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RTA, Police interview 3 weeks after accident
JDT1970
post Wed, 19 Dec 2018 - 11:58
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Please forgive me if this has already been asked I am a new memeber, can I ask for some advice regarding a RTA i was in with 2 passengers in my car, only one of the passengers had severe injuries which came to light several hours later and was admitted to hospital, 3 weeks after the collision i recieved a phone call from the police to say they will be visiting me in the new year to interview me due to the nature of my pasengers injuries, my insurance comoany have informed me i am to blame for the colision and my car is a right off, can I ask if I need to contact a solicitor prior to my police interview at home and are the police going to be looking at charging me with dangerous driving, many thanks for all your advice.
Also since contacting a solicitor here in Scotland i have been advised as the accident happened over the border i would need to speak with a Solicitor from England, can anyone please advise, many thanks.

This post has been edited by JDT1970: Wed, 19 Dec 2018 - 14:36
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post Wed, 19 Dec 2018 - 11:58
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Korting
post Wed, 19 Dec 2018 - 23:53
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QUOTE (JDT1970 @ Wed, 19 Dec 2018 - 13:55) *
Thank you, it happened on the A1 about 10 miles from Berwick, I wanted to go back to the petrol station i had just passed but couldn't see the entrance so i went along a bit until i saw a sign for a village indicated to turn into the right then moved to go onto that road but it was dark and i miss judged the road entrance so slowed down and then it happened a mercedes artic lorry crashed into the left hand back passeger side of the car and within minutes all of the services were on the scene



So an artic crashed into the back of you whilst you were making what was presumably a perfectly legal RH turn, so Why would that be your fault?
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JDT1970
post Thu, 20 Dec 2018 - 01:02
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QUOTE (Korting @ Wed, 19 Dec 2018 - 23:53) *
QUOTE (JDT1970 @ Wed, 19 Dec 2018 - 13:55) *
Thank you, it happened on the A1 about 10 miles from Berwick, I wanted to go back to the petrol station i had just passed but couldn't see the entrance so i went along a bit until i saw a sign for a village indicated to turn into the right then moved to go onto that road but it was dark and i miss judged the road entrance so slowed down and then it happened a mercedes artic lorry crashed into the left hand back passeger side of the car and within minutes all of the services were on the scene



So an artic crashed into the back of you whilst you were making what was presumably a perfectly legal RH turn, so Why would that be your fault?

I'm not sure as he would of had plenty of time to see me also the lorry driver kept saying he has dash cam footage, and as my insurance company have informed me am to blame i am worried sick that the police are visiting me to caution me, my daughter in laws mother kerbed her car and it flipped and rolled and no one was injured as she was only one in car however the police tried to charge her with dangerous driving but she got a lesser charge as she needs her car for work, which makes me think if they can do that then I have no chance also the driving laws ae different in Scotland to England.
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Spinstorm
post Thu, 20 Dec 2018 - 02:15
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QUOTE (JDT1970 @ Wed, 19 Dec 2018 - 20:57) *
QUOTE (Spinstorm @ Wed, 19 Dec 2018 - 18:09) *
Just get a solicitor. Google RTA lawyers or something similar.

I had an accident - was invited to the police station - got a solicitor - and he was very helpful.

Police didn’t pursue the case - I think he cost me £300 - totally worth it.

Thankyou, I did try to get a solicitor today from the borders but was informed he only works two half days a week and advised to call back tomorrow. The police are travelling up from the borders where the accident happened to interview me at my home address round about the 12th of January.



I wouldn’t meet them at your home. It is more likely you will say something stupid by mistake. Don’t get confused between a home visit being any less serious than at the police station.

Except at the police station you will not be likely to think the police are your friends. I would schedule an actail interview at the police station and get a solicitor. I would not use the police provided solicitor because they will not have time for you to think and about and explain what happened and decide how best to proceed.

In my case I have a written statement rather than answer question.

I’m not trying to get you nervous but rather saying it as it is.
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bearclaw
post Thu, 20 Dec 2018 - 09:16
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QUOTE (Korting @ Wed, 19 Dec 2018 - 23:53) *
QUOTE (JDT1970 @ Wed, 19 Dec 2018 - 13:55) *
Thank you, it happened on the A1 about 10 miles from Berwick, I wanted to go back to the petrol station i had just passed but couldn't see the entrance so i went along a bit until i saw a sign for a village indicated to turn into the right then moved to go onto that road but it was dark and i miss judged the road entrance so slowed down and then it happened a mercedes artic lorry crashed into the left hand back passeger side of the car and within minutes all of the services were on the scene



So an artic crashed into the back of you whilst you were making what was presumably a perfectly legal RH turn, so Why would that be your fault?


I read that as he was turning right across oncoming traffic and a lorry coming the other way clipped the nearside of the car as he made the turn.
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JDT1970
post Thu, 20 Dec 2018 - 10:01
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QUOTE (bearclaw @ Thu, 20 Dec 2018 - 09:16) *
QUOTE (Korting @ Wed, 19 Dec 2018 - 23:53) *
QUOTE (JDT1970 @ Wed, 19 Dec 2018 - 13:55) *
Thank you, it happened on the A1 about 10 miles from Berwick, I wanted to go back to the petrol station i had just passed but couldn't see the entrance so i went along a bit until i saw a sign for a village indicated to turn into the right then moved to go onto that road but it was dark and i miss judged the road entrance so slowed down and then it happened a mercedes artic lorry crashed into the left hand back passeger side of the car and within minutes all of the services were on the scene



So an artic crashed into the back of you whilst you were making what was presumably a perfectly legal RH turn, so Why would that be your fault?


I read that as he was turning right across oncoming traffic and a lorry coming the other way clipped the nearside of the car as he made the turn.

I was turning right but at the time there was no oncoming traffic
and the lorry didn't clip he smashed into the left back passenger side of the car.
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HotWater
post Thu, 20 Dec 2018 - 10:25
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If the lorry did have dashcam footage, it would seem unlikely that the OP's insurance company would make a decision without seeing it.

Can the OP get his insurance company to provide it to him?

It's my understanding that, if it exists, the police would not disclose it until much later in the process, but it would obviously be in the OP's interests to see it now.
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JDT1970
post Thu, 20 Dec 2018 - 10:53
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QUOTE (HotWater @ Thu, 20 Dec 2018 - 10:25) *
If the lorry did have dashcam footage, it would seem unlikely that the OP's insurance company would make a decision without seeing it.

Can the OP get his insurance company to provide it to him?

It's my understanding that, if it exists, the police would not disclose it until much later in the process, but it would obviously be in the OP's interests to see it now.

Soon after the accident the lorry driver approached me to say he had it all on his dash cam, when the police phoned me to inform me they are comming to see me they also said there was dash cam phootage, the very next day after the accident i got an email from the insurance company to say i was liable, i genuinely do not feel I am at fault and that the lorry driver would of had ample time to see me. I fear the reason for the visit is to inform me that i am being charged for careless/dangerous driving. I am in the process of trying to get a solicitor from the borders who can advise me. I don't want to ever see dash cam phootage of the accident as I am still having a terrible time with what happened.

This post has been edited by JDT1970: Thu, 20 Dec 2018 - 10:54
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The Rookie
post Thu, 20 Dec 2018 - 11:03
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QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 10:01) *
I was turning right but at the time there was no oncoming traffic
and the lorry didn't clip he smashed into the left back passenger side of the car.

Did he come from behind you or in front of you? Simple question.


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Fredd
post Thu, 20 Dec 2018 - 11:03
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QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 10:53) *
i genuinely do not feel I am at fault and that the lorry driver would of had ample time to see me.

I think you need to appreciate that if you couldn't complete a manoeuvre turning across his path without him having to take avoiding action then it's going to be your fault, regardless of whether you think he could have done more.

QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 10:53) *
I don't want to ever see dash cam phootage of the accident as I am still having a terrible time with what happened.

Understandable, but you really need to see what evidence the police have if you're thinking of putting together a defence against a careless or dangerous driving charge..


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JDT1970
post Thu, 20 Dec 2018 - 11:14
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QUOTE (The Rookie @ Thu, 20 Dec 2018 - 11:03) *
QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 10:01) *
I was turning right but at the time there was no oncoming traffic
and the lorry didn't clip he smashed into the left back passenger side of the car.

Did he come from behind you or in front of you? Simple question.

as i was not fully into the road i was turning into on the right (i was on the left)as i slowed down to see the road i was turning into he came into the side of us
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Fredd
post Thu, 20 Dec 2018 - 11:31
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QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 11:14) *
QUOTE (The Rookie @ Thu, 20 Dec 2018 - 11:03) *
QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 10:01) *
I was turning right but at the time there was no oncoming traffic
and the lorry didn't clip he smashed into the left back passenger side of the car.

Did he come from behind you or in front of you? Simple question.

as i was not fully into the road i was turning into on the right (i was on the left)as i slowed down to see the road i was turning into he came into the side of us

That really is as clear as mud. Why don't you try drawing a sketch of who was where/moving where, and upload a picture of it?


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The Rookie
post Thu, 20 Dec 2018 - 11:33
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QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 11:14) *
QUOTE (The Rookie @ Thu, 20 Dec 2018 - 11:03) *
QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 10:01) *
I was turning right but at the time there was no oncoming traffic
and the lorry didn't clip he smashed into the left back passenger side of the car.

Did he come from behind you or in front of you? Simple question.

as i was not fully into the road i was turning into on the right (i was on the left)as i slowed down to see the road i was turning into he came into the side of us

So you turned across his path?

Your description is confusing, you conventionally slow to turn on your side of the road, it sounds like you turned across the road and got it wrong and slowed down broadside on to oncoming traffic when he hit you?

Can we get an answer to the simple question, did he come from behind or in front of you (as you would be on the road before turning).

This post has been edited by The Rookie: Thu, 20 Dec 2018 - 11:34


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HotWater
post Thu, 20 Dec 2018 - 12:17
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OP, you really should consider making a drawing as suggested above.

My initial understanding was that you were turning right, and either slowed or stopped mid-turn and were struck by a lorry that had been traveling behind you.

But a picture will help significantly here.

With regards the footage, I understand your concerns, but in these stressful situations it is easy to freeze, or bury your head, and let matters roll on too far, when earlier action could have stopped them. Given how potentially serious this situation could get, you need to be proactive here.

I think you should at least request the footage (others may be able to advise the best way to go about that), and then you can decide what to do with it (even if you just pass it to your solicitor).
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Stoofa
post Thu, 20 Dec 2018 - 12:22
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QUOTE (Spinstorm @ Thu, 20 Dec 2018 - 02:15) *
QUOTE (JDT1970 @ Wed, 19 Dec 2018 - 20:57) *
QUOTE (Spinstorm @ Wed, 19 Dec 2018 - 18:09) *
Just get a solicitor. Google RTA lawyers or something similar.

I had an accident - was invited to the police station - got a solicitor - and he was very helpful.

Police didn’t pursue the case - I think he cost me £300 - totally worth it.

Thankyou, I did try to get a solicitor today from the borders but was informed he only works two half days a week and advised to call back tomorrow. The police are travelling up from the borders where the accident happened to interview me at my home address round about the 12th of January.



I wouldn’t meet them at your home. It is more likely you will say something stupid by mistake. Don’t get confused between a home visit being any less serious than at the police station.

Except at the police station you will not be likely to think the police are your friends. I would schedule an actail interview at the police station and get a solicitor. I would not use the police provided solicitor because they will not have time for you to think and about and explain what happened and decide how best to proceed.

In my case I have a written statement rather than answer question.

I’m not trying to get you nervous but rather saying it as it is.


You understand that the "police provided" solicitor is not provided by the police?
A duty solicitor, so the one that is on call who works for a reputable solicitors firm, will be called and it is he who would be present for the interview.
He is no more linked to the police than any other solicitor.
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JDT1970
post Thu, 20 Dec 2018 - 12:37
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QUOTE (The Rookie @ Thu, 20 Dec 2018 - 11:33) *
QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 11:14) *
QUOTE (The Rookie @ Thu, 20 Dec 2018 - 11:03) *
QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 10:01) *
I was turning right but at the time there was no oncoming traffic
and the lorry didn't clip he smashed into the left back passenger side of the car.

Did he come from behind you or in front of you? Simple question.

as i was not fully into the road i was turning into on the right (i was on the left)as i slowed down to see the road i was turning into he came into the side of us

So you turned across his path?

Your description is confusing, you conventionally slow to turn on your side of the road, it sounds like you turned across the road and got it wrong and slowed down broadside on to oncoming traffic when he hit you?

