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Not-so Near Miss of the Day 401: Driver pulls out on Guernsey cyclist who has no chance to brake

Our regular series featuring close passes from around the country and beyond - today it's Guernsey ...

Now and again in our Near Miss of the Day feature, we have a video that goes beyond that description, with the incident resulting in the cyclist being knocked off their bike – and that’s what we have today, as a motorist pulled out on a road.cc reader commuting to work on Guernsey. What's more, a painted bike lane surface combined with wet weather meant there was little chance of the cyclist braking in time. But despite the rider sustaining injuries and his bike being damaged, as well as an off-duty police officer being at the scene, no action was taken against the driver.

Here’s what road.cc reader Alex, who submitted the video, told us: “Until this incident I used to commute along a contra-flow bike lane which, at the very end, has priority over a side road which is used as a rat-run for the nearby school.

“Over the years I’ve been knocked off twice before at this junction, and I’ve survived countless near misses, as because of the one way road system motorists seem incapable of looking right for cyclists and just pull out without stopping despite numerous warning signs.

“Indeed, in an effort to make the bike path safer for cyclists and more visible to motorists, it was painted blue late last year by the Traffic & Highways Department but unfortunately all that seems to have happened is that the painted areas are now lethal to cyclists in the wet.

“I was on my way to work on 10 February this year when, once again, a motorist, once again, failed to stop at the yellow line at the junction and pulled out in front of me.

“Given the frictionless state of the wet road surface I had no chance of avoiding the side of his car, which caused over £1,000 of damage to my bike (including a bent fork and cracked wheel rim) and injured my elbow, hip and knee.

“The motorist hung around just long enough to accuse me of not looking where I was going before driving away from the scene without providing his details, leaving me sitting in the road waiting for an ambulance that another motorist had called.

“It turned out that one of the people caught up in the traffic jam was an off-duty police officer, and he called up the station to put out a calling all cars alert in an effort to find the driver. I was told he was later located at home.”

Alex continued: “I’ve long since given up on bothering to report anything to Guernsey Police given my past experiences of the unwillingness of the Criminal Justice Unit to prosecute any offence against cyclists (even with video evidence and when I’ve ended up in A&E), but I felt I was left with no choice in this instance as an on-duty officer arrived shortly before the ambulance and took the SD card from my bike camera there and then.

“Despite being in shock at the time, I do remember laughing as I assured him that nothing would come of giving a statement, but he was confident that at the very least a prosecution for failing to stop at a yellow line was ‘nailed on’, even if failure to report an accident might be difficult to prove given the 24 hour time limit to do so.

“Imagine my lack of surprise, therefore, when I received notification last week from the Criminal Justice Unit that ‘it would not be in the public interest to prosecute the driver’,” he added. “It certainly keeps the road crime stats looking good!”

> Near Miss of the Day turns 100 - Why do we do the feature and what have we learnt from it?

Over the years road.cc has reported on literally hundreds of close passes and near misses involving badly driven vehicles from every corner of the country – so many, in fact, that we’ve decided to turn the phenomenon into a regular feature on the site. One day hopefully we will run out of close passes and near misses to report on, but until that happy day arrives, Near Miss of the Day will keep rolling on.

If you’ve caught on camera a close encounter of the uncomfortable kind with another road user that you’d like to share with the wider cycling community please send it to us at info [at] road.cc or send us a message via the road.cc Facebook page.

If the video is on YouTube, please send us a link, if not we can add any footage you supply to our YouTube channel as an unlisted video (so it won't show up on searches).

Please also let us know whether you contacted the police and if so what their reaction was, as well as the reaction of the vehicle operator if it was a bus, lorry or van with company markings etc.

> What to do if you capture a near miss or close pass (or worse) on camera while cycling

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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14 comments

Avatar
longassballs | 3 years ago
1 like

I hope you've claimed against their insurance at least?

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iandusud | 3 years ago
2 likes

Outrageous but, it would appear, commonplace. This is one of the reasons I joined Cycling UK several years ago. We sadly cannot expect the justice system to give us our rights as cyclists so we need the support of Cycling UK who are, above all, a campaigning body for cyclists rights. Can I please urge all of you to join and use their legal help scheme if faced with a situation like this one. 

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NZ Vegan Rider | 3 years ago
0 likes

What SCUM they are in so many ways!

