Well basically this is the story.

Its on a friday night i've jus dropped of a few of my friends somewhere and am driving back, its about 9pm. I'm driving along a main residential road going home and i've gona past a set of traffic lights wid a stationary bus jus afterwards on the left, i'm overtaking the bus and am driving at around 30 mph. While i am overtaking i am in the middle of both lanes, as i have jus gone past the bus i have spotted two pedestrians next to the curb on the left handside standing on the road(right next to the curb). The pedestrains seem hesitant whether to run or not, at this point i have indicated going around still, like wid the bus. Everything is happening very quickly, leaving me little time to react. As i am about to go past the pedestrains, one of them decides to make a run for the otherside. As the pedestrian does this they have cum right into the front of my car and have collided. This point of time im breaking as much as i can and once i stop the pedestrian falls onto the road unable to move. The police is called an ambulance comes to take the pedestrain on a stretcher. I give a statement, the pedestrains friend gives a statement and so does the bus driver. I am breathlised as well which i pass.

 

I receive a letter a month or 2 later saying that i am being charged with undue care and attention. In it it says that i am believed to be speeding as well. I have only had a license for a year and have no source of income. Wot is the worst that can happen to me and whos fault do u think this accident woz?

One other point to make is that there was a zebra crossing only a few feet away, and the pedestrains knew this. They still decided to cross somewhere else.

well from what you have said...its totally the pedestrians fault. You could only be prosecuted if you were speeding, or they were crossing on a zebra crossing..etc

 

If found guilty however(with mutiple witnesses reporitng speeding) then you could receive a Driving Ban and a Fine.

 

How badly injured was the Pedestrian ?

Get yourself a solicitor dude

Get yourself a solicitor dude

 

 

Ditto, you can't guess this one, you need to know for sure.

Get yourself a solicitor dude

 

yep.. this is an absolute MUST.

 

I had this happen to me a few years back.. almost spot on infact.

 

overtaking a bus, could see the zebra crossing and two peds waiting at the road just infront of the bus, but about 10 meters from the crossing.

 

I continued at about 25/30 as the crossing was clear and a could see everything else.

 

as I got to just past the bus, one of the peds legged it across and I clipped them with the drivers side of the car after swerving and slamming the anchors on.

 

The police did exactly the same: driving without due care and attention.

 

as said above, i was facing a 3 month ban and hefty fine (+ court costs etc).

 

However, after talking it through with my soliciter, the fact that they were not waiting to cross at the crossing that was very close by (and obviously could not have been missed by the peds) and there was no evidence I was speeding (they need to actually be able to provide PROOF of this, not just eye-witness statements. If you left skid marks, they can usually use them :()

was all in my favour. It also helped that the road was very wide (could've been three lanes - easy.

 

I was found not guilty and the ped was forced to pay damages to my car and court costs..

So it doesn't mean you're fooked.. as long as your car was in a "legal" condition (ie, all mods reported to insurance company, tires were all fine, mot passable etc), and you definately werent speeding, or overtaking in a dangerous manner, you should be fine matey.

sounds like you are safe - how can they say you were speeding if no-one measured your speed ?!

 

why didn't the soft ****s crossing not cross ?!?!?

 

FFS - why does everyone have to blame the motorist ?!?

get yourself a brief you will need one.....i have had this very same thing happen while being a passenger the fact that you were overtaking a bus and in the middle of the road whilst traveling at a speed that was too fast for you to stop isnt doing you any favours the charge of undue care and attention is testament to this.....just because you were sober and travelling within the speed limit means little.......you saw them and knew they were possibly going to make a run for it at this point you could have stopped and ure instincts should have been to do so........the problem here is you both played the chance game and the fact that you were in charge of the lethal weapon puts the onus on you........if the bus driver has given a statement to reflect the true facts you may not have too much too worry about but you defo need legal representation to put it to the bench in the proper manner

well from what you have said...its totally the pedestrians fault. You could only be prosecuted if you were speeding, or they were crossing on a zebra crossing..etc

 

If found guilty however(with mutiple witnesses reporitng speeding) then you could receive a Driving Ban and a Fine.

 

How badly injured was the Pedestrian ?

 

 

see, the problem is that it's not as clear cut as that, as they could claim they did not see you, but you had ample time to avoide the collision, or you were travelling to fast etc...

 

the law usually falls on the side of the pedestrian in these type of cases :(

making it harder for you to prove your innocence.

The pedestrian was seriously injured according to wot i received in the post, and i found out that they were let out a few days after the accident, i think it woz a day or 2 cant remember. Also there were no skid marks, but from where the pedestrain was hit intially and ended up woz a bit of a distance. One of my m8s knew the pedestrain and said that they had seen me and pedestrain A told B to run, so B ran and got hit. I got a solicitors appointment in an hour anyways, always best to go knowing more info. I doubt my m8s evidence of 'hear say' cud be used in court unless it woz a recorded conversation of them saying they say me and played the running game?

