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jo_storey
Hi all,

I am really hoping that someone may be able to advise me on an accident I had back on the 17th February 2005.

I have received a magistrates court summons on the 3rd June 2005, for driving without due care and attention.

A little about the accident.......I was driving along a 40mph single carriageway by myself at 18:40, so it was dark.  It had been raining for at least half an hour, and the rain was light.  The visibility on the road was not great.  I approached a PELICAN crossing, whereby the lights were on green.  I predict my speed was around 25mph, though I am not definite.  As the light was green, I proceeded across the crossing.  However, on driving over the crossing, a pedestrian (who despite wearing all dark clothes, I had seen prior to driving over the crossing) stepped out without looking at my car, and bounced of the front far side wing of my car, and fell back onto the kerb area of the road, still on the crossing.  I obviously braked at this time, and stopped at the other side of the crossing, and then moved my car out of the way to see to the pedestrian.  The police arrived on the scene quickly, and the woman was taken to hospital with a suspected broken arm/shoulder.  I was incredibly shaken and disturbed and it took me ages to get back behind the wheel.

The issue I have is that the pedestrian has never made a claim against me, but I have now received this summons from the Police.  I have contacted my insurance company, who believed (and still do) that I have a good case, and I am waiting to hear from a solicitor.  

I dispute the Police claim as untrue.  I know the light I went through was green (and I believe at least one witness confirmed this at the time), and as stated in the Pelican Pedestrian Crossings Regulations and General Directions 1987, this means I am able to proceed with right of way over a pedestrian.  Also, the police have summonsed me for this CD10 (Due care) offence, and not for a TS10 (Failure to comply with traffic light signals).  Therefore, under this information does that not state that the fact that the light was green is not in dispute?  If so, then whilst I should show the reasonable awareness expected for a driver, I cannot be held liable if a negligent pedestrian decided not to pay me a duty of care, and crossed the road unexpectedly?

I fully intend to plead not guilty on this summons, and will have to attend court on a later date (at present the date is 16th June 2005).  I was hoping that someone may have some advice for me on how to best defend myself?  I am a recent graduate who has just moved into a full time job after being unemployed for 5 months, so the prospect of fines and fees is frightening as I have no savings, and lots of bills!!  

Furthermore, I believe the Police have not followed correct procedure, but I am unaware as to whether this will be taken into account, or even matter.  I was told at the scene that I would receive an Accident Report after 6/8 weeks, and despite calling the Police several times I never received any report, information on the pedestrian or witnesses.  In fact, the first I have heard from the Police was when this summons turned up yesterday.  In addition, the statement of facts on the summons is incorrect.

Can someone help me as to what to do next?  I am really unsure.  I have no criminal record, have been driving for 3 and a half years, and have a clean driving licence.  I do intend to fight this as far as possible, as it really is the principle of the matter.  I fully appreciate that I will probably end up spending more in the long term but I don't care.  I refuse to accept points on my licence and a fine for a crime I haven't committed!

Any help or suggestions would be so gratefully received as I really am clueless as this has never happened to me before!!!!!!

Thanks

Jo

:?
Quattro
QUOTE
I know the light I went through was green (and I believe at least one witness confirmed this at the time),


Have they stated that you went through a red light and if so what evidence do they have to support it?

If it's the same as a speeding case, you will receive a primary disclosure from the CPS which will tell you what evidence they have. If it is just the statement from the pedestrian and you have a witness who will state that it was green, I would assume that you have a good case.

I am sure that the legal eagles on here, who know much more about the law than I do, will point you in the right direction if I am wrong about primary disclosure.
andy_foster
Jo,

I'm (almost) speechless. You are clearly a victim of political correctness.

Whilst it would appear that there is no reasonable case against you, I'd strongly advise speaking to the solicitor you're waiting to hear from.

Other than that, I can offer little advice other than in 4/5 years time, remember which party has been demonising motorists.
DW190
Jo

Your insurance company may provide funding to defend the charges.  Do check with your/yourparents home contents insurance if it provides Legal Assistance.

A good solicitor and barrister will rip any prostitution to shreds if there is insuffucient evidence.
matt1133
did the officer give you a verbal NIP? does it say in the statements?

Cheers,
matt
jo_storey
Hi all,

May I just say thanks so much to all of you for replying!  I'll try and answer everything....

At present, I have a solicitor who I obtained via my insurance company double checking that I have Legal Assistance included in the terms of my insurance.  If not, I will check under the terms of our contents insurance.  Even if I don't I will still plead not guilty when I return the summons, I know I may be too proud, but I can't lie and admit guilt to going through a red light if it didn't happen.

