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taken out on bike by idiot bus driver opening doors

It sounds like they're bullshitting. What is admissible in Court is evidence either given verbally or in writing. If it's to be used in writing it must be on a statement which complies with the Criminal Justice Act 1967. That is a purely administrative matter. A written statement will only ever be used in place of oral evidence if the defence have no challenge to make to it.

Admissions by the bus driver are perfectly admissible in evidence, in the form of the account of anyone who heard them (police or public).

If the police cannot be arsed watching the CCTV, you are perfectly entitled to make an application under the Data Protection Act 1998 for the footage to be provided to you as it is needed in connection with civil proceedings. There is no reason why thw bus company should not comply with this request from you, but it will have more power coming from your insurers or a solicitor. YOU should immediately write to them and put them on notice that it will be required though - it is not kept long and by the time insurers / solicitors get round to it, it's usually gone.

If they cannot be bothered tracing witnesses (assuming you have more detail than "a security guard" or "a passenger") then that is a failure to provide a satisfactory service. There is nothing to stop you making contact if you know who they are and asking them to provide a written account of whatever they recall.

It sounds like the police have failed to properly investigate and deal with this matter. You should consider a formal complaint.

There is often a problem with proving traffic offences to a criminal standard (beyond reasonable doubt) where there is only one account against another. That is not a reason to avoid trying to find other evidence which may help reach that standard. Whatever the evidence, it is far easier to prove a case in civil law as that only has to be to a lesser standard, the balance of probabilities.

Even if the police DID prosecute, you would still have to pursue a civil case seperately - the two are NOT linked at all, though a criminal prosecution, and especailly a conviction, would usually make the civil case a formality.

(ETA: For the information of Crispy, I am simply posting this because I believe it may be helpful to ringo and not to wind dream girl up. If I thought for one moment she may be able to provide similar detailed advice, with a similar degree of insight, experience and knowledge, I would, of course, have left it to her ... )


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My thoughts...

I've just seen this and I thought I'd have a say here. Why? Well for two reasons.

(1) I'm a cyclist and ride to work every day.
(2) Please don't hate me for this, I'm also a bus driver.

My response as a bus driver :
The bus driver in question should NEVER have opened the doors, and yes I know it is a major annoyance for passengers to wait on the bus until it reaches the stop. I get yelled at all the time by passengers who don't want to wait until the bus finally gets to the stop where they can get off safely. I really get hacked off when I see other drivers doing things like this, it reflects badly on me as a bus driver when they do. "Oh but the driver yesterday let me off... come on!" is something I've heard all too often.. that and "You *****er!" even so I won't open the doors until I get to the stop. Just because something like this could happen.

Take a look at the size of the wing mirror on a bus next time you go charging up the inside, then try and work out how big you are going to be in that bit of glass... probably a thin dark indistinct shape about 10cm tall. Now think about how far away the driver is from that mirror... YOU ARE ALL BUT INVISIBLE!

My response as a cyclist :
If there wasn't a cycle lane on the inside of the bus WTF were you doing undertaking a large vehice... or any vehicle for that matter? Cyclists are damn hard to see at the best of times and unless you are lit up like a christmass tree and wearing bright and reflective clothes you.. sorry... we can be damned near invisible. I know it is so easy to ride up the inside of a queue of stationary cars... it looks safe, we can fit though the gap so why not? I won't because it is bloody dangerous! If something goes bad, with us being so vunerable, it can go bad in a very big way. Yes the driver shouldn't have opened the doors, but how would you feel if that have been more serious... If that woman had been knocked over and hit her head on the curb maybe she could have died...

Bus drivers should drive safely.
Cyclists should ride safely.

Why can't we all get along?
 
I've just seen this and I thought I'd have a say here. Why? Well for two reasons.

(1) I'm a cyclist and ride to work every day.
(2) Please don't hate me for this, I'm also a bus driver.

blimey. a reasonable post on the transport forum.

I don't envy you your job btw.
 
