Legal aid for bike crash - how?

[p.dath]

And from the Legal Aide Review Panel:
http://www.larp.govt.nz/how-legal-aid-works.html

General requirement to repay legal aid

The underlying philosophy of the legal aid scheme is that legal aid is like a loan, which the applicant generally has to repay to the Legal Services Agency. However, not every aided person has to make repayments to the Agency – it generally depends on the person’s financial circumstances, although applicants involved in certain proceedings are exempt.

[Madness]

So it's not a Loan then. Glad we got that sorted.

[jono035]

So it's not a Loan then. Glad we got that sorted.

Only for strange definitions of the word 'Loan'.

[CookMySock]

Ok I just talked to him, and he wrote this up; If you recognise him, please do not identify him. No, its not me.

I was riding up Manukau Rd, near Inverary Ave, heading towards the city. I came up to an intersection (where a fair amount of cars were waiting for a red light). If you know the piece of road I'm talking about, you know it's a two lane road, with parking allowed in the left lane, posted with a "Clearway between 4-6PM" signs, so you can park there outside of those hours. (These events transpired at around 3:06PM. I know the exact time because I checked my dash clock at the previous intersection).

There were cars parked all up in this left lane, and the cars in the right lane
of the road (the lane closest to the median) were stopped for the red lights. All cars were stationary. So I slowed to about 30 km/H, and changed lanes into the lane which had parked cars on it (While other cars can't use this lane, there is enough space for a bike to squeeze past). At this point, I was in the left lane on the road, and to my left were parked cars, and to my right where cars that were waiting for the lights to turn green. I made sure there was no one in the parked cars by looking through them, so there's no chance of someone pulling out without looking or opening their door, or anything like that.


And then, suddenly, WHAM!, I hit something, get shunted right, hit another car in the lane to my right (you should see the bruise on my ass, its enormous), and then supermanned off my bike, hit the ground and then somersaulted 3-4 times, came to rest about a fair few meters ahead of my bike, which was now in the left lane laying on its side. Helmet rooted, jacket and gloves sucuffed up also. Got blood on my jacket too. I had no idea what happened until I got up, regained my bearings and saw how my bike had bent the car door perpendicular to the body of the car - someone opened their door withot looking. Now my headlights are always on - you can't turn them off - when you turn the ignition on, the lights come on. Had this person checked their drivers side wing mirror when they opened their door, they would have seen me. I didn't even have time to get on the brakes. I didn't see this person inside the car as they must have been bent over getting something out of their glovebox, or something, because I didn't see them as I looked into the car to see if there was anyone inside.

My injures include
- Large bruise on right lower back / butt
- Lasseration on neck that missed carotid by 1 cm
- Hurt heel bone (can't walk on it, am limping)

A patient transfer ambulance happened to be going by at the time, who stopped and checked me out, and the ambo officer deemed that my injuries were serious (He was particularly worried there might be a glass shard inside of my neck wound which was bleeding quite profusely), so he called another ambulance which took me to Auckland Hospital Emergency Room. The wound was examined and the doctor found it had no glass shards or anything in it. It did require 3 stitches to close it up.

Got the cops involved, and they came to the ER and took my statement. I told them exactly what I have written above, and asked what was going to happen next, and was told "I need to wait for about a week before the police come back to me and let us know who's at fault".

Obviously I assumed I wasn't the one that was going to get nailed to the wall here, and was waiting for the cops to tell me this. Now the cops have just got back to me saying that I have been found at fault.. for... "Undertaking". And that I should be receiving the ticket shortly in the mail. I went and talked to one of the officers that originally took my statement, and he told me (paraphrased loosely) "splitting lanes is illegal, under all circumstances." Apparently, he asked his supervisor as well, and they confirmed that it was illegal. Even if cars are fully stationary.

HOWEVER, I wasn't splitting lanes, I was simply riding in a lane that had cars parked in it, and ALL CARS around me were stationary. No car was moving.

Here is the ultimate question: Was what I was doing wrong? Here is an image to help illustrate what I'm asking:

[p.dath]

I can't wait for the answer to this one by someone in the know.

If you were indicating right at the time, then I would think it was an "overtaking" manouver. I'm guessing you weren't, or you would have mentioned this. So without indicating, I would think you were doing lane sharing, which would put you in the wrong.

If your only facing a ticket, don't stress over it. Not worth spending money to defend it.

[p.dath]

This is interesting:
http://www.ltsa.govt.nz/road-user-sa...f-changes.html

Use of doors

It is illegal to cause a hazard to any person by opening or closing the door of your motor vehicle, or by leaving the door open. This applies to both drivers and passengers and both the drivers' and passengers' side – eg leaving a door open which blocks the pavement.

