Reported for dangerous driving and not my fault, help!!!
Discussion
I was very close to having a head on collision today when overtaking, I believe through no fault of my own. I have apparently been reported to the police by the lorry driver involved for dangerous driving. I Was driving towards York on the A19 which if you don't know is a NSL single carriageway road. 2 vehicles in front was an old lady in a small hatch doing 45mph followed by an artic lorry and then me. When on a stretch of road with clear visibility and no oncoming traffic I pulled out to overtake both the lorry and the car. There was a junction on the left with a van stopped waiting to turn right, when I was alongside the cab of the lorry the van pulled out turning right towards me. Even driving straight towards me I still don't think he had seen me and there now wasn't enough room to overtake the car now the van had pulled out towards me. I thought if he hovered alongside the front of the lorry and signalled to pull in he would have seen what happened and slow down sufficiently to let me in between him and the car. There were cars behind me waiting to overtake so chances were that the gap I once had behind the lorry had now disappeared. He blatantly refused to let me in though so to avoid a head on collision I had to force myself in to a non existent gap forcing the lorry apparently onto the side of the road. At a set of traffic lights a few miles later the lorry driver got out of his cab and told me that he had reported me for dangerous driving to the police.
What is everyone's thoughts on this? Obviously the van driver didn't look properly before he pulled out otherwise he would have seen me overtaking (I saw him in the junction so he could have seen me), and then once in the situation should the lorry driver have slowed down sufficiently to let me in once I had signalled to avoid an accident.
Has anybody else had experiences where other vehicles have failed to check both sides of the road and pulled out on you while overtaking? I'm just after some advice because if he has reported me for so called dangerous driving I will probably get a knock on the door or be pulled by the police quite soon.
I think the lorry driver wasn't aware that I was alongside him before the van pulled out so thought I was a stupid idiot for trying to overtake, I can understand him reporting me to the police if he didn't appreciate what had happened though. How do I explain it to the police when they catch up with me though?
What is everyone's thoughts on this? Obviously the van driver didn't look properly before he pulled out otherwise he would have seen me overtaking (I saw him in the junction so he could have seen me), and then once in the situation should the lorry driver have slowed down sufficiently to let me in once I had signalled to avoid an accident.
Has anybody else had experiences where other vehicles have failed to check both sides of the road and pulled out on you while overtaking? I'm just after some advice because if he has reported me for so called dangerous driving I will probably get a knock on the door or be pulled by the police quite soon.
I think the lorry driver wasn't aware that I was alongside him before the van pulled out so thought I was a stupid idiot for trying to overtake, I can understand him reporting me to the police if he didn't appreciate what had happened though. How do I explain it to the police when they catch up with me though?
So what's not dangerous about overtaking at a junction, especially a junction you can see has a vvehicle waiting? It sounds like the van had plenty of time to pull out in front of the vehicles you were overtaking?
TBH your description does make the overtake sound dangerous to me unless I've misunderstood the circumstances.
TBH your description does make the overtake sound dangerous to me unless I've misunderstood the circumstances.
I personally wouldn't have gone for the overtake if I'd seen a van waiting at a junction that I was going to be closing at on the "wrong" side of the road, but that's just a judgement call - I prefer not to have to rely on others doing the right or predictable thing any more than I have to.
I can't say what the Police will say, but if it was me, I'd be talking to a lawyer about now to get an idea of the lie of the land.
I can't say what the Police will say, but if it was me, I'd be talking to a lawyer about now to get an idea of the lie of the land.
You could certainly be blames for overtaking on the approach to a junction, I'm no lawyer but I think this would amount to careless driving rather than dangerous.
Just the lorry drivers word against your as to when the overtake was started, dangerous driving is notoriously difficult to prove so you're probably OK.
If the worst comes to the worst, you might be able to plead guilty to careless in order to avoid being prosecuted for dangerous.
Careless - Get a fine and points or possibly a ban.
Dangerous - At best a fine, a years ban and a criminal record. At worst a change of address and a roommate called 'Big Harry'.
Just the lorry drivers word against your as to when the overtake was started, dangerous driving is notoriously difficult to prove so you're probably OK.
If the worst comes to the worst, you might be able to plead guilty to careless in order to avoid being prosecuted for dangerous.
Careless - Get a fine and points or possibly a ban.
Dangerous - At best a fine, a years ban and a criminal record. At worst a change of address and a roommate called 'Big Harry'.
It's one of those situations where three different actions (OP overtaking, van pulling out, lorry driver not lifting off) line up to create an outcome, or at least something close to an outcome in this case. Hardly the OP's fault alone, more one of those 's
t happens, learn what you can from it so as to avoid a repeat in future, then move on' situations.
