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PostPosted: Wed Jan 30, 2008 23:04 
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Really found by one of our kittens :bow: He told Wildy who had :hissyfit: over it. I am on line currently .. so :lol: I gets to post it up. :lol:

I decided to pop here. Do move to Cycling or SPL
:wink:




BBC Edinburgh Latest wrote:
Crash cyclist concedes group risk

John Telfer admitted that group cycling carried risks
A cyclist claiming damages from a fellow bike rider he blames for a pile-up has conceded that group cycling carries a risk of accidents.
Lecturer John Telfer, from West Lothian, and teacher Gordon Macpherson were part of a group of enthusiasts who regularly met for road cycling outings.

Edinburgh Court of Session heard that Mr Telfer, 49, was seriously injured during a group run on 15 June in 2003.

He is now claiming £370,000 compensation from Mr Macpherson.




I think this might be more frequent if 32 million start cycling :popcorn:

Cyclotopian Nirvana and Promised Land of Milk and Honey whilst pedalling away .. does NOT exist. Honest.. it don't exist :popcorn:

article wrote:
Mr Telfer agreed that riding close to other bicycles could be dangerous but said the risk was reduced to "minimum" by the experience and skill of those cycling in the group.

If I thought I was in anyway to blame for the accident, I would not be standing here today

John Telfer

But he told a court he believed he had been "a victim or casualty of someone's neglect".

He told the jury: "In most things you do, there is an element of risk."



:popcorn:

We have endless threads on cycling fora claiming "slipstream" and "safety" :popcorn:


Pah.. I never believed that and this incident proves I am correct in this :roll: :(

article and other similar wrote:
The jury will have to decide whether the accident on the B8020 road near Winchburgh, in West Lothian, was caused by Mr Macpherson, who is from Livingston.

They were told that damages have been agreed at £370,000 but that liability is disputed.

Mr Macpherson hit a manhole cover and lost control of his bike. Other members of the group of nine riders also fell.

Mr Telfer said he changed direction to avoid the fallen, but went onto a verge and was pitched over the handlebars. He suffered back and head injuries in the incident.

He maintains that Mr Macpherson did not have proper control of his bike at the time because of the way he was holding his hands. As a result they slipped off the handlebars and he lost control.


He was behind him. If he could see this then he was :listenup:

riding too close to be able to stop safely on his side of the road in the distance he could see to be clear

:popcorn:

Let's be clear about this. If we ditch the car and ride a bicycle instead then tailgating another cyclist will be just as anti-social and road raging as a driver tailgating another driver :popcorn:

I have ridden in close formation. At a safe distance behind .. I'd not be able to see hands on the bars so accurately. I'd probably note on a safe overtake though :lol: :wink:


article wrote:
'Minimum risk'

Andrew Hajducki QC, for Mr Macpherson, said bike riders voluntarily took on a risk of accidents and injuries by cycling without sufficient stopping distance between them.

Mr Telfer said: "There is an element of risk, yes. That is something you put down to being a minimum risk given the nature of the group you choose to ride with and the experience of everybody concerned."

Mr Hajducki said to him: "It is a risk you take on because you want to take part in runs like this." He responded: "In a sociable group, yes."

He said after recovering from injuries he went back to the scene of the accident and decided it had been as a result of the other bike rider's carelessness.



:popcorn: I think he needs to have much better proof and hope he fails in this.

The chap fell over a man-hole. He should have been vigilant and responsible riding means keeping a decent SPACE and TIME .. as part of C O A S T which has been "peer reviewed" and must have been :wink: since naughty drivers are assessed per these skills :popcorn: as PROVEN :D :twisted: :D

article wrote:
"I have said this quite a few times to many people, that the accident was preventable if the proper riding position and proper hand position was being adopted," he said.

Mr Telfer added: "If I thought I was in anyway to blame for the accident, I would not be standing here today. I think I am a victim or casualty of someone's neglect."

The trial continues.



