Legal aid for bike crash - how?

[Ixion]

Yes. Just so. NZ law treats a multilane road as being like several single lane roads side by side.

It is of course perfectly normal for cars to drive along a two lane road, passing parked vehicles. You may see it anywhere every day. The only thing that makes this "different" is that the left hand lane is narrower than usual. Usually the left hand lane on a road is made wide enough for a parked car and a moving car. The road in question has been widened to the maximum . So when cars are parked there is not room for another car to get through. (Hence the "clearway")

That does not make it illegal for a bike, or a skinny car, to do so if they can.(without getting stuck!) .

There are a few special cases around pedestrian crossing , train crossings and such like. Not relevant to this case.

[CookMySock]

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

Spoke to him again.

Re bicyclists: he officer who I talked to earlier today said [paraphrased] "Doesn't matter, still illegal. I then I asked him "What happens [to me] now"? He said that i need to wait for the police report to be prepared. When I questioned him about how long this is going to take, he told me [paraphrased again] "As long as it takes. It will cost you $55 to get a copy of this report. You can then contest what's in that report, that's fair enough".


He told me that the police's job is to "Find who is at fault", and that I had been found at fault. And insurance etc are civil matters, so all that doesn't matter to the police past figuring out who is at fault, and that I had been found at fault.


My jaw was on the floor. I asked him to repeat himself, I said to him: "Sorry, I have been found at fault?" he said "Yes".

[breakaway]

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

I agree with ixion as well, but I do not understand this part:

cars are illegally parked?

You're allowed to park there but not between the times that the said "clearway sign" states right? There's heaps of roads around like that!

[Squiggles]

Slightly grey perhaps, but I reckon that Ixion has hit it on the head...

Wait for the ticket to arrive, i presume that wont be until the report has been finished.

[The Stranger:Me]

It is of course perfectly normal for cars to drive along a two lane road, passing parked vehicles. You may see it anywhere every day.

Tamaki drive, heading toward Mission Bay from the city is analogous to this situation. 2 lanes in that direction, frequently with cars parked on the left and still room for cars to pass on the RHS of the left lane - and they do all the time.

Hard to imagine how the Police could infer it was the bike rider's fault.

[discotex]

If it's as clear cut as it seems his insurance company should be interested in helping reverse the cop's decision on fault.

[CookMySock]

Theres a twist to the story ;

(edit: immediately after she ascertained the level of injury, the person then proceeded with the following.)

she (the driver who opened the door) said "Shall I call the police"
He said "Well I don't see any need to"
to which she responded "I'm an officer"
Im like "Well in that case do what you want"

It seems to us, that the person who opened the car door into the path of the motorcycle has identified themselves as an "officer", which we took to mean "a police officer."

Ok I am about to suggest the following to him. Any comments?

1.) contact her and say you are going to take it up with a court of law. Tell her

"this is likely to go in my favour, and could look really bad for you."
"at your option, we can resolve it out of court, or take pot-luck with what the judge says."
"I'm prepared to lose, but my legal advice is that I will win, so do you
want to go to court or what?"

if she says "yes" then do it. if she says "no" then say to her "what would you offer to resolve this?"

Seriously, all she has to do is admit to her insurance company that she was in the wrong, and they pay him out as their third party - no one loses face or job. If she fights it in court and loses, for her it's a careless use causing injury charge, and if she is indeed an officer, this is going to hurt.

If she wants to go to court ;

2.) Go to the police station and tell them you will challenge their passing on the left infringement notice in a court of law, and secondly, that you wish to make a formal complaint and make a statement with regard to a motor vehicle accident, and that you would like to the NZ police to act on your behalf in a court of law


Any suggestions?

Steve

[Winston001]

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

The car driver. Careless Use Causing Injury. Seen it happen.

This case might be a little different because it involves two vehicles sharing the same lane (our biker on the left, and stopped cars on his right). The parked driver is required to keep a clear lookout so has prima facie committed an offence.

However that driver could argue they could not reasonably expect another vehicle to suddenly appear in-between stopped traffic and their vehicle. Reasonable doubt.

Although if a judge was a cyclist he might take a dim view of that.

[Winston001]

Lets get this sorted out. There are two types of Legal Aid - Civil and Criminal. Both are regarded as loans. Civil is usually repayable, Criminal not so often, because criminal defendants who qualify for Legal Aid often have nothing anyway. Just fines, debts and hp.

DBs question is about Criminal Legal Aid. So lets put that one to bed right away.

Basically you are wasting your time applying for LA for traffic offences. It won't be granted because they aren't serious enough. You defend yourself.

There can be exceptions but really you need to be looking at prison to persuade the District LA office.

[Winston001]

Finally, passing parked cars inside a line of stopped traffic is a recipe for disaster. What's happened here (unless I've completely misunderstood the facts) is an accident begging to happen.

In most vehicles I've driven, there is a small treacherous blind spot in the rear right quarter. Exterior mirrors reduce it but even then, a blank area remains.

Never mind rights - a motorcyclist or cyclist who assumes everyone can and must see them is a fool.

[CookMySock]

Lets get this sorted out. [....]

Basically you are wasting your time applying for LA for traffic offences. It won't be granted because they aren't serious enough. You defend yourself.

Ok, thanks.

He is thinking of applying anyway - they can only say no.

Steve

[pzkpfw]

To me the legal question comes down to: At the time the clearway is allowing parking, what is its' legal definition?

What I mean is, is it still considered a "lane" at that time?


If it is a "lane" then I don't think it should be called "undertaking", as the bike was in a lane to the left of the cars in the right lane. The bike was overtaking cars stationary in a lane, on their right - and as long as indicator rules and such were followed - no biggie.

But if it isn't a "lane" at that time, then it's just parking to the left of the cars in what's the "first" lane. So I think then it comes down to whether the cars in that lane were stationary (which I think makes passing on the left legal) and, again, whether the passing rules were followed.


I am not a lawyer. Not even a bush lawyer, as I don't have that many pricks.

Just had a thought about what that "clearway" really legally means in this context.

[CookMySock]

@pzkpfw, the cars on all sides were stationary - traffic stopped at red lights.

If this person was indeed an officer 'o the law, what are the consequences of them facing a careless use causing injury charge while off-duty?

Steve

[Ixion]

Sorry, I have been found at fault?

Of course. To a cop a motorcyclist is ALWAYS at fault.

This case might be a little different because it involves two vehicles sharing the same lane (our biker on the left, and stopped cars on his right)

As I interpret the drawing, the stopped cars to the right were is a *different* lane. So the only things in the lane were a moving vehicle (the bike) and some *parked* cars. Very normal situation. if you couldn't drive/ride past parked vehicles, then it would be impossible to get anywhere in Auckland (may be different in small towns). If the stopped (not parked) cars were in the *same* lane as the bike, that's a bit different (only a bit though)

[Ixion]

@pzkpfw, the cars on all sides were stationary - traffic stopped at red lights.

If this person was indeed an officer 'o the law, what are the consequences of them facing a careless use causing injury charge while off-duty?

Steve

Probably lose her job. Sounds like the force looking after its own.