PePiPoo Helping the motorist get justice Support health workers

Welcome Guest ( Log In | Register )

RTA, Police interview 3 weeks after accident
JDT1970
post Wed, 19 Dec 2018 - 11:58
Post #1


Member


Group: Members
Posts: 20
Joined: 19 Dec 2018
Member No.: 101,505



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
Go to the top of the page
 
+Quote Post
4 Pages V  < 1 2 3 4 >  
Start new topic
Replies (40 - 59)
Advertisement
post Wed, 19 Dec 2018 - 11:58
Post #


Advertise here!









Go to the top of the page
 
Quote Post
The Rookie
post Thu, 20 Dec 2018 - 13:20
Post #41


Member


Group: Members
Posts: 56,197
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Being as open an honest as makes sense, if they have dashcam footage (and its pretty likely these days) then you may as well admit to what it shows (as they know that already) , provide a reasonable explanation for turning across his path and then not exiting his path that doesn't amount to driving without due care and attention (or worse, dangerous driving).

Not making excuses or trying to belittle the seriousness would help, you want to hope for an awareness course but I'm not sure if the parameters will preclude that due to the injury, or at worst careless driving, dangerous driving, if convicted' will result in a 1 year disqualification.


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
JDT1970
post Thu, 20 Dec 2018 - 13:29
Post #42


Member


Group: Members
Posts: 20
Joined: 19 Dec 2018
Member No.: 101,505



QUOTE (The Rookie @ Thu, 20 Dec 2018 - 13:20) *
Being as open an honest as makes sense, if they have dashcam footage (and its pretty likely these days) then you may as well admit to what it shows (as they know that already) , provide a reasonable explanation for turning across his path and then not exiting his path that doesn't amount to driving without due care and attention (or worse, dangerous driving).

Not making excuses or trying to belittle the seriousness would help, you want to hope for an awareness course but I'm not sure if the parameters will preclude that due to the injury, or at worst careless driving, dangerous driving, if convicted' will result in a 1 year disqualification.

Thank you for all your help, I am awaiting to hear from a solicitor in the borders who I am hoping will be able to assist me with all of this.

This post has been edited by JDT1970: Thu, 20 Dec 2018 - 13:31
Go to the top of the page
 
+Quote Post
JDT1970
post Thu, 20 Dec 2018 - 13:48
Post #43


Member


Group: Members
Posts: 20
Joined: 19 Dec 2018
Member No.: 101,505



QUOTE (cp8759 @ Thu, 20 Dec 2018 - 12:39) *
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.

thank you, yes it is a traffic law solicitor i contacted but as i live in scotland and the accident happened on the border it is northumbria police who are travelling up to interview me, i'm awaiting the solicitor getting back to me to advise me on all of this.
Go to the top of the page
 
+Quote Post
southpaw82
post Thu, 20 Dec 2018 - 14:19
Post #44


Member


Group: Members
Posts: 33,610
Joined: 2 Apr 2008
From: Not in the UK
Member No.: 18,483



An English solicitor?


--------------------
Moderator

Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
Go to the top of the page
 
+Quote Post
cp8759
post Thu, 20 Dec 2018 - 15:12
Post #45


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 13:48) *
QUOTE (cp8759 @ Thu, 20 Dec 2018 - 12:39) *
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.

thank you, yes it is a traffic law solicitor i contacted but as i live in scotland and the accident happened on the border it is northumbria police who are travelling up to interview me, i'm awaiting the solicitor getting back to me to advise me on all of this.

If the collision took place in England, you really want an English solicitor.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
HotWater
post Thu, 20 Dec 2018 - 15:29
Post #46


Member


Group: Members
Posts: 61
Joined: 20 Dec 2018
Member No.: 101,529



QUOTE (cp8759 @ Thu, 20 Dec 2018 - 15:12) *
If the collision took place in England, you really want an English solicitor.

It seems from the OP's earlier post, that it will be an English solicitor.

QUOTE (JDT1970 @ Wed, 19 Dec 2018 - 11:58) *
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 HotWater: Thu, 20 Dec 2018 - 15:30
Go to the top of the page
 
+Quote Post
Spinstorm
post Thu, 20 Dec 2018 - 18:37
Post #47


Member


Group: Members
Posts: 121
Joined: 5 Jan 2007
From: Brighton
Member No.: 9,908



QUOTE (Stoofa @ Thu, 20 Dec 2018 - 13:22) *
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.


I know that - it is about having time to explain to the soilicitor without sitting in a police station while it’s happening and having time to think about what happened and think about his advice and have a strategy BEFORE your sitting there waiting for someone you never knew to turn up when your in a panic and nervous.

