Car Accident with a Cyclist

Chewiebacca on 03/09/2018 - 18:10
Last edited 05/09/2018 - 11:56 by 1 other user

Had a collision today with a cyclist, I was driving the car, all images at the bottom of thread.

I was coming off of Princes Highway in Victoria (Normanby Rd/Princes Highway), there is a small bridge with poor visibility and very frequently congested as it was today, cars waiting either side to be able to merge onto the highway from this choke point.

I was coming off the highway, and after checking right then left (yes this was the order I looked) I proceeded to drive out, where I drove into the path of the cyclist.

I was going ~5km/h (edging out), insanely slow as I had come to a full-stop, and carefully around a van that was obstructing the majority of the vision of the bike-path (and conversely, the bike to me). This is something I have always done with a lack of vision, edge out slowly to get more information.

Initially I took full blame for the accident, I thought this was a guy on a pushbike, I really did not see him at all (all I saw were queued cars, there was next to no visibility of the bike lane), I must've misjudged.

Whilst asking if I could give him a lift to wherever he needed to go, we tried fitting the bike into my car. Whilst scanning the bike for a way to detach the wheel to see if we could reduce its footprint, I noticed a large contraption ziptied to the bike (clearly a modification, numerous zipties), which he told me was an electric motor and all he really cared for on the bike (I mentioned it looked like a Kmart bike).

The damage to my car is pretty bad, bent on both door and fender as well as deep scratches, the door doesn't open correctly without bending the door significantly (it opens maybe 20 degrees).

What are your thoughts OZB? Just wondering the legalities, because after I saw the electric motor on the bike I began to doubt myself less, and in the moment I was much more concerned with his wellbeing than about any costs.

EDIT: I’ve already compensated the person for his bike, my point is the legality of the bike in the bike lane, refer to the images for an indication of the speed he was going and the damage to my car from a push bike.

EDIT2: Have been made aware that the electric motor conversion is a home job with an eBay kit, output of 350w when the legal maximum power output in Victoria is 200w (75% above) and is therefore not an e-bike but an illegal motorbike. I have not and never had any intention of pursuing this, from the onset this post was just to discuss the implications and legalities of electric motors and the circumstances leading to the collision.

https://imgur.com/a/M9ALUrx
All images here

Automotive

Comments

    • AdamFury on 03/09/2018 - 18:17
      +25

      It appears OP is admitting fault however looking for clarification on the legality of the motor on the 'bicycle' and what role it plays in this case.

      • jjjaar on 03/09/2018 - 18:18

        Apologies, pressed post too early. I was adding text about the link I posted.

        That link should clarify whether it is considered an e-bike or a motorbike. Though from OPs description, it sounds like an e-bike.

      • HighAndDry on 03/09/2018 - 18:30
        +3

        Might not even be legal to ride that on a bike-path. Motorcycles sure aren't allowed.

        • onevstheworld on 03/09/2018 - 18:45
          +1

          If it was bought in Australia, it probably is a legal bike. Just because it's got an electric motor doesn't make it illegal.

          http://dillengerelectricbikes.com.au/blog/electric-bikes-and…

        • Chewiebacca on 03/09/2018 - 21:03
          +17

          @onevstheworld:
          Bike is Australian, but it’s a push bike with some sort of electric motor mod, no clue about the origins of the electric motor but anyway wasn’t going to argue over a few hundred bucks and the repair cost of my car when he didn’t die and that’s really all that mattered to me.

          https://ibb.co/kzrBLK
          https://ibb.co/nzDQfK
          https://ibb.co/eUSJ0K

        • Chewiebacca on 03/09/2018 - 22:07
          +15

          @Chewiebacca:

          It’s also a serious issue imo putting electric motors onto a cheap bike which has brakes that are in no way designed to be coping with speeds far exceeding its spec.

        • onevstheworld on 03/09/2018 - 23:57
          +3

          @Chewiebacca: I'm pointing out push bikes with electric motors aren't necessarily illegal.

