Accident ! Do You prosecute or Demand Driver Re-Test Dilemma

[fossyant]

Sorry forgot to add to the mix, the driver is a young family man.

So ? I'm a young (ish) family man, and any idiot doing that to me wants prosecuting. Even if it get's no-where he may get points.

I also assume you have a Personal Injury case going on.

 

[wiggydiggy]

Posecute, every time.

 

[RiflemanSmith]

I remember when I was in my teens a bus did the same thing to me, on the Southbury road.
It either didn't see me or didn't care, but it was pushing me towards the curb I ended up leaning on the bus and not pedaling.
It burnt my shoulder from the friction this carried on for what seemed like forever until I hit a roadworks barrier and came off.
Sounds stupid but I was so relieved to crash into the roadworks and not be carried along on the bus at speed and thinking I would come off at any minute and go under the wheels.

 

[benb]

Prosecute. People like that cannot be trusted to be in charge of a potentially lethal machine.

 

[airbrake]

You were lucky indeed ! Have the Police and solicitor explained why they are reluctant to proceed ?

In the heat of the moment, with your life on a knife-edge, I don't think it's unreasonable for you to not know exactly how many times you were hit.

For everyone's sake, these drivers need to feel the full weight of the law.

 

[Trickedem]

I think you should insist on prosecution, particularly as he left the scene of the accident. This to me smacks of laziness on the part of the police. It is up to the courts to mitigate sentencing based on circumstances. You hear it all time, when people are found guilty the defence will argue that the defendant will lose their job if they lose their licence etc.

 

[addictfreak]

'Crashed into you 4/5 times in a lorry.'

Have you put the lottery on this week?

I certainly no expert, and the details are rather sketchy. But isn't the decision to prosecute taken by the CPS? It will certainly not be down to the police officer who attended the scene. Who is the solicitor you mention working for?

Have you taken time to enquire why a prosecution is not being persueded?

 

[cyberknight]

'Crashed into you 4/5 times in a lorry.'

Have you put the lottery on this week?

I certainly no expert, and the details are rather sketchy. But isn't the decision to prosecute taken by the CPS? It will certainly not be down to the police officer who attended the scene. Who is the solicitor you mention working for?

Have you taken time to enquire why a prosecution is not being persueded?

My thoughts exactly, i would be joining the CTC for their legal help or using a cycle specialist solicitor.
4-5 times is not bad driving or lack of attention, thats forethought and intent , the driver could have easily killed you even at those low speeds and should be prosecuted as such.

 

[ufkacbln]

You make a decision to act inappropriately, then you need to accept the consequences of those actions

Whether he is a family man, single reprobate etc is irrelevant

 

[Matthew_T]

I understand your thoughts on the police being reluctant to prosecute. The reason being is that they claim it is more likely for the easier option for them to actually take place, and they dont want to have to do the work involved in a prosecution.

I had an incident in July with a guy, road rage related (no collision). The police made everything sound as though there would be a good outcome but in the end all I wanted was an apology. However, after the police showing the driver the footage, the guy didnt want to apologise although he accepted he was in the wrong.
Obviously the police cannot force people to apologise but I wasnt happy with the outcome.
I saw the driver a few weeks ago but fortunately he didnt see me as I was in traffic at the time. I am sure if he had seen me he would have at least said something (but then it is witness intimidation).

Unless something serious happens, nothing to your liking is the outcome. Sometimes you just have to accept that most people cannot be bothered helping others even though the police is a public service. Though saying that, when something serious does happen, the police do help and they are an attribute if you are injured/damaged.

 

[CopperCyclist]

I understand your thoughts on the police being reluctant to prosecute. The reason being is that they claim it is more likely for the easier option for them to actually take place, and they dont want to have to do the work involved in a prosecution.

For the police, its exactly the same amount of work involved in submitting a driver for a driver improvement scheme as there is in submitting a driver for prosecution. Same forms, same statements, you simply request one or the other.

I am taking the presumption that it's the driver improvement scheme that the OP is being offered, as a 'retest' isn't a choice we have.

 

[Crankarm]

The OP's account seems very confused.

Does he have video footage?
Are there witnesses?

Hit 4 or 5 times. Blimey, hit once would be enough to knock a cyclist down!

He doesn't seem to have been injured? Is there any damage to his bicycle or property?

His solicitor is reluctant ro prosecute????? It is the police and CPS who decide whether an offence has been committed and to charge/prosecute not the injured party's solicitor. I think the OP is muddling criminal and civil areas of law.

If the police are reluctant to follow this up, aside from their usual sloth and incompetence, it is because the evidence needed to bring a successful prosecution for careless driving etc is weak or just not there.