It is about preparation. The police have been preparing for weeks so why should you have to rush it...
Go to the top of the page
 
+Quote Post
JDT1970
post Thu, 20 Dec 2018 - 22:46
Post #48


Member


Group: Members
Posts: 20
Joined: 19 Dec 2018
Member No.: 101,505



QUOTE (HotWater @ Thu, 20 Dec 2018 - 13:19) *
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?

when I made the turning there was no sign of the lorry, i do and will admit that i hesitated going into the road i was turning into, my passenger that sustained the injuries was fast asleep at the time of the accident but she did sustain broken ribs, broken verterbrae and punctured lung due to the broken ribs she was in hospial for 13 days and will be off work for some time to come, my other passenger not a hair out of place and as for me i had 2 small breaks to the base of by back, the car i was driving was a volvo V60 R design. The solicitor I spoke with who said they would call me back never did so I will try to contact them again tomorrow.
Go to the top of the page
 
+Quote Post
The Rookie
post Fri, 21 Dec 2018 - 07:43
Post #49


Member


Group: Members
Posts: 56,197
Joined: 9 Sep 2003
From: Warwickshire
Member No.: 317



Can you provide a Google street view link to the location?

How long did you 'hesitate' for?

As you'll be paying for a solicitor to travel up to you (he'll be on the clock) it may make more sense to drive down, have a pre-meeting with him and then attend the station for an interview


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
Go to the top of the page
 
+Quote Post
Churchmouse
post Fri, 21 Dec 2018 - 09:44
Post #50


Member


Group: Members
Posts: 2,356
Joined: 30 Jun 2008
From: Landan
Member No.: 20,731



QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 22:46) *
when I made the turning there was no sign of the lorry, i do and will admit that i hesitated going into the road i was turning into...

If the lorry had a dashcam, this will probably either be confirmed or contradicted by the video, but if this is correct, then you might not be at fault (depending on why you were obstructing the main road). It would seem unlikely that a lorry driver would hit a stationary vehicle in the road, but maybe he wasn't paying attention.

--Churchmouse
Go to the top of the page
 
+Quote Post
Steve_999
post Fri, 21 Dec 2018 - 11:12
Post #51


Member


Group: Members
Posts: 1,397
Joined: 12 Jun 2008
From: West Sussex
Member No.: 20,304



QUOTE (Churchmouse @ Fri, 21 Dec 2018 - 09:44) *
QUOTE (JDT1970 @ Thu, 20 Dec 2018 - 22:46) *
when I made the turning there was no sign of the lorry, i do and will admit that i hesitated going into the road i was turning into...

If the lorry had a dashcam, this will probably either be confirmed or contradicted by the video, but if this is correct, then you might not be at fault (depending on why you were obstructing the main road). It would seem unlikely that a lorry driver would hit a stationary vehicle in the road, but maybe he wasn't paying attention.

--Churchmouse


Indeed. There is a world of difference between not seeing the lorry because it wasn't in view when you turned, and just not seeing it because you didn't notice it. The lorry's dash-cam should show whether you were already turning when you first came into view, or whether you actually turned directly in front of the lorry.

If you were already across the lorry's path when he first saw you then the driver clearly carries a proportion of the blame by not being able to stop in the distance he could see to be clear.
Go to the top of the page
 
+Quote Post
JDT1970
post Fri, 18 Jan 2019 - 11:11
Post #52


Member


Group: Members
Posts: 20
Joined: 19 Dec 2018
Member No.: 101,505



QUOTE (JDT1970 @ Wed, 19 Dec 2018 - 11:58) *
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.



*UPDATE*
Since my previous post I have taken the advice of someone who posted on my RTA post regarding getting a solicitor, after a lot of backwards and forwards I finally got a solicitor in Berwick to represent me who has advised it would be best for me to attend the police station rather than a home visit as he would then be able to assist me, my solicitor has since been in contact to advise that the police are still compiling their investigation and will be in contact in due course as of yet I have not attended the police station.
Go to the top of the page
 
+Quote Post
cp8759
post Fri, 18 Jan 2019 - 15:52
Post #53


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (JDT1970 @ Fri, 18 Jan 2019 - 11:11) *
*UPDATE*
Since my previous post I have taken the advice of someone who posted on my RTA post regarding getting a solicitor, after a lot of backwards and forwards I finally got a solicitor in Berwick to represent me who has advised it would be best for me to attend the police station rather than a home visit as he would then be able to assist me, my solicitor has since been in contact to advise that the police are still compiling their investigation and will be in contact in due course as of yet I have not attended the police station.

This is good news and the solicitor's advice is correct. Do let us know the outcome.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
notmeatloaf
post Fri, 18 Jan 2019 - 23:12
Post #54


Member


Group: Members
Posts: 3,306
Joined: 4 Mar 2017
Member No.: 90,659



My advice from the above is before you meet the solicitor print out the satellite view of the junction or draw a diagram and take it with you.

Firstly, your explanation is confused on here and probably won't be much better under pressure. At least with a map some of the explaining is done for you.

Secondly, dashcams tend to have quite strong lenses and what can look like a lot, or little, distance can be misleading. If you are claiming it was impossible to see the lorry when you begun your turn then being able to show the actual distances will be beneficial to you.

The solicitor will probably advise you to omit the first part of the story - few drivers seem able to drive sensibly when they miss a turn.
Go to the top of the page
 
+Quote Post
Redivi
post Sun, 20 Jan 2019 - 14:21
Post #55


Member


Group: Members
Posts: 4,126
Joined: 31 Jan 2018
Member No.: 96,238



Secondly, dashcams tend to have quite strong lenses and what can look like a lot, or little, distance can be misleading.
If you are claiming it was impossible to see the lorry when you begun your turn then being able to show the actual distances will be beneficial to you


Yes; they're practically fisheye lenses and seriously distort distances
Vehicles in front are much closer than the images suggest
Go to the top of the page
 
+Quote Post
JDT1970
post Thu, 14 Feb 2019 - 12:39
Post #56


Member


Group: Members
Posts: 20
Joined: 19 Dec 2018
Member No.: 101,505



I have now been given a date to attend the police station in Berwick along with my solicitor which is next week, roughly 3 months have passed since the accident, my solicitor has kept me up to speed with what the procedure will be, I will be booked in then my solicitor gets a quick view of what evidence the police have and we will then take it from there. I am very nervous and worried about the outcome, I really hope the evidence proves I was already turned into the road before the artic lorry hit me and that he would of had more than enough time to act accordingly.
Go to the top of the page
 
+Quote Post
cp8759
post Thu, 14 Feb 2019 - 12:47
Post #57


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (JDT1970 @ Thu, 14 Feb 2019 - 12:39) *
I will be booked in...

What exactly do you mean by booked in? Cos in a police station booked in normally means booked into custody, and while the police could in theory arrest you in order to interview you, if you attend a police station voluntarily with your solicitor, they'd be hard pressed to show that it was "necessary" to arrest you. The police have no power to arrest you if the arrest is not necessary.


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
JDT1970
post Thu, 14 Feb 2019 - 12:59
Post #58


Member


Group: Members
Posts: 20
Joined: 19 Dec 2018
Member No.: 101,505



QUOTE (cp8759 @ Thu, 14 Feb 2019 - 12:47) *
QUOTE (JDT1970 @ Thu, 14 Feb 2019 - 12:39) *
I will be booked in...

What exactly do you mean by booked in? Cos in a police station booked in normally means booked into custody, and while the police could in theory arrest you in order to interview you, if you attend a police station voluntarily with your solicitor, they'd be hard pressed to show that it was "necessary" to arrest you. The police have no power to arrest you if the arrest is not necessary.

It was my solicitor who said this is what happens, maybe he has worded it wrong but he has reassured me I won't be arrrested.
Go to the top of the page
 
+Quote Post
cp8759
post Thu, 14 Feb 2019 - 18:32
Post #59


Member


Group: Members
Posts: 38,006
Joined: 3 Dec 2010
Member No.: 42,618



QUOTE (JDT1970 @ Thu, 14 Feb 2019 - 12:59) *
QUOTE (cp8759 @ Thu, 14 Feb 2019 - 12:47) *
QUOTE (JDT1970 @ Thu, 14 Feb 2019 - 12:39) *
I will be booked in...

What exactly do you mean by booked in? Cos in a police station booked in normally means booked into custody, and while the police could in theory arrest you in order to interview you, if you attend a police station voluntarily with your solicitor, they'd be hard pressed to show that it was "necessary" to arrest you. The police have no power to arrest you if the arrest is not necessary.

It was my solicitor who said this is what happens, maybe he has worded it wrong but he has reassured me I won't be arrrested.

That's good (except that if they were to wrongly arrest you, the claim for damages would be significant).


--------------------
If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
Go to the top of the page
 
+Quote Post
Dean123
post Fri, 15 Feb 2019 - 07:31
Post #60


Member


Group: Members
Posts: 25
Joined: 1 Apr 2015
Member No.: 76,562



QUOTE (cp8759 @ Thu, 14 Feb 2019 - 12:47) *
QUOTE (JDT1970 @ Thu, 14 Feb 2019 - 12:39) *
I will be booked in...

What exactly do you mean by booked in? Cos in a police station booked in normally means booked into custody, and while the police could in theory arrest you in order to interview you, if you attend a police station voluntarily with your solicitor, they'd be hard pressed to show that it was "necessary" to arrest you. The police have no power to arrest you if the arrest is not necessary.


Depending on the computer system used, voluntary attenders are booked in on an 'out of custody' suite and are asked the majority of the same care questions as if they had been arrested. It's basically a fudge to get a interview reference number and to make sure that if the attender kills themselves after, arses are covered.
Go to the top of the page
 
+Quote Post

4 Pages V  < 1 2 3 4 >
Reply to this topicStart new topic
1 User(s) are reading this topic (1 Guests and 0 Anonymous Users)
0 Members:

 



Advertisement

Advertise here!

RSS Lo-Fi Version Time is now: Thursday, 28th March 2024 - 14:16
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.
IPS Driver Error

IPS Driver Error

There appears to be an error with the database.
You can try to refresh the page by clicking here