Follow up to accident with London bus 7 months ago

[bluepeds]

Hi all,

So back in November 2014 I posted the below on the forum for some advice on how best to approach the authorities after a London Bus collided into me intentionally after failing to give me his details.
https://www.cyclechat.net/threads/accident-with-london-bus-and-cyclist-advice-required.169058/

After 7 months of waiting, the CPS charged the bus driver with 'driving with undue care and attention' in which I'm not at all pleased with. I've raised a formal complaint to the Met Police based on the following:
- Lack of updates to the case
- A charge brought to the driver which is a 'slap on the wrist'
- Intentionally driving the bus into my bike and forcing me into another cyclist
- Dangerous driving while carrying a fully loaded bus during rush hour
- Causing injury to myself and another cyclist
- Injuries consisting of cuts, severe bruising, lacerations, stitches to deep wounds
- Injuries sustained which staff at A&E classed as assault
- Injuries which are now permanent or impeded day to day physical movement
- Crushing and writing off my pedal bike intentionally by driving the bus over it
- A witness giving valuable information and standing beside the bus drivers cab who stated that he was intentionally wanting to cause hurt
- Bus driver being provocative, aggressive and abusive post collision

One of the major issues I have is the Met Police/CPS failure in obtaining CCTV footage from the bus company in which they have responded to me saying that their onboard CCTV hard drive module was corrupted, thus not able to extract the footage. Coincidence eh?!

I have repeated myself many times to the case manager at the Met that I have mobile phone video footage of the driver being abusive and intentionally moving his bus towards me when I got off the bike to record his reg plate and bus ID. This was never requested by them until I decided to lodge a complaint.

So, next week is the court date and I have to attend as the victim/witness to give evidence. The news is that the bus driver pleaded not guilty at the original date in April and it's now a trial. The driver has been sacked from his job after my witness who was by the drivers cab provided details in a statement.

Has anyone had experience of facing the defendant in court in which they were involved in a collision with? I'd be keen to find out if anyone can share their stories.

Aside from the above, I employed a 'no win no fee' firm through Slater & Gordon to recover the costs for the expenses and loss in bike plus injuries sustained. The bus companies insurers have acknowledged the incident but have yet to confirm liability, so still no payment nor interim payment for the written off bike.

I do miss the cycle commute of 26 miles per day and was hoping for an interim payment but it seems the bus company isn't playing ball.

I'd appreciate any comments you may have on the above and thanks.

 

[glenn forger]

Shocking. Good luck, nothing more to add, sorry!

 

[steveindenmark]

What charges the CPS lodge does not have a lot to do with the police. They may well have asked for a dangerous driving charge but the CPS could have dropped it to driving without due care as they feel there is more chance of a conviction.

All you need to do in court is to get up and answer the questions asked of you without embelishment and getting carried away.

 

[Ern1e]

Only thing I can add to the above post is stay calm,the defense will try their very best to get you flusterd etc, and has to the cctv my wife had an incident with one of our local buses I rang them and spoke to the manager who said he would look at the footage and get back to me. Low and behold non of the cameras where working on that bus on the occastion lol so all he could say was he would speak with the driver ! Never heard anything further at least you and I assume the other cyclist will have your say in court.

 

[RedRider]

Good luck in court but I have to say I'd be wary of discussing the details of the incident here and now ahead of any verdict.
Others with more knowledge of the law as it pertains to internet fora might know better but it's potential sub judice and you're at risk of the case being thrown out and yourself landed with a contempt of court charge.
Happy to be contradicted but just saying.

 

[DaveReading]

the CPS charged the bus driver with 'driving with undue care and attention'

We can't have drivers doing that.

 

[veloevol]

I wish I'd taken my own legal counsel to court when the CPS were 'forced' to prosecute a driver for a hit and run with ABH. The CPS made a deal with the defense that saw no trial actually go ahead allowing a lesser charge and a much lesser punishment. The CPS are not your friend.

 

[buggi]

Get your solicitor to write to the CPS and ask how they have to this conclusion where clearly his behaviour lay outside the realms of driving without undue care and attention and was, in fact, intentional and you have evidence to prove it. Get your solicitor to send them the evidence. The CPS will do what they can to get a conviction based on the evidence they HAVE. If they don't have evidence they may opt for trying to secure a conviction on a lesser charge. Get your solicitor to submit the evidence they need if the police can't be arsed. Push for a change in the offence he has been charged with.

