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arollingstone
Original Poster
107 posts
17 months
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Ok, this is a bit of a long story so sit tight.
Yesterday afternoon, my sister and I were riding our horses down a quiet small country road, both on fairly young and inexperienced horses. My sister, who was riding infront, was wearing a high vis jacket that states "Young Horses, Please Pass Wide And Slow".
All was going well until a moron in some fiesta comes boombing down the road at well over 80mph, and attempts to sqeeze past us whilest blaring his horn at us. He passes so close that the metal stirups scrape the wingmirror, and my horse spooks and kicks out, compleatly destorying the cars rear quarter, lights and everything.
At this point, the idiot stop his car, reverses up, and starting beeping his horn and shouting out the window, telling me how he is going to sue me. I have already got off my horse as kicking the car has cut all around the hoof, with blood everywhere. Unfortunatly, the commotion that this guy is making sets off my sister's horse.
(At this point, I would like to mention that my little sister is only 15 years old, and although she has ridden all her life, nothing prepares you for crazy situations like this)
So my sister's horse spooks at the noise this guy is making, and bolts down the road. She falls off, hits the road tarmac and is knocked out cold.
I then did something that I know was wrong, but dont regret - I turned around, and gave the guy the biggest smack I've ever given anyone. I then procede to run over to my sister and ring the ambulance.
The chap in the fiesta then see's that my sister is on the road, and promtly decides to get in his car and drive off, but not before I got his number plate.
My sister is fortuantely fine, only out for a couple of seconds so nothing worse than a bit of brusing, but my horse will be lame for a while until he recovers and vet bills are already £500+
Police have been notifed and say that its up to me if we press charges. However I need to know that if i go after him, I have a strong enough case to not be done myself for breaking his nose and causeing damage to his car. Any input is welcome.
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SirSamuelOfBuca
1,009 posts
26 months
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good on you t  tting him. I am no lawyer but as you hit him it could be hard to have a case? dont let it put ur sis off riding hope she is ok!
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oldsoak
5,585 posts
71 months
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The trauma of the incident is clouding your recollections of it I fear, Wasn't it that were in fear of what this maniac would do to you as he got out of his car and came at you...so lashed out to protect yourself?....
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Breadvan72
10,234 posts
32 months
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If, and I say if, as I do not know what really happened, your version of events is substantially correct, then I would recommend that you encourage the police to pursue the matter, as the driver's irresponsible behaviour endangered your sister (and you, and the horses).
You should not have resorted to violence, but would probably have a defence of provocation to any claim of an assault on the driver. This does not sound like a self defence situation. There will, of course, be potential for a "he said, she said" contest as to what actually happened. Having said that, if you make a clear and honest report, and it appears credible to the police that,the driver left the scene of an accident, the dispute may be more likely to favour you than the driver. In addition to any criminal liability, there may be a civil claim for damages for injuries caused to your sister or the horses . The damage to the car, on your account, was the driver's fault. He drove in a manner which it was foreseeable might spook the horses and cause them to act in a potentially dangerous way.
I add, however, that your account sounds somewhat exaggerated, as it is unlikely that the Fiesta was going at 80 mph before or when it made contact with your stirrup. Overall, your narrative sounds a bit overheated, which is understandable if you were stressed out by the events, but try to give a level headed account of what happened, with no embellishments. Some PH'ers may come along and say that your story is not credible. Some motorists (wrongly, I think), dislike horse riders on principle. I do not judge on the accuracy of your version of events, as I cannot do so.
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Toltec
1,822 posts
92 months
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You have video evidence to back up your equine mounted, speed measuring equipment?
Barring a little hyperbole it sounds like you dealt with the festa driver quite reasonably. After all he was clearly quite hysterical and may have caused even greater injury had he spooked your horses further. A calming slap was required really.
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Steffan
6,201 posts
97 months
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Toltec said: You have video evidence to back up your equine mounted, speed measuring equipment?
Barring a little hyperbole it sounds like you dealt with the festa driver quite reasonably. After all he was clearly quite hysterical and may have caused even greater injury had he spooked your horses further. A calming slap was required really. Good advice. well presented factual account. I would leave it there.
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Starfighter
1,153 posts
47 months
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IANAL but I would suggest that there are 2 lines of action to consider - - Civil case - Your horse has been injured due to the action of the driver and this has incurred costs that should be recoverable from the driver's insurance company. You have the registration number so I would suggest and the police may may be able to assist in getting you the insurance details. You have right to these details even though you are not driving a car as the horse is a reportable animal and your sister was injured. Failing that the DVLA will provide you with the RC's name and address as a starting point.
- Crimianl case - I assume that the incident has been reported to the poce and a full statement made. You could choose to follow up on the poor driving, assault (you hit him in fear of your safety) but this may involve couing to court. The fact that the driver left the scene without providing name and address is a separte issue and the poice could (should) follow up on this and as the accident is reportable (horse and person injury) then they could be done for failing to provide and failing to report.
Advice - Get you and your sister on a(ny) horse soon so this idiot does not ruin it for you. His fault, make sure he is aware that his conduct is not acceptable.
