Witness to v minor rta

[355f]

Some months ago I witnessed a very minor RTA where a lorry had clipped the rear bumper/ rear panel of a car in front of me. It was a very narrow road and he did not stop.

Being the good samaritan, I gave my name and address, now ive been requested to give evidence in court.

On the form I submitted I stated that I did not think it appropriate that action should be taken against the driver of the lorry. Now the CPS is pursueing the case thus;
failing to stop after and accident

Drving without due care

Reckless driving

This all seems to me WAY over the top when real criminal acts are not being persued at all.

A court date was set which I could not attend so now a new date is to be set and if i dont go I can be in contempt of court my self.

What can I do?? Im busy and dont hae time to mess about with this. One thing for sure NEVER be a witness

>>> Edited by 355f on Monday 26th January 12:53

[silverback mike]

I can understand the negativity you feel however I dont think it is good advice to tell people NEVER to be a witness, the job is hard enough without people refraining from attending court. The CPS are going for the maximum, and will no doubt be whittled down into something less gravitous. However, the driver did fail to stop, and your evidence helped this along.
You did become a witness, and CPS are running the case. They must have a reason for this, without witnesses Police prosecutions get no-where, its just in this case you feel you have nothing to offer the prosecution. Tell them that, and you will be out of court to carry on with your life as soon as the papers are opened.
But you must not forget your expenses.


>> Edited by silverback mike on Monday 26th January 13:10

[gshughes]

Also the cps might know stuff about this guy that you don't, previous convictions, other incidents etc . I'd be pretty pissed off if someone hit me and didn't stop, so I think you did the right thing by being a witness, and should have the courage of your convictions, and go to court.

[zcacogp]

355f said:

One thing for sure NEVER be a witness

Sorry, I don't agree with this. Having been in accidents where I KNOW I have been in the right, but there hasn't been a witness (or no-one willing to be a witness) I have been screwed bigtime. If you ever CAN be a witness in a situation like this, then DO SO! Not to do so is to allow unscrupulous people to get away with crime - literally.

Yes, it may be a bugger to be part of it, but it is the price you pay to live in a civilised society. Would you want the alternative?

To be honest, I am slightly disappointed that someone can suggest not being a witness in this sort of situation, regardless of the severity of it.


Oli.

[V12Bob]

zcacogp said:

355f said: One thing for sure NEVER be a witness Sorry, I don't agree with this. Having been in accidents where I KNOW I have been in the right, but there hasn't been a witness (or no-one willing to be a witness) I have been screwed bigtime. If you ever CAN be a witness in a situation like this, then DO SO! Not to do so is to allow unscrupulous people to get away with crime - literally. Yes, it may be a bugger to be part of it, but it is the price you pay to live in a civilised society. Would you want the alternative? To be honest, I am slightly disappointed that someone can suggest not being a witness in this sort of situation, regardless of the severity of it. Oli.

[te51cle]

I think you should definitely make time for this. It's the price we have to pay for civilisation. If you were the guy he hit and your witness pulled out his support from underneath you how would you feel ? I bet you'd have a few choice words to say.

Also agree with the point that the prosecution may also know about the background of the lorry driver. If he gets away with this it might be a pedestrian, cyclist or motorcyclist he "didn't see" next time around.

[safespeed]

355f said:

Some months ago I witnessed a very minor RTA where a lorry had clipped the rear bumper/ rear panel of a car in front of me. It was a very narrow road and he did not stop. Being the good samaritan, I gave my name and address, now ive been requested to give evidence in court. On the form I submitted I stated that I did not think it appropriate that action should be taken against the driver of the lorry. Now the CPS is pursueing the case thus; failing to stop after and accident Drving without due care Reckless driving This all seems to me WAY over the top when real criminal acts are not being persued at all. A court date was set which I could not attend so now a new date is to be set and if i dont go I can be in contempt of court my self. What can I do?? Im busy and dont hae time to mess about with this. One thing for sure NEVER be a witness >>> Edited by 355f on Monday 26th January 12:53

This sounds like another travesty in the making. It's easy driving a lorry to be unaware of such a minor collision. The law (quite rightly) does not require a driver to stop if he doesn't know he's been involved in an accident.

I suggest you write to the CPS and withdraw your support for the prosecution case unless they have evidence that the lorry driver knew he had been involved in an accident.

Best Regards,
Paul Smith
Safe Speed
www.safespeed.org.uk

[streaky]

safespeed said:

This sounds like another travesty in the making. It's easy driving a lorry to be unaware of such a minor collision. The law (quite rightly) does not require a driver to stop if he doesn't know he's been involved in an accident. I suggest you write to the CPS and withdraw your support for the prosecution case unless they have evidence that the lorry driver knew he had been involved in an accident.

Once again, Paul makes a good point. The little sister of a work colleague of mine many years ago was killed when she rode her tricycle under the rear wheels of an articulated milk-tanker. The driver had no idea (this was before cellular telephones) until he returned to the depot and was met by the police. He wasn't prosecuted but suffered a complete breakdown.

However, having offered oneself as a witness, one has little option than to continue with it (otherwise you do society a dis-service). If the collision was very minor, then the lorry driver might very well have been unaware of it at the time and indeed subsequently. If he is being prosecuted for failing to stop that could be unfair (to him). As a witness you might well find yourself unable to address the issue of it being a minor impact and unable to suggest that the lorry driver might have been unaware.

I suggest (and I am not a lawyer) that you write to the CPS stating your view that the lorry driver would have been unaware of the collision. That puts it on record and should (IMHO) be disclosed to the defence. Under such circumstances you might not then be called.

I note also that the list of offences is longer than "failure to stop". The driver might have committed the other alleged offences at another time (or immediately beforehand or afterwards), or they might be extensions of the FTS. From your description of the accident and your reaction, I presume you were not a witness to the lorry driver committing these offences. If so, I suggest you make that clear to the CPS in your letter.

Streaky