Summons following road traffic accident.

R

Red2

Registered User
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19
Hi All,I've been summoned to go to court for driving without due care and attention,and am anxious to know what penalty I can expect.

I was turning right from minor to major road,stationary position with my right indicator on,as traffic was coming from left.On the right in the distance I noticed a motorbike coming.By the time my left was clear,the bike coming from my right was closer.It had its left indicator on and was coming slowly but had not commenced the left turn.I started to turn and the motorcyclist braked,skidded and collided with my car.I discovered subsequently that he had forgotten to turn off his indicator following a left turn he made onto the major road and intended going straight on.

He was injured(minor injuries) and taken to hospital.

This happened in an urban area and I had 2 penalty points on my licence for speeding which came off my licence 3 months after the accident.
Anyone know what I should expect please as someone told me I could be disqualified!!! Thanks.
 
From [broken link removed]
looks like 5 points added to your license.
 
While I have some sympathy for you, as a biker I do hope you are penalised harshly for this. I presume that at the very least your insurance has sorted out repairs and medical bills etc for the poor biker.

You were aware that a bike was coming and yet you still pulled into his path? That's ludicrous driving, and imo goes beyond careless, verging on dangerous. Bikes (motorised or pedal) are vulnerable road users - it is your duty to pay particular attention to them on the road. We don't have the protection you do in your shiny metal box, and rely on you doing your job properly to survive on a daily basis. I'm sure we've all seen the ads telling bikers to slow down, but the ad doesn't mention that in the vast majority of motorcycle fatalities involving a collision with a car, it's the cars fault.

As regards what might happen, you'd better hope the Judge is in a good mood. The evidence you have presented yourself is that you saw a motorbike, but pulled out regardless. The bike was travelling slowly (in your own words), but still didn't have enough time to take evasive action, suggesting that the bike was very close to you when you pulled out. If that's presented in similar form in Court, a Judge in bad form might be inclined to throw the book at you for that level of disregard for anothers safety.
 
Did you miss the part about the motor bike indicating to turn left?
Or do motor bikes have no responsibility?

I sympathise with the driver and while I tend to wait until those indicating commence their turn, I would attribute some blame to the motor bike.
 
Romulan said:
Did you miss the part about the motor bike indicating to turn left?
Or do motor bikes have no responsibility?
Click to expand...

I remember the basic driving lesson was that you never trust an indicator on a car or bike. There's very limited defence to be had from that.
 
Romulan said:
... Or do motor bikes have no responsibility? ...
Click to expand...
You'll probably discover that he's had charges threatened - failure to stop in time to avoid a collision, riding without due care & attention, etc.

BTW, I'm not taking sides. :)
 
Romulan said:
I sympathise with the driver and while I tend to wait until those indicating commence their turn, I would attribute some blame to the motor bike.
Click to expand...

+1.
I hate when drivers leave indicator lights on. How can they not see or hear the flashing indicator?
(Although maybe this is not as applicable in the case of a motorbike).
 
j26 said:
While I have some sympathy for you, as a biker I do hope you are penalised harshly for this. I presume that at the very least your insurance has sorted out repairs and medical bills etc for the poor biker.

You were aware that a bike was coming and yet you still pulled into his path? That's ludicrous driving, and imo goes beyond careless, verging on dangerous. Bikes (motorised or pedal) are vulnerable road users - it is your duty to pay particular attention to them on the road. We don't have the protection you do in your shiny metal box, and rely on you doing your job properly to survive on a daily basis. I'm sure we've all seen the ads telling bikers to slow down, but the ad doesn't mention that in the vast majority of motorcycle fatalities involving a collision with a car, it's the cars fault.

As regards what might happen, you'd better hope the Judge is in a good mood. The evidence you have presented yourself is that you saw a motorbike, but pulled out regardless. The bike was travelling slowly (in your own words), but still didn't have enough time to take evasive action, suggesting that the bike was very close to you when you pulled out. If that's presented in similar form in Court, a Judge in bad form might be inclined to throw the book at you for that level of disregard for anothers safety.
Click to expand...

Do you not think the biker has some responsibility on this occassion, after all he was driving around with his indicator flashing and not noticing it. Surely he too should be prosecuted for driving without due care and attention.

Incidentally, I've no arguement that we should pay attention for motorbike users, but motor bike users also have a responsibility not to ride their bike like a complete and utter plonker. I'm fed up being passed out by bikers who seem to think speed limits and basic rules of the road don't apply to them
 
As I have the use of both car and bike, I am concerned at the attitude of j26, as you cant see the danger brought on by the motor bike. I have left the indicator on having completed a turn as I am use to self cancelling in the car and I can see what danger I could cause. So should you as a bike user.
 
