Dilemma of the day

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Wigsie

Nincompoop
Location
Kent
Firstly, glad everyone is ok....

As for the police, your call, but I would imagine they would not do a great deal. As you said you didnt "See" anything, therefore can't prove anything.
 

summerdays

Cycling in the sun
Location
Bristol
Surely they would check the phone records routinely to see if they were were on the phone? Personally I would grass them ... then leave it to the police to investigate and decide if it had any baring on the collision.
 

John the Monkey

Frivolous Cyclist
Location
Crewe
[QUOTE 1365429"]
There wasn't, and they breathalised her anyway -it's standard policy after a collision like that.
[/quote]

Most studies show that the effect on driving of mobile use is similar - texting impairs driving to an even greater degree.

However, as the cynics above point out, the Police will probably do sod all anyway.
 

asterix

Comrade Member
Location
Limoges or York
If they were using it, how likely is it to have been flung on the passenger seat? For sure it would have been knocked out of her hand by the impact.

If the police don't check phone use records these days they aren't doing their job IMO.
 

bauldbairn

New Member
Location
Falkirk
i imagine they will ask the phone provider 'was it being used?'


Surely they would check the phone records routinely to see if they were were on the phone?

Firstly, well done for helping out!! :thumbsup:


Secondly,wasn't there a case recently(discussed on CC) where a woman in a "Range Rover" wiped out a family of cyclists whilst using her mobile phone(allegedly :angry: ) - she mistakingly hit the accelerator instead of the brake on the approach to a roundabout. The mother was killed and the rest of the family badly injured.

The point is her lawyer argued they couldn't prove at the "exact" time of the accident she was using the phone - she said she'd been in a layby using it minutes before!?!?! Won't this now set the mark for all such cases - shockingly!!!

If you didn't actually see the phone being used - then it's just a phone on the seat of a car.

Just another view User - it's your call(as Wigsie said)!!!
 

summerdays

Cycling in the sun
Location
Bristol
Depending on the area (built up vs countryside) wouldn't they be able to show that the phone was moving whilst in use ... Mr Summerdays knows more about this sort of thing though he is now no-longer in that industry - but he had to provide evidence as to where a phone call was made from for the courts before now.

And I thought that your mind could still be on that call in the moments after the call finished so that you are still continuing to be distracted by it.
 

bauldbairn

New Member
Location
Falkirk
Depending on the area (built up vs countryside) wouldn't they be able to show that the phone was moving whilst in use ... Mr Summerdays knows more about this sort of thing though he is now no-longer in that industry - but he had to provide evidence as to where a phone call was made from for the courts before now.

And I thought that your mind could still be on that call in the moments after the call finished so that you are still continuing to be distracted by it.

I agree with you - but wouldn't anyone just claim it was on handsfree(loudspeaker mode) and not actually in their hand.

If there was an impartial eyewitness to it's use at the time of the accident then they could use that under oath in court.
 

summerdays

Cycling in the sun
Location
Bristol
Even on loud speaker ... you can be distracted by the call which could lead to a loss of concentration. I thought that the law had changed so that even if you were on hands free, that if you had a crash it would be taken into consideration as a contributory factor. And they could always look for any nearby video cameras to see if they had captured the drivers before the crash.
 

benb

Evidence based cyclist
Location
Epsom
You should definitely mention it.
You're not grassing anyone up, just giving the police all the information you can.

As others have said it likely won't make any difference to the investigation, but I would still let the police know what you saw.
 
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