 

The way the prosecutor has made his version of the story seems that i was driving in an aggressive manner, speeding and that i went into the wrong side of the road, where i was in the middle! Also in my statement i had said that i had a drink earlier that day, 8 hours b4 only 2 shots. N i still came clean obviously.

definately tell your soliciter what your mate has told you.

get him to make a satement of that also!

If he does, then it will show they were deliberately putitng themselves in danger to cause an accident.

Highway code actually says that a pedestrian has right of way at all times. You could be going 20mph in a 30 zone, and some one steps out 6 foot in front of you and technically its your fault.

 

Personally I think the only thing they can charge you with is bad spelling and grammar ;)

 

Get a solicitor like every one said. Obviously the people who ran across the road are saying its your fault.

A solicitor will make easy work of this personally. If the bus driver saw what happened and says you where not driving a excessive speed, and they where crossing the road right infront of a bus, they wont have much chance for anything.

 

Then sue them for stress and damage to your car ;)

Highway code actually says that a pedestrian has right of way at all times. You could be going 20mph in a 30 zone, and some one steps out 6 foot in front of you and technically its your fault.

 

Get a solicitor like every one said. Obviously the people who ran across the road are saying its your fault.

A solicitor will make easy work of this personally. If the bus driver saw what happened and says you where not driving a excessive speed, and they where crossing the road right infront of a bus, they wont have much chance for anything.

 

Unfortunatly the offence which they are charging you for "Driving without undue care and attention" Is the correct charge :( how ever they can not charge you with you driving at excessive speed with out photographic or Radar eveidence.

As stated above the highway code does say that pedestrians have right of way :(

Also as you have stated, you did see them so you should have anticipated there move (which of course we all do *****x) All i can say mate is i hope all goes well for you and you do get statements off the people who said they were just egging each other on.

......

As stated above the highway code does say that pedestrians have right of way :(

........

 

This is where it is totally unfair - I mean what object is easiest to stop or change direction, an 11 stone man walking at 2-3mph or a 1.5 tonne car travelling at 20-30mph :mad:

 

Time the law was changed to reflect the laws of physics I think.

 

Fekking people should watch where they're going.

 

Good luck Dodge

 

Rant over

 

Richard :nono:

The law is a total sh1t. Why dont we all just step infront of slow moving cars and live off the thousands of pounds compensation that all the second rate solicitors are fighting to get you these days. Thats what this country is coming to. The road is for CARS you pay enough taxes for them. If someone steps infront of a car that is driving legally then TOUGH SH!T. I just hope that next time him and the cop who charged you step in front of a ten ton truck.

Dodge,

 

Whatever the outcome of this unfortunate event, put up a post and let us know !!!

 

Its always usefull to learn how these things turn out. Coz it can happen to anyone of us, at anytime !! :(

 

Would there be room on this site for some kind of legal info thread ????

Obviously a lot would depend on circumstances etc, but just a basic kind of guidance could be helpful ??

 

Alan.......

The law is a total sh1t. Why dont we all just step infront of slow moving cars and live off the thousands of pounds compensation that all the second rate solicitors are fighting to get you these days. Thats what this country is coming to. The road is for CARS you pay enough taxes for them. If someone steps infront of a car that is driving legally then TOUGH SH!T. I just hope that next time him and the cop who charged you step in front of a ten ton truck.

 

 

If it was your son or daughter would you still have the same views?

i wouldnt :mad:

 

good luck dodge hope all goes well

Went to my solicitors, he says the worst that can happen is a 400 quid fine n a ban. He also said that the case is fightable, so i march i have to go to court to say whether i plead guilty or not, and then the case will continue in june if i plead not guilty, too long this court stuff.

Hope all goes well fella, sorry to see you are in this position.:(

If it was your son or daughter would you still have the same views?

i wouldnt :mad:

 

 

yeah if "if's and but's" were pound notes I would be a millionaire

if all you have said is true (honestly)

then your solicitor should tell you that all you have to proove is reasonable doubt to avoid prosecution if its a county court

if it goes to crown court then thats a different matter

it should be county.... its not reckless, which is a far more serious crime....

 

I'm sure you'll be a-ok =0)

County court is for civil cases.

This will be at a magistrates court as it is for careless driving.

Crown court is for appeals and serious stuff.

Prosecution have to prove beyond all reasonable doubt you were careless, (county courts work on balance of probability which it will be at for subsequent insurance claim no doubt) Good luck .

One other point to make is that there was a zebra crossing only a few feet away, and the pedestrains knew this. They still decided to cross somewhere else.

 

We get that all the time in Norfolk ( we called them pheasants ) the old bill let's us off. They could have used the zebra :rolleyes: