The incident:
cycle (me) Vs Van. (sort of)
Scene:
I cycle to work via Esmond Rd, turning right onto Lake Rd. in auckland to commute to work. There is a cycle lane clearly marked out with solid white line,
For those that are familiar with the Esmond Rd. Lake Rd 't' junction, it has two right turning lanes, and one ~30m left turning lane. The cycle lane to turn right runs between the two right turning lanes and the one left turning lane.
Now what happend this morning:
I was approching the set of lights controlling the 't' intersection, they were red at the time with cars backing up and more as i approached. Now a van overtook me and joined the rest of the waiting traffic. Came to halt too faraway from the lights to get into the left turning lane (which only had one car in it.)
I kept pedealing toward the crossing. Then without indication the van moved left, blocking a majority of the cycle way, then stopped there..
Long story short, I didn't have enough room in lane to safely pass, too late to stop. So only options i saw were to a) 'bin out' and see how the concrete deals with me. or b) just brace up as close to curb as i colud and maybe just bend the vans mirror forward.
I opted for plan b. and pased by, (what i thought was fine with glancing the vans left wing mirror)
unfortunatly the vans mirror was much more worse off than antisipated, cracked it and the glass popped out!! (as i find out soon)
the driver of the van caught me up and demanded my details and believed i had to repay damages,
I explained that i wasn't left any other option because of how he hadn't given me any room.
i yelded and gave him some details, but said i will check out the liabilities of the situation. i don't mind paying if i am wrong of cousre. however only if i have to due to the potentially dangerous of his behavior...
Hi easypedal I cycle that
Hi easypedal
I cycle that route and make that turn into Lake Rd frequently. An unfortunate incident from which we can all learn, and I'm glad you're ok.
With regard to fault, it seems you did all the right things to avoid a collision. The van driver both failed to indicate, and pulled suddenly into your lane without giving way, both against the law. That you hit him despite evasive action makes it a more serious offence.
Hold your ground, explain he's at fault, and tell him he's lucky you're not claiming a new bike from him. If he gets aggro, go the Police immediately. In fact it wouldn't hurt to report the crash to the Police anyway (even though non-injury). They may choose to charge him, or at least enter the crash into the database so it's recorded for future analysis.
Let us know how you go.
Cheers
Steve
Have a read of the Road User
Have a read of the Road User Rule; Part 2.3 Use of Lanes.
http://www.legislation.govt.nz/regulation/public/2004/0427/latest/DLM303...
A driver, when driving on a road marked in lanes,—
*
(a) must drive as far as practicable entirely within a lane except when complying with subclause 2.1(2) or when changing lanes; and
*
(b) must not move from a lane until he or she has first ascertained that the manoeuvre may be made safely.
owever, a driver may drive, either wholly or partly, in a lane that is unavailable to the driver under subclause (1) [this refers to special vehicle lanes, which a cycle lane is - editor] or subclause 4.6(2) to (4) if—
b) subject to giving way to vehicles entitled to use the lane,—
So you are fully in the right here. As Steve says, I'd report the crash to the Police pronto.
What to do if you crash -
What to do if you crash - info from Bike Victoria
http://www.bv.com.au/join-in/40011/
I would add this advice: near misses and crashes are scary. Take a deep breath and count to 10. It is hard to think straight immediately after a crash so take your time.
You may find that after 5 or 10 minutes you feel quite differently, e.g. anger.
You don't have to put up with dangerous driving. You have every right to use the road. Stand your ground.
Hope you are ok now.
i agree with the responses
i agree with the responses thus far and for you to follow all the advice given.
this occurs a lot to me on Khyber Pass Road at the intersection with Broadway but fortunately have not come unstuck yet.
in addition to the regs quoted by maxwel, the bike lane is a legal lane established by a Council by-law and should not be used by other vehicles except when crossing over the cycle lane (to the left turning lane) at the broken lines only. when they do this they have to still do so as per the regs.
you might want to call Kit O'Halloran at NCSCC (486 8600) to discuss and let him know what occurred.
glad you are ok.
Pravin
I reiterate: You must
I reiterate: You must report it to the Police. You won't have a leg (bike to cycle) to stand on if you don't.
Hope you're OK
Hi everyone. Thanks a lot
Hi everyone.
Thanks a lot for all of your advice guys.
the van driver who i ended up giving my cell no. and email address to (just a hotmail) still hasn't contacted me. been 48 hours now.
so i guess the guy has calmed down and realisied who was in the wrong.
i haven't reported the near miss/ accident to the police as such. however i did call into the takapuna cop shop on the way home and explained the event. the advice given by the cop (unofficially) was pretty much don't do anything, and if the van driver wants me to pay, i can pick up a standard form from the police station. Then the cop mentioned that the van driver was probably lucky that i'm a relaxed chap and just carried on as opposed to 'tearing him a new one' for poor driving!
might just go and do that form thing anyway from what you all have been saying, just to keep a paper trail going.
again everyone, thank you for your support.
Damage to other vehicle
What is concerning, is that you simply continued riding, despite knowing that you had caused damage to the van. No doubt you're also the sort of person who would swing your car door into another vehicle in a supermarket carpark, cause considerable damage, and drive off without leaving your details.