Those that were regular followers of this Blog , must be wondering about the lack of recent input ?
This was brought about by the Traffic Violence visited upon me on the 10th August 2014 ! What was a rear end collision by a White Van Man became not just superficial injuries , but also a legal nightmare !
Having driven away from the Incident scene , it appears that on reflection , the driver arrived at the Polizei station minutes before me . There he located a person that he appears to have good contact with and " Fabricated a tissue of lies " that caused that Polizei Officer to shout at me " You have broken that vehicle , go inside until i come back to you "!
All photos of the " Broken Wing Mirror " show that it was scraped/gouged " by contact with a hard surface such as brickwork . With no apparent difference to a NEW Vehicle in every Polizei Photo , the Polizei Case Summary was sent through the Prosecution Procedures . By mid September , whilst i was in Espana for the Vuelta & Worlds , there was a decision that the driver had no case to answer .
Before going to Spain i had visited a Lawyer , that having received my instructions , failed to perform their duties to me ,as their client . They did however send a demand for several hundred Euros , typical Lawyer attitude ?
On return to Austria in early October 2014 , i found a demand from the driver's Lawyer in the amount of Eu370 for repacement of the complete Wing Mirror Assembly ! Farcical , considering that my skin nor bibshorts , were able to even scratch that hardened material ? Additional Lawyer Expenses took the sum to over Eu500 and having notified a defence the matter was set for hearing in Rattenberg Gericht on 10th december 2014 .
Because the original Lawyers had not performed their duty to me , i made complaint to the Tirol Law Society ! What a laugh that turned out to be ! Having emailed twice to their Published Email portal , i visited the Office in Innsbruck and discovered that THEIR Spam filter had decided to treat the matter as irrelevant . It was later discovered in February 2015 that " No Action could be Taken " , due to the receiving Officer on downloading the " Spammed item " , had NOT advised me that , they required the submission to be in the " National Language "! This gem i discovered when speaking in English to the President of the Tirol Law society , during that visit to their Offices in February 2015 . Subsequent delivery of the document in Deutsch elicited a " NO Case to Answer " response . How could they do anything different to the rest of the Legal World ? Lawsyers stealing from each other , would be an actionable matter ?
With the " Stop Killing Cyclist Movement of London " having an event on the 15th November 2014 , i decided to visit with a 2nd Lawyer on 8th November to give instructions to recover my Costs for the Medical , Equipment & Clothing expenses created by the apparent attempted Murder/Manslaughter Incident of 10th August . Instead of London i subsequently arrived in Australia and there received advice from the 2nd Lawyers , that MY Insurance policy for 3rd Party Legal Events was NOT BEING HONOURED by Zurich Insurance ! Quelle surprise ! An Insurance Company splitting hairs , as disclosed in February 2015 , when i visited their issuing office in Innsbruck . Seems they wanted to accept premiums for my need to SUE , but not to DEFEND ! ANY Cyclist needs assistance in order to deal with a Cycling Incident , thus 3rd Party Liability Insurance , RIGHT ? So as a conscientious cyclist i would need help to SUE someone that caused me injury , but i wouldn't NEED HELP to defend myself ? Anyone with a white stick would know that the principle NEED would be to defend ? Of course the Insurance Agency denied that they " Misled " , when collecting 18 months of premiums .
Whilst in Australia , i had need to have the Civil Matter adjourned twice , thanks to the compliance of the Gericht . On return to Austria i received by post an invitation to appear in the Gericht , to answer CRIMINAL Charges for " Criminal Damage " to the wing mirror ! This hearing on the 19th March resulted in the " Richter " visiting the Car park to view the wing mirror . On return to the Court Room , there was an " Acquittal "? Whether the Richter was able to determine that this was a " Stitchup " , was not voiced ! In my dealings with him outside the court room on several occasions , this "Intelligent/articulate individual " refuses to even attempt to speak English . Such is his right , but in an Area reliant on the Tourism Industry , i doubt that he is not aware , if not fluent when using English outside his official duties ?
Having disposed of the Criminal Matter , the Civil Claim was again set down for hearing on the 8th May 2015 . On visiting my Lawyers on Thursday 7th May to ensure that ALL Photos had FINALLY been obtained , i discovered that the 2 photos of the Wing Mirror , that CLEARLY showed the Scraping/gouging , had still NOT been supplied by the Polizei . My Lawyers then advised the relevant authorities of this NEED ! Seems that this provoked some matters that i only discovered on Friday ?
On arriving at the Gericht on Friday morning , i went to the offices where they receive the emails . I had sent a request by email the night before , for court dates that did not clash with the times i would be away from Austria with the Giro d'Italia & Tour de France . On obtaining this Email copy , i went down to the Court Room where i showed it to the Richter ! He was not really interested and handed it back as he went into the Court Room to deal with another matter . When he came out , he told me in Deutsch , that my matter was no longer listed and that i should see my Lawyer for information .
When i arrived in their Schwaz Offices , i was advised that the driver's Case had been withdrawn , seemingly because they had become aware that the 2 Photos had been required for the hearing ? The secretary of my Lawyer advised that they now were seeking recovery of " Costs "? No doubt that means " Lawyers Costs " , not Defendants Costs , Pain & Suffering and inconveniences associated therewith ?
With this hullaballoo in progress , there were so many occasions when i wanted to post my irritation about the " INJUSTICE " being inflicted ! Even though i had photoed a NEW Vehicle of the Same model , from a similar same viewpoint , so as to demonstrate to the RICHTER , that there was NO DAMAGE , these items were not allowed as " Evidence " during the Criminal Case ! Laws of Evidence? My RIGHTS as a Human Being were submurged by the " APPARENT BLINDNESS or lack of diligence " , of ALL that viewed the documents and attached photos that led to EACH of the Court matters ! Even though the Polizei officer , that took the Original Photos acknowledged that he could see the Scraping / Gouging he had to do as instructed by his Superior Officer ! Had my Camera & Cell Phone not been damaged by the impact with the pavement , i could have taken my independent photos , thus NOT relying , on the Polizei to deliver rather than to hide the relevant photos?
ANY of YOU out there , that are the VICTIMS of Traffic Violence , that rely on others to assist YOU , UNLESS the person is KNOWN to you , DO NOT RELY on them to take Witness details or Photos ! I should have known BETTER with this Incident , since in 2013 , on the 1st day of 100th Le Tour , i allowed a Danish Lady Tour Guide , to collect details from her " Client Tourists " , that NEVER eventuated , despite several email pleas for cooperation ! As to the BULLYING Gendarmerie in attendence , when i subsequently visited the Nominated Gendarme Office that night , i discovered that they had given the paperwork to another Office . My emails to obtain assistance proved useless . RAI TV personnel had Videoed and then broadcast the Impact , but did not give me a copy to assist in the persuance of a claim against the Driver whom the Gendarmes had subsequently located . Even when in the " Wrong Gendarme Station " they would not provide the Gendarmerie copy of the Driver details , even though that officer had stated he had seen the incident on the French TV ?
As to how far further i have to go to get JUSTICE and reimbursement for damages of Equipment , Clothing & Medical remains to be seen ?
Those of you that wish to assist me with the following Websites , by supplying the translations of the 4 most recent German Placards , use the English as the Guidelines to supply :
French , Polish , Russian , Japanese , Mandarin , Spanish , Portugese & Italian
With these languages i will be able to create the Placards needed to pass to the Pro Racers to use on thir Social Media .
Visit & LIKE : https://www.facebook.com/pages/Vision-ZERO-Worldwide/540123632761709