One bloke's word against the other. I hope he loses really. If he wins.. then this really will have an impact on cycling as we know it .. and I am sure that for once even spinny might agree with me. :rotfl: :yikes: :roll: :oops: :oops:


In the earlier article which our kids gleefully showed to Wildy this morning :lol:

article wrote:

Telfer estimate he was travelling at 25 mph as the road levelled out.

He said Mr McPherson and his son were at the front of the pack of riders.

Telfer said it "happened in slow motion in his memory." Colin (son} accelererated. His father followed and fell over on the manhole.


He claimed Macpherson's hands went down on the side of the bars and he lost control of the bike
No sprint had been planned



Hands slipping? He went over a manhole.. You judder and your teeth clench. Not to mention .. er... "impact on family jewels! :wink:"


Planned action .. :? But they moan over request from police for plans over CM :popcorn:


article the kids printed out this morning wrote:

He recollected that the other cyclists ahead of him had also fallen

His JUNIOR counsel told the jury that it was agreed the defendant rode over a manhole and fell off the bike. But she said that the plaintiff claimed Macpherson was "holding his handsin such a way as not to have control of the bike at the time. She also maintained he was at the front of the group and was thus responsible for the safety of it.

The article also says that Telfer was introduced to the cycling group by the defendant :popcorn:


Methinks Mr Telfer is a wimp who just wants compo regardless. :popcorn:

Personally I hope he loses as a win would be a disaster for cycling as a sport and the clubs as well.

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PostPosted: Wed Jan 30, 2008 23:58 
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I would be very interested to have the views of all seasoned cyclists to this story.

To the cycling lurks.. we are not at all anti-cycling on this site or the Pistonheads site whose members also love cycling as much as driving.

Not one thread is or has ever been intended as "anti-cycling" either. I ride a bike for fun.. cos I enjoy it. I drive a car because I have to go to work and transport a large family around in one place and without worries as to how they keep up to speed with us adults or the endless watching out for them as independent road users out there. Parenthood? :yikes: I enjoy it.. but the responsibility? It never ends. :roll: I have to make sure all are present, safe and correct here. I can do that so easily in the car. With a litter of 7 plus fostered brood... it's a very different ball game and it would be dishonest to claim choosing to cycle over driving is the best option in such a situation. :popcorn:

But this tale? We are talking of what would be "congestion and norm" if everyone chose to ride a bike.

Are you sure this is really what you want? I would like answers from resident "iguanas" posing as "trolls"! :wink:

I think we all welcome response from genuinely decent minded cyclist.

I also think we should allow the militant ones to respond.. if they can :wink: :popcorn: :lol: :bunker:

PS.. if any one wonders about term "iguana".. youngest sons pestered.. we have yielded :shock: We have cute reptile .. a tank.. a wild feline (aka a Persian cat :twisted: which will not go near :lol: .. two labradors who cannot work out what is in that large glass display "tank" :shock: :? :lol: and a wild :neko: wife who insists she is OK about this so long as "not in the kitchen" :lol: and does not want the new addition to the family to have a mate and breed .. . :lol:

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PostPosted: Thu Jan 31, 2008 02:21 
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What. A. Cock.

Guy goes over man hole. Guy comes off Bike. Other guy not in control of his bike enough to avoid crash also comes off Bike.

A little while later, Guy #2 goes back, has a think about his life and realises he can be a backstabbing, shallow worthless peice of shit and try and sue guy number one, who had an honest accident, for loads of money :|


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PostPosted: Thu Jan 31, 2008 02:43 
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mmltonge wrote:
What. A. Cock.

Guy goes over man hole. Guy comes off Bike. Other guy not in control of his bike enough to avoid crash also comes off Bike.

A little while later, Guy #2 goes back, has a think about his life and realises he can be a backstabbing, shallow worthless peice of shit and try and sue guy number one, who had an honest accident, for loads of money :|

Why hold back? Why don't you just say what you mean! :lol:

I hope he wins - it would encourage a few more cyclists to get insured.