          Assuming it's not an illegal overseas import, the rules limit the motor to 25kmph, which is entirely achievable with leg power alone, so it's not like the bike is going faster than brakes or chassis can handle.

        • Kurohayabusa on 04/09/2018 - 01:45
          +1

          @Chewiebacca:

          I have no idea about e-bikes, but if you're performing significant modifications to a car you need an engineer to check it over to make sure it meets safety standards. Perhaps they have a similar thing for push bikes and e-bikes? Either way a homemade mode secured by zip ties sure doesn't sound optimal.

        • whooah1979 on 04/09/2018 - 07:26
          +2

          @Chewiebacca:

          designed to be coping with speeds far exceeding its spec.

          Are bicycles sold with a speed limits?

        • HighAndDry on 04/09/2018 - 11:41
          +1

          @onevstheworld:

          If it was bought in Australia, it probably is a legal bike.

          Pretty sure if it was zip-tied together, it wasn't bought like this anywhere.

        • Euphemistic on 04/09/2018 - 12:32
          +1

          @onevstheworld:

          If it was bought in Australia, it probably is a legal bike

          It is all too easy to purchase a non legal e-bike at this point in time. It is even easier to purchase a non legal motor kit and stick it on any old bike.

        • Chewiebacca on 05/09/2018 - 10:02
          +2

          @onevstheworld:

          This was an overseas import rated to 350w, the legal max in Victoria is 200w before it’s considered a motorbike so it really isn’t a cyclist or a bicycle but a motorist and an uncomplied and unregistered motorcycle in the bike lane.

        • stanstho on 05/09/2018 - 23:02

          @onevstheworld: Can confirm. Just bought a legal bike and whilst it makes climbing hills nicer I hit the 25kph engine cut off SO fast and it's a fixed gear thats geared really low tbh. 30kph is moving my feet so fast I can't really exceed it.

          It's frustrating because frankly on my old mountain bike I used to hit 45 or so pedalling - I figured 25kph would be fine for the city but going even one or two kilometres on a 60 speed limit road feels so much slower than I could be going if Id just bought a real bike with gears.

        • Euphemistic on 06/09/2018 - 07:38

          @stanstho: but we don’t really know how fast he was going. It is only presumed to be 30km/h. That isn’t a lot more than 25, and even if it was 30, it was a geared bike which could easily be pedalled at 30.

        • Baghern on 06/09/2018 - 10:28

          @Chewiebacca:

          Even cheap bikes comfortably go 40k+, so breaking isn't the issues.

          Electric bikes dont have special breaks

          Assuming hes following road rules, electric bikes arent allowed to go over 25kmph… normal road bikes easily do 50k all the time

        • chanleystan on 06/09/2018 - 13:30

          @Chewiebacca:
          Out of curiosity. How come he's riding a girls bike?

    • Zedsdeadbabyzedsdead on 03/09/2018 - 19:10
      +6

      That's wheely good advice

  • Clear on 03/09/2018 - 18:18
    +3

    Did you get a picture of his bike? If it's not road legal and you have proof….

  • Davo1111 on 03/09/2018 - 18:20
    +10

    let your insurer deal with it, mention the electric bike thing.

  • Godric on 03/09/2018 - 18:24
    +9

    I think regardless of whether the bike had a motor or not you still have to give way to all oncoming traffic.

    But cyclists be cyclists so GL to you OP

    • HighAndDry on 03/09/2018 - 18:32
      +2

      While this is true, the fact it might have been illegally on the bike path - while a separate and independent thing altogether - might make the rider not press the issue as hard when dealing with OP's insurer.

      • Blitzfx on 05/09/2018 - 10:55
        +1

        I think the insurance company won't pay anything to the cyclist if they were illegally on the road.
        Imagine if it were an illegal gockrt or unregistered dirt bike going down the lane. Both illegal vehicles using the bicycle lane.

        • HighAndDry on 05/09/2018 - 11:01

          Yup. And if OP's insurance company doesn't pay out, then that would be better for OP's future premiums, etc. OP should be telling his insurance about the bike's 350W(?) engine.

