he actually cut across into the side of my car without signalling (i dont think he realised both lanes went right personally, but i couldnt avoid it) and tried to put a claim against me! he had no chance, but you might it all depends on the circumstances...