Police ;-(

 

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Gary's bike channel | 3 years ago
0 likes

my advice is as below, or above. The one that saysget a solicitor and follow it up as theres definitely evidence here for prosecution. I'll let you know two things that happened to me. One, i filtered past traffic, car stops with big gap, i assume its a phone user so carry on passing at 12 mph, then bang, a car has pulled out on my left to turn right, so i went into the drivers side of the bonnet. Driver refused to give details, foreign lady, rang her hubby, she said in broken english, he say, because you have no insurance, we just say sorry and go?   after many minutes of me trying, i watched her drive off, not knowing who she was, but knowing my helmet cam had everything on it. My front wheel was buckled in, as were the forks, so i pushed it home and did a report online. Attached the video footage. Six weeks later i got a call from an officer, telling me she had tracked the driver down and explained to her that she couldnt just drive off from the scene of a crash. She basically asked me to call it quits as her car was damaged, and so was my bike. I agreed, as it was 30 quid to get some spares and put them on[ old 70's bike]. So i was happy enough with that, as technically i was in the right and she was wrong, but then i was filtering and going too fast to stop. So i left it at that. Now another time a very angry man got alongside me , called mea cunt and yelled about a cycle lane. I shouted back that it was shared with pedestrians and i was going 30 mph. He didnt like that, blocked me in, got out his car and we got into a fight. After we'd landed blows on eachother i stopped, realised how stupid it was and rode off. Statement and clear video footage taken to police. Their response.'' We find had you been using the designated cycle lane, the gentlemen would not have become angry with you and the argument would not have occurred, not that you have to by law use such a lane''.  Along those lines.  My response of you want me to cycle at 30 mph on a shared path which makes you go INTO pedestrians just because some dope in a 4by4 cant understand why it might be dangerous, and you think im the one in the wrong? so i hung up and from that day, i never report anything. Rate driver it is for me. The police are just as misinformed as the general public, unless theyre traffic cops. 

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Hirsute | 3 years ago
3 likes

I was really hoping for some immediate justice like this one.

https://road.cc/content/news/246199-near-miss-day-165-close-pass-followe...

Does not encourage me to go to guernsey if you can fail to stop at an accident and not even be charged.

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Sriracha | 3 years ago
4 likes

"The motorist hung around just long enough to accuse me of not looking where I was going before driving away from the scene without providing his details..."
This is an offence. The driver of a vehicle involved in a collision must provide their name and address, the vehicle owner's name and address and the vehicle's registration number to anyone with reasonable grounds for asking for those details.

If another person is injured, in addition to the above, YOU MUST:

Produce your certificate of insurance to a constable or anyone else having reasonable grounds to see it.

If you don't, you must report the accident at a police station or to a constable as soon as you can and in any case within 24 hours (this does not mean you have 24 hours in which to report the accident) and produce your certificate of insurance. 

https://www.askthe.police.uk/content/Q894.htm

Get yourself a solicitor.

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eburtthebike | 3 years ago
6 likes

If the Criminal Justice Unit won't prosecute with video evidence, supported by a policeman, where the driver flees the scene without providing their details, it isn't fit for purpose.  I've been there, but not on a bike; I won't be going back, ever.

Has Alex tried taking this further, perhaps by making a complaint?  I don't know what the system is there, do they have a Police and Crime Commissioner?

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AlsoSomniloquism | 3 years ago
5 likes

I would ahve thought failing to provide any details for an actual collision and injury carried more then failure to report a non injury collision. At least tell me you managed to claim from his insurance in the end?

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brooksby | 3 years ago
1 like

"You weren't looking where you were going!", says motorist who's pulled out over a cycle lane without looking whether anything was coming along it...  Would appear to be me that the driver was only looking to their left, for any oncoming motor traffic.

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Pilot Pete replied to brooksby | 3 years ago
5 likes

If he wasn't looking where he was going as the driver claimed, why on earth can you hear his brakes squealing as he attempts to emergency stop and avoid hitting the car? Unbelievable.

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brooksby replied to Pilot Pete | 3 years ago
0 likes

The driver probably didn't hear that, and just assumed that all cyclists are some sort of wheeled lemmings...

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Pilot Pete replied to brooksby | 3 years ago
0 likes

I wasn't suggesting that the driver would know, but the evidence on camera proves it to be wrong.

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Captain Badger replied to brooksby | 3 years ago
3 likes

Sun was in their eyes.....

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the little onion | 3 years ago
3 likes

Institutionally anti-cyclist.

 

It would be a different story if they had hit another car.

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