[p.dath]

So it may be that both parties may get a ticket ...

[p.dath]

Reading the LTSA web site my best guess is that riding to the right of a vehicle in a lane could only be classed as a passing manouver.

Below are the criteria listed for a legal pass on the right hand side.
http://www.landtransport.govt.nz/roa...g/passing.html

Passing on the right

Passing on the right can be dangerous, especially if you have to:

* change your path of travel
* enter a lane or part of the road used by oncoming vehicles.

Before passing, always ask yourself 'is it really necessary to pass?' Don't pass just because you are feeling impatient with the car in front – that's often when crashes happen.

If you do decide to pass, follow the rules shown below.

Before you pass:

* make sure you will be able to see at least 100 metres of clear road ahead of you once you have finished passing - if not, don't pass
* look well ahead to make sure there are no vehicles coming towards you
* look behind to make sure there are no vehicles passing you
* signal right for at least three seconds before moving out to pass.

[Ixion]

As far as his question "is it legal for me to be here?" goes, the answer is quite obviously "yes".

Consider. The left most lane is a perfectly legal lane.

Now, on many roads there will be cars parked on the left, with enough room still between them and the centreline (or the lane divider) for a car to pass through.

And cars drive thus every day in many many places . It is the norm.

The only difference here, is that lane was narrower. So a car could not fit between the parked cars and the lane divider.

But a bike can. And may, completely legally. The rider is simply riding along in his own lane. The fact that there are parked cars to his left is quite irrelevant.

To argue otherwise would be inane. It would require one to agree that every car which passes along a road which has parked cars along the side was also "undertaking". Because, a very large truck might not be able to fit through such a lane.

This is just the standard police "You are a motorcyclist. Therefore you are wrong. Defend the action , then complain to the PCA.

It is not possible under NZ law to "undertake" a car which is in another lane, except in very special circumstances.

[p.dath]

As far as his question "is it legal for me to be here?" goes, the answer is quite obviously "yes".
...

I don't think that is obvious. This road had marked lanes. A normal car driving by in it's own lane is not passing another vehicle in its lane. It is neither overtaking or undertaking.

[p.dath]

As far as his question "is it legal for me to be here?" goes, the answer is quite obviously "yes".
...Now, on many roads there will be cars parked on the left, with enough room still between them and the centreline (or the lane divider) for a car to pass through.
...

The more I consider your argument the more plausible it becomes. As you say, it really shouldn't matter what the size of the gap is.

[breakaway]

So in this particular scenario, (going from teh posted image), is the biker treated as riding down a single laned road with cars parked on the left side of the road? Or is it not quite that black and white?

[tigertim20]

As far as his question "is it legal for me to be here?" goes, the answer is quite obviously "yes".

Consider. The left most lane is a perfectly legal lane.

Now, on many roads there will be cars parked on the left, with enough room still between them and the centreline (or the lane divider) for a car to pass through.

And cars drive thus every day in many many places . It is the norm.

The only difference here, is that lane was narrower. So a car could not fit between the parked cars and the lane divider.

But a bike can. And may, completely legally. The rider is simply riding along in his own lane. The fact that there are parked cars to his left is quite irrelevant.

To argue otherwise would be inane. It would require one to agree that every car which passes along a road which has parked cars along the side was also "undertaking". Because, a very large truck might not be able to fit through such a lane.

This is just the standard police "You are a motorcyclist. Therefore you are wrong. Defend the action , then complain to the PCA.

It is not possible under NZ law to "undertake" a car which is in another lane, except in very special circumstances.

Completely agree. the parked vehicles should be ticketed as well. sounds like the guy who opened the car door should be done for all damages.

Inform the police that you disagree and are prepared to go to court. at the first court date, inform that you require a duty solicitor. The duty solicitor will request that the case be remanded to a later date, in order for you to fully consult a lawyer.
You will in that time select a legal aid lawyer from a list, and have a chance to get in touch with them. there are some forms to fill out,(including a form where you outline yor income and outgoings. this is to assess repayment of the legal aid money) duty solicitor will help with this.
from here the rest you arrange with your chosen legal aid lawyer.

[TimeOut]

Who would the police charge if they opened their door in front of a cyclist?

[tigertim20]

I don't think that is obvious. This road had marked lanes. A normal car driving by in it's own lane is not passing another vehicle in its lane. It is neither overtaking or undertaking.

So in this particular scenario, (going from teh posted image), is the biker treated as riding down a single laned road with cars parked on the left side of the road? Or is it not quite that black and white?

as i understand it, the cars are illegally parked for starters. agree with ixions comments regarding it being a perfectly legal lane.