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crowe
at the beginning of dec i was involved in an accident. i was driving up a curved road one in which i have drove on several thousand times accident free. whilst driving along the bright sun blinded my vision and i crashed into a parked arctic lorry. the lorry was parked at the side of the road 'in' a parking bay. his front wheel mounted the kerb whilst his trailer stuck out past the white lines of the bay by at least 3ft into the road. with me was a passenger whose legs got trapped and had to be cut free no serious injurys he did not see anything as was not looking. i was not speeding 20mph tops, no mobile phone and wearing seatbelt. on the 24th of feb i received a court summons for the 18th of march. i have a clean driving licence and have been driving 9 and a half yr i was driving a works citeron relay van, my union can not help me. i intend on pleading not guilty to driving without due care and attention as i believe the contributing factors were the lorrys parking and extreme weather conditions i also do not want to take all the blame could i accept partial?
i have a good photo to back my claim up which clearly shows the parking of the lorry and the low sun i will upload but dont no how just yet.
Can anyone help me on this matter im skint so can not afford to pay a soliciter i work full time but my means of income ins/out form will show i have very little disposable income with no savings.
ford poplar
Go to Fightback Forums link, click 'Read this first, frequently asked questions' and open
'How to prepare/post photographs & images' Use tinypic to post images.

Is the lorry driver being prosecuted?

Time of incident? Direction travelling (rough compass heading)?

Works van so I assume driving on Co Insurance policy.
Can the Co Insurance or Union not offer you legal advice from solicitor, even if they don't want to get directly involved in the case?
Do you have your own motor insurance or membership of AA/RAC who could offer legal advice?

On a clear day winter sun can be a bi*ch.
blacksythe
Hmm this is a tricky one with the lorry being parked, I don't think you will be able to move the court on the blame issue due to the lorry itself being stationary.
Best advice is to emphasive that you most definately where driving around 20 mph (depending on the speed limit) especially if its a 40mph limit they cannot prove you where not travelling any faster without witnesses or forensics. (I highly doubt they where called out for such a minor insident). Good call on the photograph's these will provide you with a massive backup to you case.
Finally ask your passenger to bear witness in court if you havn't already; without good witnesses themselves the prosecution will have less of a leg to stand on.

On a final note Best of luck in court and I sincerely hope the court leans in your favour and if they don't the penalty is severely reduced.
crowe
still trying to upload image its not letting me tho for some reason.
dont no about the lorry driver.
i was driving on an incline towards the sun not sure about compass direction.
im still asking but so far transport manager has not given me help and union says they dont represent rta in maj courts. im not with aa etc.
its really stressing me out this court case to make matters worse its on my bday. my gf paid for a minicruise for my bday present im due back in from amsterdam 9.30am and have to be in court 1.30pm. i think just over 2weeks notice isnt really fair when i have no soliciter and have never been in this position before so no nothing of procedure.
going to try get some zzzzzzzzzzzzz now yawwwwn

time of the accident was 11.05am approx. im a named driver on the insurance for my girlfriend/long term partners car.
yes i think he will be a witness but has already given numerous statements i have not asked him directly if he will stand up in court but will do tomarrow/ the day! shit i better get some sleep!
ford poplar
Were you cautioned or advised you would be reported for consideration of driving without due care at the time of the incident incident?
Did you fill in an accident report for the Insurance Co.
I assume you were driving the van with the firm's permission?
Union may not represent you in Court but I would have thought could arrange a short informal chat with one of their solicitors to offer advice. I would want something for paying my dues.
The Court date may be just a pre-trial hearing to set a date for trial, unless you plead guilty. A non-guilty plea should give you access to prosecution evidence and witness statements. You can always change plea to Guilty before the full trial.

Take time to write down as much as you can remember of the incident, time, weather, road & traffic conditions, speed. Draw a sketch map of road, vehicle positions and damage sustained to both, sun position relative to you. What you said to Police and what they said to you. Include what your friend remembers. Include any forms etc received later, with dates. I am guessing that they are going for due care because of the 3rd party injury and rescue services involvement.

Put it in a drawer, relax and review it a couple of days later, amend as required.
A local motoring solicitor may give you a 30min free consult if you ask nicely.

Enjoy your bday treat
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