  • dasher86 on 03/09/2018 - 18:29
    +22

    We can give better advice if there is a paint image..

    • Chewiebacca on 03/09/2018 - 22:57
      +1

      Haha my bad, I actually did this at work on a new Mac I was given today, quickly downloaded some free paint app, had no idea it’d saved in such low quality.

    • josho9 on 05/09/2018 - 00:11

      In addition to the annotations provided by OP, we require an MS Paint topographic diagram, to ensure that there is no confusion as to the movement of the vehicles involved.

  • whooah1979 on 03/09/2018 - 18:47

    op, were you turning right on to Normandy rd?

  • stratbargain on 03/09/2018 - 18:53
    +5

    https://www.vicroads.vic.gov.au/safety-and-road-rules/cyclis…

    You'd need to find out how many watts to see if it's considered a bike or motorbike.

    But ultimately you pulled out in front of a moving vehicle (either a e-bike or motorbike) so you'll be liable. But maybe you can get him on driving an unregistered vehicle or something??

    • whooah1979 on 03/09/2018 - 18:57
      +13

      But maybe you can get him on driving an unregistered vehicle or something?

      why would op want to do that?

      push the cyclist into a corner and op may find themself on the other side of a personal injury claim.

      • stratbargain on 03/09/2018 - 19:07
        +2

        I dunno. Because based on the damage to that car it's very possible he was driving an illegal ebike and could have got himself killed…. I can only imagine the trauma for OP if the guy on the bike had of died. Even if the OP was technically in the wrong.

        Anyway I'd be letting my insurance deal with it and make sure it's reported to the police. Leave it at that.

  • chumlee on 03/09/2018 - 19:10
    +33

    Whether the bike is legal or not has no bearing on your liability. If the bike is not legal the rider can be issued with a fine but if you failed to give way it's your fault

    • stratbargain on 03/09/2018 - 19:16

      Hence why I said "so you'll be liable."

  • Zedsdeadbabyzedsdead on 03/09/2018 - 19:13
    +12

    "in the moment I was much more concerned with his wellbeing than about any costs."

    You sound honest. Good on you:)

  • altomic on 03/09/2018 - 19:23
    +3

    Bikies

    • onevstheworld on 03/09/2018 - 19:45
      +24

      E-Bikies

      • kickling on 04/09/2018 - 09:46
        +2

        They do jobs only for iTunes cards

  • Marcsie on 03/09/2018 - 19:48

    Do you have car insurance ?

    • Chewiebacca on 03/09/2018 - 19:58

      Yes

      • jason101 on 03/09/2018 - 20:49
        -4

        So why are you here?

        Call the insurance company, have a warm bath, forget about today.

        • Chewiebacca on 03/09/2018 - 21:01
          +8

          Because curiousity and I wanted to discuss the scenario, I was reflecting on this all day at work (mildly traumatised I guess you could say by what could’ve happened).

          I’m glad that things worked out as good as they could’ve (no death or injury, he went to the hospital and they cleared him right as rain) but I am still shocked that bikes that quick are allowed to be driven in a bike lane, if I was driving quickly he would’ve been wiped out. Nobody expects bikes to come flying through at like 30km/h (I really don’t know) in the bike lane.

          The mistake in my mind was largely on the speed he was going through the gap of the two vehicles i.e he couldn’t see the bridge or myself coming through and I couldn’t see him, him going full throttle (refer to damage for indication of speed) whereas I was slowly edging out is what eventuated in collision.. I feel it was impossible to avoid there but going forward I’m only going to be more cautious.

        • jason101 on 03/09/2018 - 21:15
          +3

          @Chewiebacca: So you are happy, he has a new bike and your car is smashed. Good thing you purchased insurance.

        • lolz112 on 04/09/2018 - 00:26
          +6

          @Chewiebacca:

          As a cyclist its pretty scary to know that almost every other thing on the road can kill you and most of the time there is little you can do. Its a good wake up call to be mindful of bikes even if there are sometimes riders that can do stupid things.

