No1 Son needs advise please

Discussion in 'Legal Eagle Roost' started by TANK0700, Aug 2, 2016.

  1. TANK0700

    TANK0700 big soft, not so cuddly Read Only

    my Son was coming out of a side road and the temporary sign says traffic control in operation take care, there where no traffic lights on this side road, but there where temporary lights either end of the main road but none coming out of the 3 side roads just these signs , he pulls out onto the empty road and as he is driving along on the main road a car comes out of a side street and pulls straight out in front of him , he hit the side and wrote his car off, the lady was ok about it and when he looked there where temporary lights on this side road the only one out of 4 to have lights , the police arrived and even one of the policeman said she should have looked and it looks like her fault , tonight he gets a letter telling him he is getting done for undue care and attention, can any one advise with this as if he goes on a course its admitting guilt and he is saying even the girl said i should of looked , where do you think he stands please
     
  2. robsbird

    robsbird red ones are faster Club Sponsor

    Was this in Chester by any chance...........:dunno:
     
  3. johnboy

    johnboy rather fond of a cream bun Club Sponsor

    If she had a green light then as always proceed if your way is clear. What speed was your lad going to write the car off, could he not react in time?
     
  4. johnboy

    johnboy rather fond of a cream bun Club Sponsor

    just re read it, she didn't have a green light just a sign? would suspect it might be a 50/50. still all parties should be able to stop in the distance they can see to be clear.
     
  5. TANK0700

    TANK0700 big soft, not so cuddly Read Only

    Northwich. .
     
  6. TANK0700

    TANK0700 big soft, not so cuddly Read Only

    Nope she just shot out of the side road , and yes she had a green light the only road out of 4 side roads to have lights on it
     
  7. TANK0700

    TANK0700 big soft, not so cuddly Read Only

    The point is how do the police make the assumption it's un due care , so every accident is now undue care and you will go on a course
     
  8. Murt

    Murt Letch Club Sponsor

    Is it a letter telling him his is being prosecuted, or a letter saying " You are being reported for the consideration of the question of committing an offence of.... "

    If its the latter, its a common letter that must be sent out by police when they are investigating a traffic offence to let a driver know that its ongoing. Doesn't mean it will lead to a prosecution.

    From what you have said, I cannot see that he has committed any offence, get a solicitor once the proper paperwork arrives... If any does.

    Murt
     
  9. robsbird

    robsbird red ones are faster Club Sponsor


    much the same......Read my post in the legal part

    CASH cow

    @tu*
     
  10. andyBeaker

    andyBeaker Moderator Staff Member Moderator Club Sponsor

    The description in the initial post is a bit hard to follow.... But if I read it correctly the lack of lights or some form of control on all junctions within the roadworks seems a bit odd and maybe a contributory factor?

    A slight digression, but one thing I did learn riding a motorbike after years of just driving a car is you look in every direction every time. Certainly saved my skin at least twice on the bike.:eek:
     
  11. T.C

    T.C Been there, and had one Club Sponsor

    If you were knowingly involved in an accident at the time then there is no requirement for an NIP to be given verbally or in written form. There are a couple of other exemptions which are not applicable in this case.

    As far as being reported for Driving without due care and atention which is a subsection of section 3 of the 1988 Road Traffic Act (careless driving), as Murts has said, there is no guarantee that anyone will appear in court, but the Police are obligated to report as soon as they suspect an offence has been committed.

    In this case, I deal with crashes every day, and I would not even hazard a guess at what the outcome might be, or even offer advice without seeing photo's of the scene or what the evidence is.

    On that basis, whilst others may offer an opinion, as suggested, once you know the outcome and it has been decided whether to prosecute or not, then seek proper professional legal advice because they will be able to give you advice on a defence based on the evidence.

    Bear in mind that to secure a conviction, the prosecution has to prove beyond all reasonable doubt that the standard of driving fell below the standard expected of a reasonably safe and competent driver.

    This is why the evidence is important, especially physical evidence such as photos of the crash scene and anything you feel was contributory to the cause, for example the traffic lights or lack of them. You only have to cast reasonable doubt and the case will have to be thrown out, and I doubt that the Police will have done much in the way of an investigation at the time.

    The Police often these days attribute blame against a driver without having investigated it properly and it is becoming an increasing problem. But often drivers and riders are being held liable even though the evidence is flawed on the basis that the Police (especially non specialists) make assumptions.

    I recently dealt with a potential fatal where the Police dealt with it as a damage only and did no investigation because they did not feel that it was justified even though the Ambulance crew told the Police that the injuries were life threatening.

    It will also help as far as the insurance claim is concerned as well because in a civil case you only have to prove your case on a balance of probability of 51% or more. The more evidence you can gather, the stronger your case will be.
     
  12. TANK0700

    TANK0700 big soft, not so cuddly Read Only

    he took lot of pictures of the road signs and lack of lights he even walked the road recording a vid on his phone, I will see the letter tonight to see how its worded. thanks for the advise TC and others
     

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