Minor accident, need some advice

[Navanod]

Hi all,

 

Had a minor accident recently but its causing me alot of headache because its the first time I got into a TP investigation after 5 yrs of riding.

 

Firstly, the accident itself.

 

It happened on a 2 lane road with bi-directional traffic. Continuous white line separating the 2 lanes. It was late evening and was dark and hazy.

The road runs through many private and landed properties and had many small roads turning into it (almost one every 10meters).

I was turning right, out from one of these small roads. No traffic lights, no give way lines, no yellow box...nothing at all other than the single white divider line.

 

Traffic conditions on my side of the road was basically bumper to bumper slow moving jam while the opposite direction (the side I was trying to turn into) was completely clear with the occasional vehicle.

 

After waiting there for a while with my signal blinking, a car decided to stop and give way to me. Thanking the driver, I inched out to the center divider (Continuous white line) as I'm not able to see the traffic on the opposite lane due to the visual obstructions from the traffic jam on my side of the road.

 

At this point, my front wheel just crossed the divider and upon seeing that the opposite lane is clear and safe to continue, I turn to look right and was just starting to throttle when another bike appeared beside the car that gave way to me. It all happened so fast (and there were so many headlights in my eyes) that I was unable to make out if the other bike was still in lane, or riding against traffic on the opposite lane.

 

The other bike was barely able to brake in time and our front wheels connected but neither fell down because the impact was very little.

 

However, the other rider then claims to be hurt in one leg and unable to move. The driver who gave way to me got out and help to steady the bike while I parked mainstand and helped the other rider to the curb.

 

Thinking that the other rider was really badly hurt, I called for an ambulance. At this point, the helpful driver asked us to move our bikes to one side and drove off while I was on the phone. Too late to take photos

 

When the ambulance arrived, the other rider actually felt better, and while I was helping to move the bikes to a safer location, the ambulance crew actually suggested that we do not use the ambulance service as that will trigger a TP case.

However, the other rider then insisted that I was in the wrong and not knowing the condition of that leg, I was not willing to go for private settlement or make any admissions there and then, especially since I do not feel that it was solely my fault.

 

Rider got sent to hospital and a TP later arrived and took possession of the other bike while issuing me an appointment to see an IO.

 

There was no observable damage to both bikes and I only slightly pulled a muscle.

 

On the day of the appointment, I was told by the IO that I'm most likely at fault since I was turning from minor road to major road. Based on mitigating circumstances, I may get away with just a warning or at worst 9pts and $200 fine.

Even if the other rider is found guilty of riding against traffic, it'll be a separate charge and my charge will still stand.

 

 

Looking up the law, a 9pt is for:

 

"Driving without due care or reasonable consideration for other road users."

 

very vague...

 

More likely, based on the minor rd to major rd point the IO gave, I'm at most

"Failing to give way at uncontrolled junction." only a 4pts offence.

which is not true, since I waited for so long before exiting the minor road.

 

On the other hand, the other rider may be "Driving or riding against the flow of traffic." A 6pts offence.

 

With that being said, either one of us could be said to be "Driving without due care or reasonable consideration for other road users." since its such a vague statement.

 

My question to the experts here are:

 

1. Does the other rider truely have right of way? Even when its a single lane road and the bike is riding on the divider line (or on the opposite lane) to overtake an entire stretch of jammed up cars?

 

2. Since I'm potentially being charged for not giving way, is lack of visibility a valid defence?

I would've gladly given way had I seen anything coming but the fact is that the car I was giving way to gave way to me and the bike was not visible since it was being blocked by all the cars in the jam.

Furthermore, if the other rider could not see me in time, when the other rider's attention was focused in front and I had my entire flank showing, how can I be expected to see the other rider? The fella was hidden behind other cars, moving very fast, only exposing the narrow front and was effectively just another headlight in a sea of headlights glaring into my eyes.

If the rider was hugging close to the cars, I couldn't have seen the bike. If the rider was not hugging the cars, then it must be against flow of traffic since the road is so narrow, there're barely enough space for a car, let alone a car plus a bike.

 

3. Is the degree of risk taking a valid point to bring up if I need to appeal?

Compare a guy who's very careful and deliberate in making a right turn, to a rider who's overtaking an entire fleet of cars in a slow jam at high speed (high because the rider was unable to stop in time) by riding on the divider line (or against traffic), and being fully aware that there're hidden exits along the road every 10 meters.

 

4. If the other rider was found to be riding against the flow of traffic, does that means that the rider's right of way (by virtues of being on the major rd) is forfeited?

 

Lastly, any other fresh prospectives are greatly appreciated.