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Farmerpalmer
162 posts
33 months
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oldsoak said: The trauma of the incident is clouding your recollections of it I fear, Wasn't it that you were in fear of what this maniac would do to you as he got out of his car and came at you...so lashed out to protect yourself?.... ++1 do not let him get aware with this - he deserves more than was dished out
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Red Devil
4,255 posts
77 months
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Starfighter said: IANAL but I would suggest that there are 2 lines of action to consider - - Civil case - Your horse has been injured due to the action of the driver and this has incurred costs that should be recoverable from the driver's insurance company. You have the registration number so I would suggest and the police may may be able to assist in getting you the insurance details. You have right to these details even though you are not driving a car as the horse is a reportable animal and your sister was injured. Failing that the DVLA will provide you with the RC's name and address as a starting point.
- Crimianl case - I assume that the incident has been reported to the poce and a full statement made. You could choose to follow up on the poor driving, assault (you hit him in fear of your safety) but this may involve couing to court. The fact that the driver left the scene without providing name and address is a separte issue and the poice could (should) follow up on this and as the accident is reportable (horse and person injury) then they could be done for failing to provide and failing to report.
Advice - Get you and your sister on a(ny) horse soon so this idiot does not ruin it for you. His fault, make sure he is aware that his conduct is not acceptable. ^^This^^ Allowing for the hyperbole (a car travelling at 80mph passing close enough to contact the stirrups is hard to credit) then this needs to be followed up. There is no excuse for such driving and it needs to be addressed before someone else suffers far worse consequences. Unfortunate that the OP resorted to violence though. A counter allegation by he driver could cause some problems. A loud exhaust and some verbal fisticuffs resulted in this driver being hauled before the magistrates and fined for a POA offence - http://www.pistonheads.com/gassing/topic.asp?h=0&a...
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aw51 121565
2,709 posts
102 months
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The speed of the car is all down to perception, and loud noise - "the sounds of speed" if you like - really messes that perception up  . But if he/she/it was driving in a manner such as to spook the horse and damage occured, he/she/it was not driving appropriately. Did you not ring the police at the time of the incident, and ask them to attend the scene? The marks on the road would have been of interest, as well as the distrbuton of the broken glass, I would have thought in the view of the extent of the damage to the car and horse and a rider who needed an ambulance (as reported).
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ED209
2,934 posts
113 months
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He driving was out of order, however you were out of order for punching him, it doesnt sound like self defence to me more like you lost your temper and hit him.
I suspect any action taken by you against the driver would result in a complaint of assault against you.
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Steffan
6,201 posts
97 months
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ED209 said: He driving was out of order, however you were out of order for punching him, it doesnt sound like self defence to me more like you lost your temper and hit him.
I suspect any action taken by you against the driver would result in a complaint of assault against you. Essentially my concern. Being knocked over will probably ensure this does not happen again with that driver. He will have noticed the downside risk. Given that you obviously felt threatened and concerned for your daughter, who was unconscious, as a result if the drivers lunacy, I would leave the matter there. The Police are offering you a sensible option. Take it.Downside risk is escalating legals on both sides.
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PurpleMoonlight
1,332 posts
26 months
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Sorry OP, you assaulted someone and there is evidence of that and you appear to have admitted it to the police. It is a far more serious offence than your claimed inconsiderate driving for which it's just your word again his.
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Big_Dog
559 posts
54 months
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Irrespective of how fast he was going he should never be close enough to scrape a stirrup. You only hit him once as I am sure you were scared for you and your sisters safety. Following his already unpredictable behaviour you would surely be forgiven for expecting him to attack you.
I would follow this up, causing your sister to fall off of a horse is dangerous. There are people out there in wheelchairs who fell off a horse.
Was this in an area where you might expect to see horse riders?
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T_Pot
2,542 posts
66 months
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If only for this reason only, ill never understand why people ride horses on the highway... 15yr old in charge of a horse on a highway, is never good to see. from what i read though, id say you had a case right up until you t tted him. then you put yourself up for an assault charge. if you cant control your anger, you have little hope of controlling your horses
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Countdown
6,383 posts
65 months
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T_Pot said: If only for this reason only, ill never understand why people ride horses on the highway...
15yr old in charge of a horse on a highway, is never good to see. t t in charge of a Fiesta is also never good to see. We are all users of the highway in different shapes and forms. All we need to show is some common courtesy and some common sense. T_Pot said: from what i read though, id say you had a case right up until you t tted him. then you put yourself up for an assault charge. if you cant control your anger, you have little hope of controlling your horses We each have our own thresholds. Given the circumstances described by the OP, to me it seems prefectly understandable why he did what he did.
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T_Pot
2,542 posts
66 months
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so if someone hits my car, its perfectly ok for me to hit them? REALLY????????
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Marf
22,907 posts
110 months
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T_Pot said: so if someone hits my car, its perfectly ok for me to hit them? REALLY???????? Yes, because that's exactly what happened, isn't it??
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Countdown
6,383 posts
65 months
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T_Pot said: so if someone hits my car, its perfectly ok for me to hit them? REALLY???????? If somebody hit your car, injuring your sister (or potentially worse) then started abusing you, then no, it's not OK, but it would be understandable.
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jackh707
982 posts
25 months
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Personally I'd chalk it up to experience and drop it, is it really worth the sleepless nights and effort trying to pursue the matter? I understand the fiesta driver is the instigator of the incident but I'd pray that he didn't report the assault and try and forget about it, I can understand your actions but they could get you into deep trouble. Hope you horses mend and your sister is alright.
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