          I also wanted to say 30km/h is not fast for a cyclist without a motor. I can manage 30km/h on a flat road quite easily and im relatively unfit. The average speed of a tour de france rider would average 50km/h for comparison.

        • whooah1979 on 04/09/2018 - 07:29
          +2

          @Chewiebacca:

          I am still shocked that bikes that quick are allowed to be driven in a bike lane,

          Nobody expects bikes to come flying through at like 30km/h (I really don’t know) in the bike lane.

          Cyclists in nsw are allowed to ride as fast as the speed limits displayed on the road signs.

        • Chewiebacca on 04/09/2018 - 07:47

          @lolz112:

          I have no clue how fast he was going and I was just throwing random numbers out, the pictures of the damage to my car are the only indication I have.

        • jacross on 04/09/2018 - 09:40
          +9

          @Chewiebacca:

          30km/hr isnt fast for a non motorised bicycle.

        • onevstheworld on 04/09/2018 - 12:47
          +1

          @jacross:
          Yes.
          A competitive rider can do nearly double that speed on the flat.

        • Euphemistic on 04/09/2018 - 15:15

          @onevstheworld: and the fastest man in the world can do 100m in 10s, but he's unlikely to be doing that in traffic in dunlop volleys.

        • onevstheworld on 04/09/2018 - 20:22

          @Euphemistic:
          That comparison isn't valid. You're unlikely to hit a champion sprinter on the road, but you're certainly able to kill a champion cyclist.
          http://mobile.abc.net.au/news/2017-12-23/rising-cycling-star…

          I don't want to argue with you, I just want people to not underestimate cyclists and get careless around them.

        • Chewiebacca on 04/09/2018 - 20:56
          +1

          @onevstheworld:
          Why are you unlikely to hit a champion sprinter on the road? Do sprinters supposedly not venture onto the streets because there isn’t a news article on their death? Nonsense post.

          I have not underestimated the cyclists right to the road, it’s a shared area and as I did I admitted fault, drove him home, called him multiple times throughout the day to check on his wellbeing, and drove to his home again after work to pay the compensation.

          One reason for the post is because I personally believe that the bike was insanely quick and there wasn’t much I could’ve done to avoid an accident, I edged out slowly due to obstructed vision and the bike came flying through the bike lane between two a car and a van, without any vision of me entering from the bridge. Those brakes would not have helped him at that speed and distance, it is as I put it in another post a recipe for disaster. Do I have speedometers for eyeballs? No, hence why I posted the damage.

          I was not sure of the legalities of strapping (in this case ziptying) electric motors to pushbikes, I never sought to argue a case with him and I was never looking to be excused, just wanted to discuss the legality and gave context for what happened.

          The rest is already sitting with my insurance, I’m not concerned about the few hundred dollars in repairs at all, I just wanted to discuss the scenario.

        • BusMan247 on 05/09/2018 - 23:05

          @Chewiebacca: most decent bike riders can hit 50km/h+. I've driven next to some at 60km/h on a flat road. And I hate push bikes on roads in major citys. Not these keeping up with the traffic guys.. they are fine. Its those ridiculous overweight middle-aged men in spandex doing a solid 20km/h in peak hour on the way to work.. the ones that have the nerve to take the middle lane.. f**k I'm boiling just thinking about it!!

        • mafmouf on 07/09/2018 - 07:52

          @BusMan247: I'd guess you're more of a bus man…

  • Chewiebacca on 03/09/2018 - 20:07
    +7

    I’ve resolved the matter, just came back from his house after work and bought him a replacement bike of the same model, he admitted he was going a bit quick and this was a combined fault, end of the day I’m just happy all that was lost was a bike and not a life.

    FWIW a picture of the electric motor and the model of bike it was attached to, this is back at his home:
    https://ibb.co/kzrBLK
    https://ibb.co/nzDQfK
    https://ibb.co/eUSJ0K

    • Euphemistic on 03/09/2018 - 21:28
      +5

      Jeepers. Over capitalized on the bike! Rubbish brakes and an electric motor aren’t good bedfellows.