 

My aim is not to get the other rider into trouble but I feel that this is a "poor traffic condition + poor visibility + risk taking" caused accident and I should not be taking all the blames.

 

In fact, it is such a minor bump and the entire thing could've been avoided if I haven't been so hasty to call for an ambulance.

Perhaps the insurance companies would've given a 50/50 or close to 50/50 assessment had the TP not gotten involved.

 

Thanks in advance!

Edited September 24, 2009 by Navanod

[Navanod]

Apologies for the wall of text above but I feel I had to explain the incident in full detail for everyone to make an assessment.

 

I had just read this thread

http://www.singaporebikes.com/forums/showpost.php?p=816442&postcount=2

 

and it appears that the other rider may be liable for Careless driving:

"No vehicle shall be driven or ridden upon a road otherwise than in an orderly and careful manner with due regard for the safety of others."

 

Examples of careless driving

 

b) A driver who crossed the centre white line when overtaking and failed to look towards the direction of oncoming vehicles as his attention was diverted;

 

 

while I may be in for Inconsiderate Driving, which is a lesser offence

 

c) Failure of a driver in a vehicle emerging from a minor road to give way to vehicles on a major road especially at road junctions and causing vehicles to apply brakes or to slow down

 

Perhaps it all boils down to right of way and whether the other rider actually crossed the white line?

[IvikaRazI]

So sorry bro...too many text. I myself confused. Anyway that you can draw out the situation, scan and post it here. I believe its clearer that way.

[Navanod]

Thanks for the tip bro. As attached.

 

I'm bike A

The other rider is B

And the driver who gave way is C

 

There're cars extending all the way in both directions due to the jam

[Navanod]

Upzzz for advice?

[econbizer]

Examples of careless driving

 

b) A driver who crossed the centre white line when overtaking and failed to look towards the direction of oncoming vehicles as his attention was diverted;

 

Bro, when I read the abv text after looking at your picture, my take is that the other rider isn't liable for reckless riding. But this is just my (another bystander's) perspective:

- Other rider was on the major road, hence having the right of way

- He crossed the line, but it seems to me the context of the above offence does not apply to this case. It would apply without doubt, if you had been riding on the major road & in the opposite direction.

- From your drawing, it seemed likely that the other rider crossed the line in hope of avoiding you.

- The fact is that you rode in from the minor road, hence the onus is on you to inch out and check traffic before proceeding.

- The other rider should have slowed down for safety, but did not.

 

 

All these being said, if there was a yellow box where you turned into, you would have a stronger case for not being reckless. In your position, I would appeal for leniency to waive the demerit pts n reckless riding offence, on the grounds that the accident was caused by poor visibility & traffic conditions.

 

I kenna knock car's backside (just 2 seconds after moving off from inertia) cos he jam brake immediately after stepping hard on the gas. Who would expect the car in front to jam brake 2 secs after moving off??.. L.L. just pay and lesson learnt = stop 2 whole car length away behind vehicle in front & move off very slowly. The similarity to your case is that a 3rd party who did not witness it 1st hand would most likely be inclined to think that we are in full fault.

 

If your appeal is unsuccessful, just take it as a lesson and ride (even more) safely in future.

Edited September 28, 2009 by econbizer

[Navanod]

Thanks for the reply bro. I'll keep your words in mind if the TP decides to charge me.

 

Sorry I was away overseas and didn't check this till now.

 

Anyways, i opened my letterbox upon returning and see a lawyer's letter stating that I have a pending claim against my insurance.

A check confirms that if the lawyer is involved, it normally means a medical claim rather than a repair claim.

 

According to a friend who experienced it before, the lawyer fees alone is already very ex, so its unlikely that the claim will just be for medical cost since the medical cost incurred would just be an ambulance ride and outpatient treatment at A&E.

 

Based on a blueblack on the leg that the A&E does not even think is worth bandaging, and with no loss of mobility, how much can a person claim?

I've heard horror stories of super inflated medical claims, citing lost of job opportunity (promotion) due to a minor injury, and then calculating the loss of income for the entire working lifetime.

Or purposely claiming to have some unverifiable residual injury that requires physio or prolonged medical treatments, then abusing it by opting for all the expensive options and charging it to the claim. Evening the transport fees to go for physio can be included!

 

Unless something serious really showed up a few weeks later, like a hidden fracture or something, I would be very pissed to know that the system is being abused at my expense.

Anyone got experience or advice to share on that?

[Navanod]

WTH, really kena 9pts and $200 for the "Driving without due care or reasonable consideration for other road users."

 

I intend to appeal

[Jeethan]

yes bro appeal your case.