13 April 2012


In cycling accidents involving a motor vehicle it is common for there to be disagreement about who was to blame.

A driver will often say that the rider was cycling dangerously or erratically: for example, filtering through heavy traffic (perfectly legal), or cycling off their line of movement- " they were wobbling"-  while being overtaken (resulting in a clipping accident). 

Unless there are independent witnesses, it can be very difficult for a court to decide who was responsible, either wholly or in part,  where there is a conflict of evidence.

Many major roads and junctions in towns and cities in the UK nowadays have CCTV coverage managed by local authorities. In my experience however any such video footage is retained only for 30 days.

If the police attend the accident scene they may well request  CCTV evidence from the council, especially if they are considering a prosecution.  However, unless you are sure this has been done, you should not assume the police will make a request., and you should either make the request yourself or instruct your solicitor to do so as soon as possible after the accident.

There may be a fairly hefty fee but in some cases CCTV will be the  piece of evidence that results in the case settling speedily without need of a trial.

Contact Patrick Spence with any queries 0207 254 6205, ps@dowse.co.uk.

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