      • Chewiebacca on 03/09/2018 - 22:05

        My thoughts too, it is a recipe for disaster and I hope others reading this aren’t doing the same, slapping electric motors on a $250 “vintage petite” bike.

        • dec1an on 04/09/2018 - 11:39
          -4

          @minklet:

          Exactly this - stop blaming the victim!!!

        • Chewiebacca on 04/09/2018 - 21:06
          +5

          @minklet:

          Yes I could’ve killed somebody, I’ve written that multiple times and am extremely thankful that he didn’t die.

          I also believe it isn’t that simple avoiding an accident where a cyclist speeds between two cars in the bike lane with zero vision of the bridge whilst I was edging slowly out. The proof is in the pudding, if I had actually been flying out of that tunnel I would’ve cleaned him up.

          As I stated, the reason for the post was because I wanted to discuss the presence of that electric motor, I knew nothing about bicycles and when he told me it’s so he doesn’t need to pedal etc in my mind I became curious as to the legality of it. The law as I’ve learnt is very strict on this topic, I never thought of pursuing him because it’s not in my interest, I’m simply thankful he didn’t die, again I was just wanting to get more info re the applicable laws.

        • matthewperk on 05/09/2018 - 10:19
          +2

          @Chewiebacca: Edging out when you have zero vision is the precise reason you had the accident and is putting others at risk due to your own impatience. If you can't see, it isn't safe to move. Even going slowly, you have no idea how far away someone is, and how much room a cyclist might have between you and the car next to them. The number of times i've had cars edge out and force me into traffic is rediculous, all it would take is for you to edge a slight bit too far out and clip a cyclist and throw them in front of a car.

          Now we're past the "Stop the victim blaming"

          Electric bikes are growing as a market. Even retrofitted kits like the one on the pictured bike aren't necessarily illegal. Looking at the design, it's unlikely the size of the motor is illegal is it's a cheap battery that's paired with it. The speed an electric bike will likely take you is significantly below that which you can pedal in most cases. I've been doored a number of times and the last time i was, i ripped the door off it's hinges - that was at 25km/h probably by the time i'd braked for a second. Cars are made from thin metal. they aren't hard to dent, and often it's worse if it's an impact into a full stop, rather than rolling with the forces.

        • Chewiebacca on 05/09/2018 - 11:37
          +7

          @matthewperk:
          A 'cyclist' (he's legally a motorist as it's not considered an e-Bike) is riding parallel to Princes Highway, and speeding through congestion for traffic coming onto and off the highway is not impatient? The road is a shared zone, the onus is on all to ride/drive safely, I don't believe it reasonable for a driver to anticipate an illegal e-Bike to be flying through the bike lane with zero road sense. Yes, I edged out as I have continuously stated, and I stand by it, the safe thing to do when there is no vision is to slow down which he did not do, and his brakes were going to be of no use from that distance. It's dangerous riding plain and simple, which I can see the attitude already from cyclists such as yourself, something that is so easily overlooked.

          I am on good terms with the cyclist (we are both very thankful for what is a best-case scenario given the events), I stopped and helped him in the midst of the shock to the side of the road, consulted a neighbour to leave his busted bike at their home, drove him to his home, checked on him multiple times throughout the day, advised him to go to hospital for his shoulder pains which he did and was given the all clear, and went back to his home after work and compensated him for his bike. He showed me the model which is sold on eBay from China (refer to the photos of me in his home), what you think is irrelevant, by law it is 75% higher than the legal maximum of 200w and long considered an illegal and unroadworthy motorcycle which is not allowed on Victorian roads, let alone through bike lanes.

          I've seen numerous examples of 250w etc bikes doing 50km/h with pedalling, why would a 350w not do more? I wasn't doored, I was slammed into so your example is pretty irrelevant, the bulk mass of the car absorbed the impact, not the hinges.