Can we get an answer to the simple question, did he come from behind or in front of you (as you would be on the road before turning).

yes sorry i turned across his path of way, i was half on the road i was turning into and still half on his side of the road so i suppose to simplyfy it, it was from behind.
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cp8759
post Thu, 20 Dec 2018 - 12:39
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Personally in the circumstances I would seek a specialist road traffic law solicitor, rather than an all purpose criminal solicitor who routinely deals with everything from drugs charges to domestics to pub brawls and everything in between. I also would advice against an interview at home. If you call the police and say that you want to come into the police station accompanied by your solicitor, I can hardly see them having a problem with that.


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The Rookie
post Thu, 20 Dec 2018 - 12:53
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QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 12:37) *
yes sorry i turned across his path of way, i was half on the road i was turning into and still half on his side of the road so i suppose to simplify it, it was from behind.

Well he was coming from your front before you turned, If you turned across his path without enough time to get out of his way before he hit you, it would be your fault, if you had enough time but removed that by slowing rather than getting out his way it was your fault. If however you turned across his path long before he arrived and stopped half blocking the road due to circumstances beyond your control and he drove into you it would be his fault.

From your (not great) description it looks very much like you were at fault and you now need to try and minimise the damage.

This post has been edited by The Rookie: Thu, 20 Dec 2018 - 12:54


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BertB
post Thu, 20 Dec 2018 - 13:00
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QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 13:37) *
QUOTE (The Rookie @ Thu, 20 Dec 2018 - 11:33) *
QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 11:14) *
QUOTE (The Rookie @ Thu, 20 Dec 2018 - 11:03) *
QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 10:01) *
I was turning right but at the time there was no oncoming traffic
and the lorry didn't clip he smashed into the left back passenger side of the car.

Did he come from behind you or in front of you? Simple question.

as i was not fully into the road i was turning into on the right (i was on the left)as i slowed down to see the road i was turning into he came into the side of us

So you turned across his path?

Your description is confusing, you conventionally slow to turn on your side of the road, it sounds like you turned across the road and got it wrong and slowed down broadside on to oncoming traffic when he hit you?

Can we get an answer to the simple question, did he come from behind or in front of you (as you would be on the road before turning).

yes sorry i turned across his path of way, i was half on the road i was turning into and still half on his side of the road so i suppose to simplyfy it, it was from behind.


Or, to simplify it further, he was coming towards you before you turned.

It seemed fairly clear from the first description to be honest. Nearside rear damage suffered while turning right across a carriageway. One poster wrongly assumes the lorry was behind them and a land of confusion is unleashed.
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JDT1970
post Thu, 20 Dec 2018 - 13:03
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QUOTE (The Rookie @ Thu, 20 Dec 2018 - 12:53) *
QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 12:37) *
yes sorry i turned across his path of way, i was half on the road i was turning into and still half on his side of the road so i suppose to simplify it, it was from behind.

Well he was coming from your front before you turned, If you turned across his path without enough time to get out of his way before he hit you, it would be your fault, if you had enough time but removed that by slowing rather than getting out his way it was your fault. If however you turned across his path long before he arrived and stopped half blocking the road due to circumstances beyond your control and he drove into you it would be his fault.

From your (not great) description it looks very much like you were at fault and you now need to try and minimise the damage.

Thank you and apologies for not being very specific, do you know how i can try and minimise the damage ??
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HotWater
post Thu, 20 Dec 2018 - 13:19
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QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 13:03) *
QUOTE (The Rookie @ Thu, 20 Dec 2018 - 12:53) *

From your (not great) description it looks very much like you were at fault and you now need to try and minimise the damage.

Thank you and apologies for not being very specific, do you know how i can try and minimise the damage ??

Your priority should be to get a solicitor sorted out asap, as advised by many above. Whatever you are told here, will not remove that need.

It is likely that, in your case, minimising the damage may be a conviction for only careless driving.

You should also try to get the footage so that you are as informed as possible.

If you want further advice here, then you will need to provide further information of the incident, which is still sketchy.

For example, which of the scenarios that the Rookie mentioned, apply to you? How far was truck when you started your turn? How serious were your passenger's injuries?

This post has been edited by HotWater: Thu, 20 Dec 2018 - 13:25
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