Serious accident while green laning in Surrey

[coolhand]

So I went out for a little ride on Sat June 4th just me and Ktmkid (Dave).

Got to Silkmore Lane, West Horsley around midday, conditions were good and we were being about as responsible as 2 guys out trail riding could possibly be, going slowly and quietly passing peoples houses etc, I had just gone from the paved bit of road to un-surfaced one, what I didn't know was that about 100m further up the cricket club has a private driveway which crosses this green lane, its not a lane I use a lot so was not aware of it, well you can guess what happens next, I'm going around 15-20mph and as I go over this crossroads a car came from the left side without slowing down or stopping (there is a sign on his side saying stop proceed with caution) and smashes into me I had no chance to do anything to avoid this.

I go flying as you can imagine was lucky to have a soft landing but my left foot took the full impact from the car, despite wearing the best boots money can buy (gaerne sg12's) my left foot was split open, In fact I don't think I could move for maybe 45mins after the accident it was a horrible shock and I was in absolute agony. I was taken to Guildford hospital for an operation to my foot, ended up in there for 2 x nights.

Now this is the interesting bit, the police have told me they cannot prosecute for without due care because I was on private property and as such the rules of the road do not apply? Now this is strange, I have spoken with Surrey Rights of Way about the location and its a BOAT and a class D road with all the same rules as a road, I have written to the attending officer at the scene to inform him that he is incorrect and therefore why not prosecute? Of course that was 2 days ago so no answer yet, from experience when you want help from the police its very hard.

So the upshot of this is, be careful when you go down this lane, there is a hidden crossroads and a 19 year old boy could be flying through without stopping/looking/slowing down, just like one did on sat.

I am now dealing with solicitors etc as its a financial disaster for me, I have so much work coming up and those that know me know I am freelance, no work no money and I need to get back to walking asap, may be a couple of months, what I am most annoyed about at the moment is the lack of knowledge the police have sounds like lazy policing to me, his email says to me that I was on a bridleway/footway (which obvs sounds bad in a liability claim) I mean what does it take to be prosecuted for without due care if this is not enough? Could have been a small kid on a bicycle and he would have killed them.

Luke A

[coolhand]

Think it's not too bad I haven't seen it since the accident, it's going to be collected by insurance damage assessors.
Luke.


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[silvergull]

Very sorry to hear this- that junction has been an accident waiting to happens for years. I have had close shaves here myself, but then I know about it, and always stop and check. The sports club users assume right of way, it is marked caution etc as far as I know from all 4 directions- This is a clear case of why you pay your TRF membership, you should have access to the TRF legal dept-I am very sure that byways are roads, with full legal implications, which is why you have to have tax, MOT, licence, insurance etc to ride them- so the rules of the highway apply- they are roads. Green roads. Can we do anything as a group to help here, and put pressure anywhere? How are the legal dept of TRF contacted? Anyone? Hope you recover soon, all the very best. b.c.

ps the access road to the sports club is a permissive access, over private property, so police view is half correct: but the byway , where this clearly happened, is not.The good news is that the perpetrator, most likely local to in this area, will probably have full cover, so you may be covered there, and be able to make a claim.

[stevent]

Luke. Send me a text and I'll get you in touch with TRF central to see what they can do.

It's a public highway, the police don't know what they are talking about.

I'm riding tomorrow so will stop and survey and photos if that helps. I think there are signs on all 4 approaches.

07796172397


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[coolhand]

Hi,

To be honest my only real concern is if there is an argument over liability, I can only claim if I am not at fault, I would have thought a public highway crossing a private driveway means I have right of way and I could not see any sign on the boat/road that I was traveling on, if I had I would have stopped. I know there is one on the side the driver came from as Dave (who witnessed the whole thing) took a photo for me and sent it to me but as far as I am aware there is no sign on my approach he sent me a picture of that too.

With regards to legal help from TRF, well as long as I don't have any problems with liability as I said I shouldn't really need any help, I have already instructed solicitors to work on my case.

They are giving me a hire car and I have had an email from the 3rd party saying they are willing to give an interim payment for loss of earnings and refer me to private healthcare for rehab etc so that is an indication of where its going and its in my favor.

Lets see what the police response is to my email and evidence from surrey county council that he is wrong, if he continues then legal help from TRF may help.

Steven I will text you, Dave sent me a photo from my approach and I can see no sign of any nature in it, so please double check when you are there tomorrow, if there is not one there there should be........

Cheers and thanks for the support.

[mudeevee]

Real sorry you were involved in an avoidable incident. I'm sure that you are correct in your reasoning and that the other party was crossing a carriageway from and to private land. If he is not liable, then the cricket club must be?
Hoping for a speedy recovery for you.

[steve sharp]

Luke,

Really sorry to hear that, wishing you a speedy recovery.

On my last ride, I stopped and told the new guys the dangers of that crossing. There are signs on the Byway, but I dont know if there are signs at cricket club, we will have to check and get something done.

Im also wondering if we get extra signs on the Byway at the crossing to ask people to stop and check.

Steve S

[langley beta]

Luke,
I have had a near miss at this same point on this geen road (byway) four/five years ago. At that time there used to be gates to stop cars from crossing and a sign saying please close the gate.
Ron

[stevent]

There are warning signs on the byway but they are some distance before, and they were obscured by a branch which I removed. (before and after shot). However they're not conventional and the writing is small. I think the "exclamation mark" warning sign would be clearer.

There is a STOP sign on each side on the driveway, poor Luke would have been ok if the car driver had actually stopped. I can see how lazy drivers probably don't think they really need to.

[Billy]

Hey Luke , sorry to hear about this. Pretty sure this junction has come up on this forum before. A lot of us ride road bikes and `off road` bikes but the rules are just the same, when you approach any junction,(M25,A3,a246 or Silkmore lane) assume any other driver is a complete cock and allow for it. Doesn`t matter who has priority you are more vunerable ! Pretty sure in this case it is a private access road crossing a public right of way.

[coolhand]

So this is the outcome:

The 19 year old that hit me went to court on 30th Dec 2016 got prosecuted for without due care and basically got the min you could get for such an offense.

4 points and an £85 fine! Costs of £85 victim surcharge of £30.

Funny as it's cost me a lot more and I'm injured for the rest of my life feels like motorcyclists and car drivers get treated very differently in the courts having been prosecuted myself for the same charge for doing wheelies some 10 years ago on the road without harming anyone I should add and I got a £500 fine and 6 points, at least something has happened but it seems very lenient.

Luke A


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[Dominic]

I agree that seems very lenient, I got the same fine and almost the same points for marginally exceeding the speed limit on the A3 in my car.

You may want to blur your address on the letter in case anyone uses it to come looking for bikes.