          I'm glad he didn't die and that's it, this was never about money (surprising for OZB I know), but again if you're going to drive/ride on the road you have an equal obligation to do so safely, speeding through with no vision is absolutely not safe (irrespective of the bike actually being a motorbike, e-Bike or pushbike), the onus is shared just as the road is shared, and I stand by my decision to edge out slowly, hearing opinions from others is the point of this whole thread, I personally don't view it reasonable to just sit and wait on this choke point very easily several minutes (for anybody familiar with Normanby Rd/Princes Highway you'd know what I am talking about) anticipating nonsensical cyclists (nevermind illegal e-bike modifications) speeding through a blind spot as opposed to slowing down.

        • IgG on 05/09/2018 - 13:48
          +3

          @Chewiebacca:
          I think if he wasn't hurt that's a good indication he was going much slower than 50 km/h. You don't hit something at that speed without some damage to self.

          Of note, it sounds as if the van turned a bit dangerously, blocking your vision. Sadly not every cyclist is as safe as they could be, but ultimately this wouldn't have happened if you hadn't illegally entered his lane of traffic (ignoring the association between risky cycling and post-mod motors - the bogans of cycling IMO). Shit circumstances for you to be the one to cop the hit, but as someone who cycles in Melbourne, this creeping forward is an epidemic waiting for someone to get killed by impatient drivers and poorly designed infrastructure. Petition for separated bike lanes and not new toll roads to help clear the congestion to help us both.

          Thanks for doing the right thing though, at least you have common decency!

        • ronnknee on 06/09/2018 - 13:44
          +2

          @matthewperk:

          Edging out when you have zero vision is the precise reason you had the accident and is putting others at risk due to your own impatience. If you can't see, it isn't safe to move.

          If you can't see around the corner, then do you just idle your car there all day long?

        • nomoneynoproblems on 07/09/2018 - 11:05
          +2

          @matthewperk: what are dribbling about? That's precisely what you do when you can't see. You slowly edge out until you have clear vision so you can make sure it's safe.

      • Baghern on 06/09/2018 - 10:35

        road bikes typically hit 50kph all the time, 70+ downhill

        My fold up bike has hit 50k going down hill

        you dont get special breaks for electric bikes

    • Randxyz123 on 04/09/2018 - 00:11
      +13

      OP,
      It may not be over.

      You should write a settlement letter and both of you need to sign.

      Eg

      I, Chewiebacca have paid bikeman the sum of $xxx on this <date> of September 2018.

      As a result of this payment bikeman agrees that this matter is officially resolved and no further action can be taken.

      Signed

      Chewiebacca

      Bikeman

      Witness

      Take it home, send him a copy via registered post.

      http://www.lawaccess.nsw.gov.au/Pages/representing/lawassist…

      • johnno07 on 05/09/2018 - 11:12

        100% you should do this, OP. You should actually have done it before you bought the bike - but better late than never.

    • Austaurean on 05/09/2018 - 09:01
      +1

      Firstly, from memory, in the ACT at least, combustion and electric motors to pushbikes, scooters etc is not legal - some exemptions apply for electric power, i.e. for a push bile, less than 200w and as a supplementary aid only.
      https://www.accesscanberra.act.gov.au/app/answers/detail/a_i…

      I would suggest that where the traffic is built up and moving slowly, then it is very irresponsible of the bike rider to be zooming along the bike path particularly at an intersection, and why having bikes on roads built for cars, trucks, motor bikes etc is dangerous particularly when a bike rider does not ride to the conditions of the road, i.e, perhaps he should have been riding slower alongside the built up traffic, therefore the rider may have seen you and stopped, or you may have been able to see him and stopped.

      I used to ride on roads when getting to high school, until I found a bike path that was a bit further over,
      (no roadside bikeways back in the day) but I always knew I was a 'guest' on the road and rode accordingly. i.e. stay out of their way..

      To be fair, there are idiot car, truck etc drivers out there as well - so lets get that bit straight as well..
      And I am for bikes being able to use roads - but safely, in a manner not impede flow i.e. don't ride 2 abreast or in the middle of the lane etc.