(1) I'm a cyclist and ride to work every day.
(2) Please don't hate me for this, I'm also a bus driver.
You're new here, aren't you? :confused: I'm afraid this is U75. It is obligatory for you to be firmly in one camp or the other for the purposes of "debate" around these sorts of issue. I'm afraid I must ask you to make your selection now...

:D :D :D


Oh my God! It's a worse case than I thought ...

Why can't we all get along?

Matron! The screens! ...
 
You're new here, aren't you? :confused: I'm afraid this is U75. It is obligatory for you to be firmly in one camp or the other for the purposes of "debate" around these sorts of issue.

oh db, you KNOW that all drivers are wankers.

come on. don't pretend.
 
I've just seen this and I thought I'd have a say here. Why? Well for two reasons.

(1) I'm a cyclist and ride to work every day.
(2) Please don't hate me for this, I'm also a bus driver.

My response as a bus driver :
The bus driver in question should NEVER have opened the doors, and yes I know it is a major annoyance for passengers to wait on the bus until it reaches the stop. I get yelled at all the time by passengers who don't want to wait until the bus finally gets to the stop where they can get off safely. I really get hacked off when I see other drivers doing things like this, it reflects badly on me as a bus driver when they do. "Oh but the driver yesterday let me off... come on!" is something I've heard all too often.. that and "You *****er!" even so I won't open the doors until I get to the stop. Just because something like this could happen.

Take a look at the size of the wing mirror on a bus next time you go charging up the inside, then try and work out how big you are going to be in that bit of glass... probably a thin dark indistinct shape about 10cm tall. Now think about how far away the driver is from that mirror... YOU ARE ALL BUT INVISIBLE!

My response as a cyclist :
If there wasn't a cycle lane on the inside of the bus WTF were you doing undertaking a large vehice... or any vehicle for that matter? Cyclists are damn hard to see at the best of times and unless you are lit up like a christmass tree and wearing bright and reflective clothes you.. sorry... we can be damned near invisible. I know it is so easy to ride up the inside of a queue of stationary cars... it looks safe, we can fit though the gap so why not? I won't because it is bloody dangerous! If something goes bad, with us being so vunerable, it can go bad in a very big way. Yes the driver shouldn't have opened the doors, but how would you feel if that have been more serious... If that woman had been knocked over and hit her head on the curb maybe she could have died...

Bus drivers should drive safely.
Cyclists should ride safely.
Good post.
 
Happened to me twice.

First time the guy had a baby in his arms while getting out, I pranged big time and was lucky enough the guy was safe and took me down the insurance to cough up. I had no insurance, he didn't have to do it but respect to the bloke he got me a new bike, bout £800.

Second time I had to leave it cos I couldnt afford to get a solicitor and no witness or owt.
 
Still got a scar on my leg from the puncture wound. The insurance claim is finally settled, the bus driver and his insurance company admitted full liability and I received a cheque for £1000 today.
 
Still got a scar on my leg from the puncture wound. The insurance claim is finally settled, the bus driver and his insurance company admitted full liability and I received a cheque for £1000 today.

This makes me happy, my heart sank when you said the police were dropping it :( It took a while though hey? :o
 
Yes, I never expected much from the police, almost didn't bother with the legal stuff, but glad I did in the end. It's a slow, painful process, designed to make the solicitors their money I suppose.
 
Glad everyone in the situation was ok, but disagree it was the busdriver's fault - It's a case of bloody dopey pedestrians as usual. It's bullshit being trapped in a bus when there's a huge traffic jam and you're in a hurry. (just press the emergency buttons and look left and right if the driver is a cock about it.) Also buses and lorries are number 1 on my list of things trying to accidentally kill me when I'm on my bike (just above suicidal peds). I think Ringo was either going too fast as he undertook the bus, or he needs better brakes.

As ringo said "The bus was in the middle of the road in a queue of traffic, it wasn't like I charged through a little gap." So it was very risky of the bus driver. Always be careful of buses and lorries though in whatever circumstance. Also avoid being a women at a junction, this is very dangerous too :p
 
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