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PostPosted: Thu Jan 31, 2008 09:23 
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The vast sum of money must mean this man is going to need a high level of care for the rest of his life.

It is an accident. If he can claim from the persons insurance who caused the accident he will lead a more normal life.

I dont agree that the leader of a cycling pack is responsible for every follower. When I cycled the lead was rotated when the leaders were flagging. At 16 I often lead the pack. How can a 16 year old take total responsibillity for 25 older wiser , more experiance codgers behind. We all looked out for each other.

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PostPosted: Thu Jan 31, 2008 22:44 
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Ernest Marsh wrote:
mmltonge wrote:
What. A. Cock.

Guy goes over man hole. Guy comes off Bike. Other guy not in control of his bike enough to avoid crash also comes off Bike.

A little while later, Guy #2 goes back, has a think about his life and realises he can be a backstabbing, shallow worthless peice of shit and try and sue guy number one, who had an honest accident, for loads of money :|

Why hold back? Why don't you just say what you mean! :lol:

I hope he wins - it would encourage a few more cyclists to get insured.


:roll: are you being serious? Cyclists getting insured, it's bad enough that I have to waste money on compulsary car insurance that I never use let alone anyone suggesting cycling insurance is necessary.


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PostPosted: Fri Feb 01, 2008 12:33 
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mmltonge wrote:
I have to waste money on compulsary car insurance that I never use


You insure a car for road use but don't drive it?

On the topic, if Telfer was so concerned about MacPherson's riding style why was he riding with him?

Just thinking of the group dynamic, if the other riders thought Macpherson was dangerous they would have had a word or chucked him out. Alternatively if Telfer thought the rest of the group was dangerous by allowing Macpherson to ride with them he could leave the group himself.

Either way Telfer made the decision to ride with a pack so unless Macpherson did something unusual and careless it is nor his responsibility.

Telfer might as well blame the route planner for not alerting the group to the dangerous manhole cover before setting out.

I wonder if Telfer has insurance and the company is trying to avoid paying by pursuing a third party?

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PostPosted: Fri Feb 01, 2008 19:28 
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mmltonge wrote:
Ernest Marsh wrote:
mmltonge wrote:
What. A. Cock.

Guy goes over man hole. Guy comes off Bike. Other guy not in control of his bike enough to avoid crash also comes off Bike.

A little while later, Guy #2 goes back, has a think about his life and realises he can be a backstabbing, shallow worthless peice of shit and try and sue guy number one, who had an honest accident, for loads of money :|

Why hold back? Why don't you just say what you mean! :lol:

I hope he wins - it would encourage a few more cyclists to get insured.


:roll: are you being serious? Cyclists getting insured, it's bad enough that I have to waste money on compulsary car insurance that I never use let alone anyone suggesting cycling insurance is necessary.


Cyclists are perfectly capable of causing serious damage, injury and even death as a consequence of irresonsible behaviour, poor judgement or simple bad luck. Do you really not want to be insured??

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PostPosted: Fri Feb 01, 2008 20:45 
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Mad Moggie wrote:
riding too close to be able to stop safely on his side of the road in the distance he could see to be clear


why the big post when you sum it up in one line.

This underlines the difference in attitudes between the majority of car drivers and some of the pedalpushing pillocks you encounter- how far would a driver get with a simular claim? Laughed out of court, and (rightly) considered a fool for trying to blame another instead of re-evaluating what he did wrong.

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PostPosted: Fri Feb 01, 2008 22:53 
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mmltonge wrote:
Cyclists getting insured, it's bad enough that I have to waste money on compulsary car insurance that I never use let alone anyone suggesting cycling insurance is necessary.


Never have used, not quite the same as never going to use. Which of course you cannot possibly predict.

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PostPosted: Sat Feb 02, 2008 12:05 
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But there another one in Germany.

In German.. I will post linky if anyone wish to read it. :wink:

But 21 year old ride along a road. Coming towards him a 73 year old.