      Sometimes I think the issue we have these days is that (not all, but a lot) bike riders feel like they are 'privileged' or 'own' the road, have a 'right' etc and the rules don't apply, or they pick and choose what rules they might obey and don't treat riding on the road accordingly, if they did it would keep bike riders much safer. The actions of some is creating a huge divide between cars/trucks users and bike riders which is making matters worse for all.

      I also think if bike riders want to ride on the road as a 'vehicle' they should be insured and have an identifying number plate, lets face it, cars/trucks aren't always to blame and bike riders can be, lets not get into the my car/motorbike etc is in the garage cr@p

    • Chewiebacca on 03/09/2018 - 21:41
      +2

      Should I have compensated him with two bikes then?

        • Chewiebacca on 03/09/2018 - 22:03
          +4

          I don’t see how owning up to my fault and compensating for all damages is anything but owning up to my mistakes, but sure you can ask me not to complain that’s fine.

          Discussing something that I view as a very valid concern, bikes with electric motor mods that can reach speeds enough to cause that kind of damage, in a bike lane that is akin to speeding through on a motorbike. If he’d died knock on wood I would’ve been devastated and the speed and road legality of the bike would definitely have been a huge factor, the fact that it didn’t end in tragedy doesn’t mean there isn’t cause for concern it’s just turning a blind eye until something does go wrong.

        • [Deactivated] on 04/09/2018 - 00:22
          -7

          @Chewiebacca:

          Are you the police?

        • Chewiebacca on 04/09/2018 - 07:44
          +2

          @Drew22:

          Yes and I wanted to bring this to my fellow OZB Police.

        • minklet on 04/09/2018 - 11:03
          -6

          @Chewiebacca: You're looking for a way to justify your mistake. Plain and simple.

        • Chewiebacca on 04/09/2018 - 22:10
          +2

          @minklet:

          I’ve just identified the model of his electric motor has an output of 350w, which is 75% higher than the legal max in Victoria (200w). Acting like this wasn’t a factor is just ridiculous.

        • SnakeCasablanca on 05/09/2018 - 13:09
          +4

          compensate
          noun
          1.give (someone) something, typically money, in recognition of loss, suffering, or injury incurred; recompense.

          What he is doing is the very definition of 'compensating'.

        • [Deactivated] on 05/09/2018 - 13:15
          -2

          @SnakeCasablanca:
          "in recognition of"
          Compensation is different to replacing damaged property.

        • SnakeCasablanca on 05/09/2018 - 13:41
          +3

          @Drew22: You're wrong. But please feel free to continue thinking you're right. :)

  • CheapSticks on 03/09/2018 - 21:24
    +8

    You seem like a nice person !

    • digitalbargain on 06/09/2018 - 17:57

      and i'm sure you'll (and hopefully others) will be more careful in future

  • Lexan on 03/09/2018 - 21:46
    +1

    You have left this matter to insurance just in case he asks for more money for his injury. He's lucky he didn't die on full speed. His fault too for not slowing down near jammed up traffic. I would have slowed down.

  • Smashed Avo on 03/09/2018 - 22:45
    +2

    You got shafted, you got hit by someone operating a presumably unregistered motorized vehicle in a bicycle lane, and then paid them money? Yikes.

    • Levathian on 04/09/2018 - 13:08
      +5

      Yeah I agree. What is a motorcycle doing in a BIKE lane!?

  • elgrande on 04/09/2018 - 07:13

    Dear Sir,
    Please be advised that Stacks the law firm have taken this thread as evidence in relation to a recent accident involving our client - this includes the professionally designed images describing the scene of the accident.

    Regards

  • kickling on 04/09/2018 - 09:52
    +1

    I assume police report was filed (because insurance needs it)?

    There's a period where the cyclist can still claim for injuries under your 3rd party insurance. I am in SA so law might be different, but I was hit last year and months later had to reopen my case for my injured wrist.

    I don't know if you'll be contacted again as it should be him/her dealing with the 3rd party insurer to cover medical costs, but just thought you should be aware based on my experience.