 

[gavintc]

Hi all,

So back in November 2014 I posted the below on the forum for some advice on how best to approach the authorities after a London Bus collided into me intentionally after failing to give me his details.
https://www.cyclechat.net/threads/accident-with-london-bus-and-cyclist-advice-required.169058/

After 7 months of waiting, the CPS charged the bus driver with 'driving with undue care and attention' in which I'm not at all pleased with. I've raised a formal complaint to the Met Police based on the following:
- Lack of updates to the case
- A charge brought to the driver which is a 'slap on the wrist'
- Intentionally driving the bus into my bike and forcing me into another cyclist
- Dangerous driving while carrying a fully loaded bus during rush hour
- Causing injury to myself and another cyclist
- Injuries consisting of cuts, severe bruising, lacerations, stitches to deep wounds
- Injuries sustained which staff at A&E classed as assault
- Injuries which are now permanent or impeded day to day physical movement
- Crushing and writing off my pedal bike intentionally by driving the bus over it
- A witness giving valuable information and standing beside the bus drivers cab who stated that he was intentionally wanting to cause hurt
- Bus driver being provocative, aggressive and abusive post collision

One of the major issues I have is the Met Police/CPS failure in obtaining CCTV footage from the bus company in which they have responded to me saying that their onboard CCTV hard drive module was corrupted, thus not able to extract the footage. Coincidence eh?!

I have repeated myself many times to the case manager at the Met that I have mobile phone video footage of the driver being abusive and intentionally moving his bus towards me when I got off the bike to record his reg plate and bus ID. This was never requested by them until I decided to lodge a complaint.

So, next week is the court date and I have to attend as the victim/witness to give evidence. The news is that the bus driver pleaded not guilty at the original date in April and it's now a trial. The driver has been sacked from his job after my witness who was by the drivers cab provided details in a statement.

Has anyone had experience of facing the defendant in court in which they were involved in a collision with? I'd be keen to find out if anyone can share their stories.

Aside from the above, I employed a 'no win no fee' firm through Slater & Gordon to recover the costs for the expenses and loss in bike plus injuries sustained. The bus companies insurers have acknowledged the incident but have yet to confirm liability, so still no payment nor interim payment for the written off bike.

I do miss the cycle commute of 26 miles per day and was hoping for an interim payment but it seems the bus company isn't playing ball.

I'd appreciate any comments you may have on the above and thanks.

You are wasting your time.

Separate the legal process with CPS and the driver and the need for you to be re-compensed for any losses. You are not the police, CPS or the judge in this.

In summary, get over it. You have been wronged, but you are not going to get anything other than ulcers worrying about this.

 

[CopperCyclist]

All I can say is that from experience, the charge the driver got is a good result.

Our justice system virtually beverage charges with the actual offence when there is one of a slightly lesser nature that will be easier to prove. This is true not just for driving offences.

And note, no, I neither like nor agree with the practice.

 

[shouldbeinbed]

Defence lawyers in real life tend not to be the bullying monsters of TV stereotype that try to get you flustered and then point a finger at you shouting ah-ha gotcha over a tiny slip up.
Courts are invariably very structured, calm places ruled tightly by the Judge, who will get their a**e kicked if trials become free for alls or complaints go in about their management. A bully in a wig wouldn't really engage the sympathy or goodwill of the jury either, particularly (and please don't take this in the wrong way) over a relatively minor charge in the grand scheme of legislation. They're most likely to be calm and play it as if they're your friend in the room, helping you through and just checking really that you're absolutely sure of your facts.

The defendant will likely have been told in strictest terms to behave themself, what good does it do them in front of those that can convict / acquit them of a charge of being hostile & threatening, to present themself in that manner to the court when you walk in. You just ignore him and focus your attention on answering to the judge and jury.
Even tho you take questions from the barristers in the benches, you should direct your answers to the judge or jury, they're the key decision makers.
A good tip is point your feet or chair, if you ask/need to sit, towards the judges bench or jury box and keep them pointed that way throughout, your upper body more naturally orientates that way then to speak, after you've turned and looked at the barrister asking the question of you.

Charges brought are often after a lot of horse trading between prosecution and defence, or the prosecution deciding what they have the best chance of securing a conviction on vs a not guilty plea (acquittals on public money don't go down well) and we all know at the more serious end like this, using a vehicle as a weapon seems to be viewed far less stringently than using other tools for harm. Not saying it is right but it is they way the judicial system works right now.

As for reimbursement, I suspect the companies insurance will be keeping an eye on the court outcome before seriously considering your claim. An acquittal strengthens their position on playing hardball whereas a conviction gives them less room to manoeuvre.

 

[CopperCyclist]

The OP talks about a witness describing an intention to hurt. If this is a fair description of events, how can any driving offence charge be good?

Because I wouldn't have been shocked at CPS going with the assault angle and instead deciding not to charge at all. At least the guy appears in court and (hopefully) gets a conviction which affects his ability to work in the same career path again.

What people are guilty of and what they are convicted of have little correlation.

Alternatively, vote me in with Judge Dredd style powers and I promise you won't be disappointed...

 

[CopperCyclist]

With regards the court procedure, what @shouldbeinbed said.

I would predict the defence will ask you questions trying to play on the fact you were chasing the bus and suggesting to the court you put yourself in danger that the bus driver couldn't avoid. They will probably play on "there was no collision at the beginning so the first part wasn't careless". Just answer the questions honestly, and briefly as the question itself allows.