Court Case

Author
Discussion

Neil Menzies

5,167 posts

286 months

Thursday 20th December 2001
quotequote all
There are two aspects to all of this; the 'driver error' and the consequences.
If Gary Hart had ended up in a field instead of on a railway line, the driver error would have been the same, but the consequences vastly less tragic.
Similarly, if you are caught at 120 on an empty motorway on a Sunday morning, your 'driver error' has been noted, but there are no consequences. However, if you had a split second lapse of concentration at 120, your 'error' might be the same, but the consequences could be very different.
As a driver, as soon as you get behind the wheel, you are not only responsible for your behaviour, but also for any consequences which result from your behaviour.
You might have 100,000 drivers doing 120 on empty motorways, and only one coming to grief, but that one must accept the responsibility for the consequences, even if the other 99,999 don't think they've been doing anything wrong.
The law has to come into effect when the risk of 'error' is severe enough to outlaw the behaviour in the first place - such as driving while falling asleep.

Discuss...

macca

508 posts

281 months

Thursday 20th December 2001
quotequote all
Every time somebody gets into a car they are learning or honing their skills. So your point about tuition applies more to those that have just passed their test and less to those that have done 100,000's miles.

This debate will go round in circles and I am sure evryone is getting bored, so I'll call it a day on this one.

Merry Christmas everyone!

marlboro

Original Poster:

637 posts

273 months

Thursday 20th December 2001
quotequote all
All,
Many thanks for the input, it's great to hear unobjective and alternative views. Unfortunately or should I say gladly I remember very little about the accident, the info I posted came from witnesses. Being the victim I'm just a bit biased so hence my stance.

At the very least I hope this post makes everyone think twice about bikers.

Best wishes to all for Christmas and the New Year.

gizmouk

11 posts

283 months

Friday 21st December 2001
quotequote all
makes the 5 points I got for a nudge in a car park (recorded on CCTV) not contested by me but legally an 'accident' I failed to report look very severe don't it ? I could have got 5 more too for not stopping but the magistrates had some common sense.

hertsbiker

6,317 posts

273 months

Saturday 22nd December 2001
quotequote all
failed to report? errr, isn't it a requirement to report to Plod if an injury occurs?

Was it a public carpark? 5 points? very harsh.

marlboro

Original Poster:

637 posts

273 months

Thursday 27th December 2001
quotequote all
gizmouk,

I guess if you had gone to court with a solicitor and proved that you checked that no-one was injured before moving on, no action would have been taken. Did you stop and check?