In terms of witnesses, at the time of the incident, the first policeman that turned up (who was not traffic police) was kind enough to move my car to a safe place, as I was really shaken, and the traffic police left very quickly.  He drove me home and mentioned that he took a statement from the car in front of mine who said that when she went through the lights a few seconds prior, they were green.  I could get confirmation of what he said, as he is a local voluntary policeman, and I know who he is.  If I had to estimate I would say it is the statement of the pedestrian saying that the light may have been red or something to that effect, particularly as it could well be a face saving gesture to say a car hit you as oppposed to admitting being a bit careless and not looking where you were going!  Also, I attempted to track a police report down weeks ago, and was told by an administrator on the phone that there was one witness statement, and they were waiting on one more, so this could also be contradictory I guess.

The solicitor is also currently attempting to obtain all the report documentation from my insurance company, but they may not have everything, so I may get on to the Police again myself just to be sure.  I do have a very detailed personal statement taken by a personal investigator sent out from the insurance company a couple of months ago, so I will try and obtain this as well.

Lastly,
QUOTE
did the officer give you a verbal NIP? does it say in the statements?
sorry Matt, I have no idea what a NIP is.  Said I was clueless...sorry!!

Cheers

Jo
DW190
QUOTE
Quote:  
did the officer give you a verbal NIP? does it say in the statements?  
sorry Matt, I have no idea what a NIP is.  Said I was clueless...sorry!!


"You will be reported for the offence of ???"
jo_storey
Cheers DW190

At the time of the incident, I asked the traffic policeman what was likely to happen next.  He said they would need to take statements from any witnesses, and there could be a chance of prosecution if I was to be found guilty of committing any crime.  He did not say at the time in any words that I would be reported for driving without due care and attention.  The first time I have heard that statement in relation to my case is on the summons... icon_eek.gif

Hope that helps

Jo
DW190
QUOTE (jo_storey)
Cheers DW190

At the time of the incident, I asked the traffic policeman what was likely to happen next.  He said they would need to take statements from any witnesses, and there could be a chance of prosecution if I was to be found guilty of committing any crime.  He did not say at the time in any words that I would be reported for driving without due care and attention.  The first time I have heard that statement in relation to my case is on the summons... icon_eek.gif

Hope that helps

Jo

In that case it will depend on what the witnesses say.

Just a note that may be of interest:
QUOTE
1.—(1)  Subject to section 2 of this Act, where a person is prosecuted for an offence to which this section applies, he is not to be convicted unless—

(a)
he was warned at the time the offence was committed that the question of prosecuting him for some one or other of the offences to which this section applies would be taken into consideration, or
And the bad bit:
QUOTE
2.—(1)  The requirement of section 1(1) of this Act does not apply in relation to an offence if, at the time of the offence or immediately after it, an accident occurs owing to the presence on a road of the vehicle in respect of which the offence was committed.
The Rookie
You have a success story at http://forums.pepipoo.com/index.php?showto...2566&st=320 could you put a bit more detail in in case of any othersimilar fatuous prosecutions!

Interestingly I am in a vaguely similar situation where I was hit by a women who decided to overtake whilst I was turning right, her story doesn't even come close to matching what happened, although I thnk she will be easy to trip up as some of thephysical facts don't match her story enough to call it into doubt, bearing in mind its one word against the other - in court 15/01/07!

Simon
jeffreyarcher
QUOTE (jo_storey @ Fri, 8 Dec 2006 - 18:59) *
Hi all,

Re: help I had from you all -

I did plead not guilty on my DWDCAA summons last year for a collision with a pedestrian and I was subsequently cleared in court, and after a 4 month wrangle with the police to confirm, I finally had my no claims reinstated. biggrin.gif

As a driver of 5 years with no points or previous convictions it was a shock to be summonsed for the collision, as the pedestrian stepped out onto my car as I went through a green light. It was a greater shock to realise in court the pedestrian was asking her solicitor how long she had to wait before "suing my ass"! However, many people on forums told me to fight it and despite the fact my insurance company refused to represent me, I found a solicitor and went for it. I had no witnesses to directly support me as I was driving alone but with a great solicitor we managed to prove the pedestrian crossed on a red light and in doing so did not use DCAA not me! The pedestrian also produced a dubious witness who ultimately contradicted all the other "evidence" to my luck.

I just wanted to say:

1) Just because someone has a collision with a pedestrian does not always mean the driver is at fault! If I had a £1 for every disapproving look and "You hit someone???" comment I'd be a millonaire!
2) If you know you haven't done anything wrong despite how it looks, believe in yourself a little. I knew if I had pleaded guilty by post I would have avoided my day in court and months of stress but I would have lied to myself, and faced more problems.
3) Beware of people who are in it for "no win no fee" personal injury cases!

Thanks for forums like this and to everyone who offered advice.

Jo:cheers:
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