I agree with Mpsox. Bikers really frustrate me sometimes. They're terrible for tailgaiting. When traffic is stopped, the want to weave in and out to get to the front and then on the open road, they want to be treated like a car. Then, apprently J26 would have us believe that their safety is the responsibility of us car drivers in our "shiny metal boxes"...

I do believe though that an indicator is only a promise of turning. If you pull out before the vehicle reaches you, you take your chances.
 
Interesting that so many here are quick to rush to the defence of a poor car user and blame the biker.

I'm going on what the OP said - s/he was stationery and pulled straight into oncoming moving traffic, hitting a bike that the OP admits was going slowly. The OP was aware of the bike on the road, seeing it twice, but discounted it, thereby injuring a person. The only (very limited) defence is that the bike had an indicator flashing, but anyone who has had driving lessons knows that a flashing indicator means nothing more than the fact that the indicators work. The OP specifically states that the bike had not commenced any turning manoever. It's a clearcut case of careless driving, verging on dangerous because of the fact that the OP was aware of the bike, but discounted it.

And yet, somehow people are saying it's the bikers fault :confused:


To billythefish - yes, you may be surprised to learn that you do indeed have particular duties towards other road users
Rules of the Road said:
Never put a cyclist or motorcyclist at risk and know your duty to be aware of them. They are especially vulnerable if there is a crash.
In particular, watch for cyclists and motorcyclists:

  • at junctions...
Click to expand...

To the others ranting on about how frustrating bikers can be
Yes there are bad bikers out there - but that's not an excuse in this case.


To the OP,
Your best option is to plead guilty, admit that it was an error of judgement, mention the indicator, but that of course you are aware you should not have relied on it, and that you have learned a very valuable lesson.
I'd get a solicitor if I were you - it is a serious charge.
 
j26 said:
Interesting that so many here are quick to rush to the defence of a poor car user and blame the biker.

I'm going on what the OP said - s/he was stationery and pulled straight into oncoming moving traffic, hitting a bike that the OP admits was going slowly. The OP was aware of the bike on the road, seeing it twice, but discounted it, thereby injuring a person. The only (very limited) defence is that the bike had an indicator flashing, but anyone who has had driving lessons knows that a flashing indicator means nothing more than the fact that the indicators work. The OP specifically states that the bike had not commenced any turning manoever. It's a clearcut case of careless driving, verging on dangerous because of the fact that the OP was aware of the bike, but discounted it.

And yet, somehow people are saying it's the bikers fault :confused:


To billythefish - yes, you may be surprised to learn that you do indeed have particular duties towards other road users


To the others ranting on about how frustrating bikers can be
Yes there are bad bikers out there - but that's not an excuse in this case.


To the OP,
Your best option is to plead guilty, admit that it was an error of judgement, mention the indicator, but that of course you are aware you should not have relied on it, and that you have learned a very valuable lesson.
I'd get a solicitor if I were you - it is a serious charge.
Click to expand...

I'm not saying that it's the bikers fault, it's both of their fault and from what the OP said, both were driving without due care
 
J26, I think the only one ranting is your goodself. Of course i'm aware that I have a responsibility to other road users. My point is that bikers tend to transgress against me much much more often than I might do against them.

What about the biker's duties towards me? This is my point. I don't think you understood my post properly from up there on your soapbox...
 
billythefish said:
What about the biker's duties towards me? This is my point. I don't think you understood my post properly from up there on your soapbox...
Click to expand...

As someone who was nearly killed this very morning by a car pulling into a roundabout on me (I was indicating correctly btw), I feel entitled to climb up there the odd time :p. I won't excuse bad biking, but the simple fact is that bikers are more vulnerable than car drivers, and accordingly car drivers should take more care.
 
You're in big big trouble if the biker's version of events (ie. signaling) don't tally with yours.

Off the road I would imagine.
 
j26 said:
As someone who was nearly killed this very morning by a car pulling into a roundabout on me (I was indicating correctly btw), I feel entitled to climb up there the odd time :p. I won't excuse bad biking, but the simple fact is that bikers are more vulnerable than car drivers, and accordingly car drivers should take more care.
Click to expand...

Bikers use bikes at their own risk. To suggest that they should be allowed to take a lesser level of care than a car driver is just preposterous IMHO. All road users should take no less than the utmost care. Yes, J26, that includes you bikers!
 
j26 said:
... but the simple fact is that bikers are more vulnerable than car drivers, and accordingly car drivers should take more care.
Click to expand...
I don't agree j26. If bikers, as mature, voting adults, voluntarily forego the relative safety of being surrounded by a tonne of metal in their automotive pursuits, then they need to 'take more care' IMHO. They cannot transfer responsibility for their safety to other road-users; their behaviour needs to acknowledge their vulnerability, often IME, it does not.
 
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