There ist a bend und some bushes which obscure the view.. und :yikes: ..


The 73 year old ride for over 60 years.. He also a "pro" as he also raced und been "on podium" in past.

He try to evade collision. He wobble und fall off.

The 21 year old give first aid to him. He then charged with dangerous cycling under German laws. He get a 300 Euro fine - payable in instalment of 10 Euro as he a student.

We not have these rules here. But they come.. because UK an EU member und I think this on the cards based on something I read in FAZ -Politik pages the other day :popcorn:


Hairyben - Ted could have just posted up the one line.. but there ist the story behind this which basically mean that cyclist was a muppet in real terms. If he win... then maybe they get insured properly. But will this insurance include damage they inflict on other road users? :popcorn:


Because cyclists also cause accidents or catalyse them just the same.. und they should be held to account just as anyone else if und as und when the Katastrophe occur...

We could start by increasing fines for red light jumping... pavement cycling und other cyclist anti-social activity which cause nuisance to ALL other road users. :popcorn: This not an anti-cycling comment. It pro-cycling because the increased compliance to basic rules as result protect everyone. :wink:

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PostPosted: Sat Feb 02, 2008 17:26 
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Dusty wrote:
mmltonge wrote:
Ernest Marsh wrote:
mmltonge wrote:
What. A. Cock.

Guy goes over man hole. Guy comes off Bike. Other guy not in control of his bike enough to avoid crash also comes off Bike.

A little while later, Guy #2 goes back, has a think about his life and realises he can be a backstabbing, shallow worthless peice of shit and try and sue guy number one, who had an honest accident, for loads of money :|

Why hold back? Why don't you just say what you mean! :lol:

I hope he wins - it would encourage a few more cyclists to get insured.


:roll: are you being serious? Cyclists getting insured, it's bad enough that I have to waste money on compulsary car insurance that I never use let alone anyone suggesting cycling insurance is necessary.


Cyclists are perfectly capable of causing serious damage, injury and even death as a consequence of irresonsible behaviour, poor judgement or simple bad luck. Do you really not want to be insured??


I most definitely don't want to be insured - don't be so bloody PC - the amount of people injured by cyclists each year must be tiny - to suggest cyclists should start getting insurance is to suggest people throw away more money to insurance companies.

And haha at picking up on the bad English to the above, i've never used my car insurance, not never used my car ;)


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PostPosted: Sat Feb 02, 2008 17:27 
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Rigpig wrote:
mmltonge wrote:
Cyclists getting insured, it's bad enough that I have to waste money on compulsary car insurance that I never use let alone anyone suggesting cycling insurance is necessary.


Never have used, not quite the same as never going to use. Which of course you cannot possibly predict.


ok well in 50 years time when i've never used it i'll have the righ to be peeved at being forced to buy it. If it wasn't compulsary, I wouldn't pay for insurance.


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PostPosted: Sat Feb 02, 2008 17:35 
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mmltonge wrote:
ok well in 50 years time when i've never used it i'll have the righ to be peeved at being forced to buy it. If it wasn't compulsary, I wouldn't pay for insurance.

And what happens when you (or someone else without insurance) causes an accident that damages someone else's £30,000 car beyond repair?

I don't condone every action of the insurance industry, but IMV public liability insurance is essential for all road vehicles.

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PostPosted: Sat Feb 02, 2008 17:56 
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PeterE wrote:
mmltonge wrote:
ok well in 50 years time when i've never used it i'll have the righ to be peeved at being forced to buy it. If it wasn't compulsary, I wouldn't pay for insurance.

And what happens when you (or someone else without insurance) causes an accident that damages someone else's £30,000 car beyond repair?

I don't condone every action of the insurance industry, but IMV public liability insurance is essential for all road vehicles.


Thats not the scary one. The scary one is knocking over a child or young adult resulting in non-fatal severe brain damage that requires them to have 24/7/365 care for the next 50 years or so. These are the sort of situations that get £millions in damages. Of course if you are unisured you wont be able to pay it all (so your victim wont get the care they need) and you will get bankrupted!

Rare circumstances I admit, but do you really want to take the chance for the sake of a £50 premium (or whatever)?

The other alternative of course is to go for the New Zealand model (I could go with that actualy)

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PostPosted: Sat Feb 02, 2008 18:37 
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WildCat wrote:
Hairyben - Ted could have just posted up the one line.. but there ist the story behind this which basically mean that cyclist was a muppet in real terms. If he win... then maybe they get insured properly. But will this insurance include damage they inflict on other road users? :popcorn:


I know, of course there's plenty to discuss, my point was more that one line completely sums up the sensible "real world" assessment, and everything else is secondary.

Quote:
We could start by increasing fines for red light jumping... pavement cycling und other cyclist anti-social activity which cause nuisance to ALL other road users. :popcorn: This not an anti-cycling comment. It pro-cycling because the increased compliance to basic rules as result protect everyone. :wink:


Generally, cycle red light jumping doesn't annoy me, in fact I think traffic flows more smoothly if cyclists have moved ahead so several havn't congregated to form a little road block to negotiate when the light turns green. And with councils installing as many red lights as they can in preference to other forms of traffic control- and messing up the timing on existing lights- this is increasingly significant. However cyclists need to excercise common sense and courtesy when taking advantage of the leniancy of the law- something they often fail to do. ONce again it's always the few that ruin it for everyone else...

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PostPosted: Sun Feb 03, 2008 01:04 
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PeterE wrote:
mmltonge wrote:
ok well in 50 years time when i've never used it i'll have the righ to be peeved at being forced to buy it. If it wasn't compulsary, I wouldn't pay for insurance.

And what happens when you (or someone else without insurance) causes an accident that damages someone else's £30,000 car beyond repair?

I don't condone every action of the insurance industry, but IMV public liability insurance is essential for all road vehicles.


Well I have 100% confidence in my own driving ability - any crash that can be avoided I will avoid. Any crash that can't be avoided (ie, a tree falling on my car, a lorry jackknifing and crushing me) isn't my fault and i'm the one in financial risk not anyone else. The chances of an unavoidable crash happening to me are so small I'd prefer to save my £1000 (not £50... who the hell has a £50 premium) premium with £1000 excess.

As for knocking over a child, I drive sensibly enough around residential areas to be able to a) brake before hitting someone, b) be going slow enough for the impact to not have such consequences and c) for it to be their own stupid fault for not looking.


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PS - What's the new zealand model?


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Quote:
a) brake before hitting someone, b) be going slow enough for the impact to not have such consequences and c) for it to be their own stupid fault for not looking.


a) Are you really 100% sure? Don't you ever get distracted? Maybe a sneeze at the wrong moment etc.?

b) You don't have to be going very fast to cause potentially brain damaging head injuries to a person. The lifetime care compensation could run into millions. Could you afford that...

c) See the thread about the f:censored:g idiot cyclist who ran a red light - it doesn't matter whose fault it was these days - the driver pays...


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mmltonge wrote:
Well I have 100% confidence in my own driving ability - any crash that can be avoided I will avoid. Any crash that can't be avoided (ie, a tree falling on my car, a lorry jackknifing and crushing me) isn't my fault and i'm the one in financial risk not anyone else. The chances of an unavoidable crash happening to me are so small I'd prefer to save my £1000 (not £50... who the hell has a £50 premium) premium with £1000 excess.

As for knocking over a child, I drive sensibly enough around residential areas to be able to a) brake before hitting someone, b) be going slow enough for the impact to not have such consequences and c) for it to be their own stupid fault for not looking.

I'm sorry, but that seems like an extremely arrogant attitude. Nobody, even the best driver in the world, can guarantee they will never, ever make a mistake or an error of judgment. Nor can they guarantee, however fit and healthy they are, that they will never be taken ill behind the wheel.

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