In court over driving w/o due care.

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Not me. I was the one who got hit. He turned left, suddenly and without indicating onto a patch of waste land. Unfortunately, I was coming up on the nearside and had no option but to collide with him.

He has been charged with driving without due care. He has pleaded 'not guilty' which is perplexing as I can't work out how he could possibly plead this.

Does anyone know why he might have pleaded not guilty and what he might accuse me of doing to mitigate his actions? I dare say he will have a raft of his mates giving one story, but I understand there are four independant witnesses giving my side of the story.

I am also concerned that if he does get off, it will allow him to sue me for damage to his car.

Advice appreciated.
 

domtyler

Über Member
What were you doing on his nearside?
 

Tynan

Veteran
Location
e4
he's hoping the cps will drop it

if you have witnesses you'll be fine

a car is wrong if he turns left and is hit on the inside by a bike, mirror signal manouvre and all that
 
Yes, 'tis a bummer and a half that cycle lans encourage you to do so.

I firmly (but not too firmly, don't want to get off balance) thumb my nose at them though, and take to the right a la motorbike style. Filtering on the left carries too much risk IMO.

That doesn't change the fact that you have had a nasty accident topped off with court proceedings. Have you been in touch with CTC?
 

Tynan

Veteran
Location
e4
I'll filter on the right when it gets too shitty on the left but I don;t think it's any safer, you've still got the risk of people pulling out of line, people turning right from the left side plus the added hazard of the oncoming traffic

that said I do it every day
 

HJ

Cycling in Scotland
Location
Auld Reekie
Disgruntled Goat said:
Does anyone know why he might have pleaded not guilty and what he might accuse me of doing to mitigate his actions?

He doesn't think cyclist have any right to the road, arrogance doesn't go down well in court, don't worry about it.
 

domtyler

Über Member
Don't know what the law says but while filtering down the left in a cycle lane are you still not technically undertaking?
 

Mortiroloboy

New Member
Were you on a recognised cycle path, or were you just cycling down the near side of the traffic?

His brief has probably suggested he go not guilty, that way they get a day in court and the brief may put forward some legal argument to the court and win an adjournment and in the process earn more money from his client, who may or may not be in receipt of legal aid. But in any case we still work on the legal premise of innocent until proven guilty, so it is his prerogative to plead not guilty .

Generally IME the Criminal Protection Society er, sorry, Crown Prosecution Service do work to a percentage chance of securing a prosecution, providing they haven't lost the file ;);)

He will have his opportunity to put his side of the story to the court, but presumably all the points to prove were covered in the police officers interview, the police now have to satisfy the CPS via a gatekeeper and case review officer that there is sufficient evidence to charge someone, this system known as the CJSSS Criminal Justice Swift and speedy system is designed to expedite cases through the judicial system, so if the CPS have said charge, then really there should only be one outcome for a simple traffic case.

The only possible issue will be your position on the road. Good luck.

Can't help with the claim bit, as it is a civil matter, do you have some sort of legal costs cover with your house/motor insurance?
 

jmaccyd

Well-Known Member
Just trying it on probably. The independent witnesses that have come foward will add great weight to your case
 

BentMikey

Rider of Seolferwulf
Location
South London
Tynan said:
I'll filter on the right when it gets too shitty on the left but I don;t think it's any safer, you've still got the risk of people pulling out of line, people turning right from the left side plus the added hazard of the oncoming traffic

that said I do it every day

I seem to recall that when we last debated this, the only major difference in risk comes from the likelihood of passengers jumping out of the left side, and not being as likely to get out the right. Most of the other risks have a chance of something roughly equivalent happening for either side.
 

Mortiroloboy

New Member
BentMikey said:
True, but in my opinion this is negligent of the councils that do it.

These abominations will only ever work if they are constant,( i.e. form a proper network of unbroken lanes that are clearly marked and kept clear of vehicles and broken glass). The ones around here lead you to kerb edges, suddenly stop, have cars parking on them, to be frank, the ones around here are mostly useless for all of the above reasons.
 

domtyler

Über Member
Disgruntled Goat said:
So what do you suggest oh wise one?

I'm not suggesting anything I was asking a question. Just trying to look at it from the drivers position and that of his brief.

If it were me I would try and argue that you must have been undertaking at speed at the time and I hadn't seen you in the mirror, you just 'came out of nowhere'.
 
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