1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

In court over driving w/o due care.

Discussion in 'Commuting' started by Disgruntled Goat, 19 Feb 2008.

  1. Disgruntled Goat

    Disgruntled Goat New Member

    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.
     
  2. domtyler

    domtyler Über Member

    What were you doing on his nearside?
     
  3. Tynan

    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
     
  4. Disgruntled Goat

    Disgruntled Goat New Member


    Proceeding down a line of traffic that was alternating between going slower or faster than me.

    It's where cyclists usually ride. They even put cycle paths there to encourage you to do so.
     
  5. Jacomus-rides-Gen

    Jacomus-rides-Gen New Member

    Location:
    Guildford / London
    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?
     
  6. Tynan

    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
     
  7. HJ

    HJ Cycling in Scotland

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

    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?
     
  9. Mortiroloboy

    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?
     
  10. jmaccyd

    jmaccyd Well-Known Member

    Just trying it on probably. The independent witnesses that have come foward will add great weight to your case
     
  11. BentMikey

    BentMikey Rider of Seolferwulf

    Location:
    South London
    True, but in my opinion this is negligent of the councils that do it.
     
  12. BentMikey

    BentMikey Rider of Seolferwulf

    Location:
    South London
    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.
     
  13. Mortiroloboy

    Mortiroloboy New Member

    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.
     
  14. Disgruntled Goat

    Disgruntled Goat New Member


    So what do you suggest oh wise one?
     
  15. domtyler

    domtyler Über Member

    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'.