    • R-Man on 05/09/2018 - 13:57

      In VIC our CTP/medical insurance is part of our rego (called TAC insurance)

      Hopefully they won't have to deal with that - but if they do, as far as I understand, TAC premiums do not go up based on driver history. It's a no fault system as well.

  • kingsville on 04/09/2018 - 10:19
    +9

    OP - as a cyclist who has been hit by a car that failed to give way, thank you for helping and compensating the cyclist. You did the right thing. In my experience, not everyone does this (the driver that hit me would not pay a cent and I would had needed to involve lawyers)
    I agree that it is easy to focus on the queues of cars and forget about the green stripe of a bike lane on the road.

    • Chewiebacca on 04/09/2018 - 19:12

      Exactly what happened, I was edging out slowly due to complete lack of vision from the right and before I knew it the bike had flashed past the van and slammed into my drivers side front fender with that impact. If I had actually been driving quickly I would’ve wiped him out, I never debated the topic of right of way I was simply bringing up where the law stands with having zip tied electric motors fitted to bikes, I never bothered debating this with the cyclist or investigating his bike because as I stated I am much more concerned about a life than a few hundred dollars and I was liable for being in his path in the bike lane.

  • RedFromBlue on 04/09/2018 - 10:26
    +3

    Another user trying to justify a crash? Got to be one of the top five rules something around giving way to traffic in the street you are entering. Traffic being all traffic including food traffic. Suggesting the bike is not legal for bike path, how about the 50% of un-roadworthy vehicles? If you fail to give way to an un-roadworthy vehicle, are you in the right there too? Move on.

  • minklet on 04/09/2018 - 10:45
    -1

    Electric motors on bikes are legal, please kindly drop this terrible attitude of trying to justify your negligent driving that could have killed someone.

    • Euphemistic on 04/09/2018 - 10:49
      +12

      SOME electric motors on bikes are legal.

      • dec1an on 04/09/2018 - 11:41
        +1

        SOME road designers have a conscience and a brain

    • smalltime0 on 04/09/2018 - 19:08
      +2

      AFAIK in every state they need to either be below a power output or have a speed restrictor on them.
      If the cyclist couldn't see the near stationary car edging out, they wouldn't have seen a pedestrian either.

    • Chewiebacca on 04/09/2018 - 22:08
      +5

      Just confirmed the model of electric motor fitted to his bike, 350w when the maximum in Victoria is 200w, and 250w if a certified Pedalec bike, so significantly over. Not legal.

      This means it’s an unregistered and unroadworthy motorbike in a bike lane.

        • talbot777 on 05/09/2018 - 08:12
          +2

          @whooah1979 you are incorrect according to Vic roads:

          https://www.vicroads.vic.gov.au/safety-and-road-rules/cyclis…

          A motorised bicycle is not classed as a bicycle if:

          the motor is not an auxiliary source of power (a person must still be able to propel the bicycle via pedals without the motor operating).
          the motor's power output exceeds 200 watts (whether or not the motor is operating), unless certified as Pedalec.
          These are considered to be motorcycles. The rider will be required to hold a motorcycle licence and have the vehicle registered before it can be used on the road network.
          Motorcycles cannot be ridden on footpaths or bicycle paths. Motorcycle riders must wear an approved motorcycle helmet.

          In this case, it would be classified as a motorbike requiring to be registered.

        • HighAndDry on 05/09/2018 - 10:06
          +2

          No… it just makes it an illegal and not-roadworthy motorcycle.

          You're making a (somewhat classical?) fallacy of reversing definitional cause-and-effect. A motorcycle must legally have VIN and engine numbers. But a motorcycle isn't defined by having those.

        • whooah1979 on 05/09/2018 - 14:11
          +1

          @talbot777:

          op hasn't presented any evidence that the widget that is attached to the bicycle is rated at 200w or more. what we have is an image of a widget that may or may not work.
          https://imgur.com/a/M9ALUrx

        • whooah1979 on 05/09/2018 - 14:15

          @HighAndDry:

          i haven't seen op present evidence to support their claim that the widget in the image has an output rating more than the vic legal limit.
          https://imgur.com/a/M9ALUrx

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