The lesson, in this case, is definitely:
t happens, learn what you can from it so as to avoid a repeat in future, then move on' situations.The lesson, in this case, is definitely:
timskipper said:
2. Don't overtake past junctions and this won't happen.
martinhayes17 said:
I was very close to having a head on collision today when overtaking, I believe through no fault of my own. I have apparently been reported to the police by the lorry driver involved for dangerous driving. I Was driving towards York on the A19 which if you don't know is a NSL single carriageway road. 2 vehicles in front was an old lady in a small hatch doing 45mph followed by an artic lorry and then me. When on a stretch of road with clear visibility and no oncoming traffic I pulled out to overtake both the lorry and the car. There was a junction on the left with a van stopped waiting to turn right, when I was alongside the cab of the lorry the van pulled out turning right towards me. Even driving straight towards me I still don't think he had seen me and there now wasn't enough room to overtake the car now the van had pulled out towards me. I thought if he hovered alongside the front of the lorry and signalled to pull in he would have seen what happened and slow down sufficiently to let me in between him and the car. There were cars behind me waiting to overtake so chances were that the gap I once had behind the lorry had now disappeared. He blatantly refused to let me in though so to avoid a head on collision I had to force myself in to a non existent gap forcing the lorry apparently onto the side of the road. At a set of traffic lights a few miles later the lorry driver got out of his cab and told me that he had reported me for dangerous driving to the police.
What is everyone's thoughts on this? Obviously the van driver didn't look properly before he pulled out otherwise he would have seen me overtaking (I saw him in the junction so he could have seen me), and then once in the situation should the lorry driver have slowed down sufficiently to let me in once I had signalled to avoid an accident.
Has anybody else had experiences where other vehicles have failed to check both sides of the road and pulled out on you while overtaking? I'm just after some advice because if he has reported me for so called dangerous driving I will probably get a knock on the door or be pulled by the police quite soon.
I think the lorry driver wasn't aware that I was alongside him before the van pulled out so thought I was a stupid idiot for trying to overtake, I can understand him reporting me to the police if he didn't appreciate what had happened though. How do I explain it to the police when they catch up with me though?
Thought somebody should quote, just in case What is everyone's thoughts on this? Obviously the van driver didn't look properly before he pulled out otherwise he would have seen me overtaking (I saw him in the junction so he could have seen me), and then once in the situation should the lorry driver have slowed down sufficiently to let me in once I had signalled to avoid an accident.
Has anybody else had experiences where other vehicles have failed to check both sides of the road and pulled out on you while overtaking? I'm just after some advice because if he has reported me for so called dangerous driving I will probably get a knock on the door or be pulled by the police quite soon.
I think the lorry driver wasn't aware that I was alongside him before the van pulled out so thought I was a stupid idiot for trying to overtake, I can understand him reporting me to the police if he didn't appreciate what had happened though. How do I explain it to the police when they catch up with me though?
The lorry driver can report what he likes - without independent witnesses or footage it's extremely unlikely to go anywhere.
OP - your best bet is to stop worrying and wait and see if anything happens.
If you're contacted by the Police, talk to them, but only with your solicitor present.
OP - your best bet is to stop worrying and wait and see if anything happens.
If you're contacted by the Police, talk to them, but only with your solicitor present.
You do need to take care or avoid passing junctions on the wrong side of the road for this reason, you can't rely on joining traffic turning left to look your way.
Another less obvious lesson here is that a trucker will become judge, jury and executioner and will happily watch you crash rather than touch his brakes, provided the accident isn't his fault (said with a shrug and chest puffed out)
If he decrees that your overtake doesn't get his approval you better make a plan fast that doesn't rely on his help.
ETA: better plan is one that anticipates his deliberately making your predicament worse
Another less obvious lesson here is that a trucker will become judge, jury and executioner and will happily watch you crash rather than touch his brakes, provided the accident isn't his fault (said with a shrug and chest puffed out)
If he decrees that your overtake doesn't get his approval you better make a plan fast that doesn't rely on his help.
ETA: better plan is one that anticipates his deliberately making your predicament worse
Edited by supermono on Friday 6th February 14:07
9mm said:
The lorry driver can report what he likes - without independent witnesses or footage it's extremely unlikely to go anywhere.
+1Though there's an outside chance the Police might invite you to have a chat with them about the incident, and on the basis of what's said the CPS might decide to charge you with something. The chances of that being Dangerous Driving are vanishingly unlikely though.
The above said, I don't think anything will come of it, but overtaking in the vicinity of junctions - especially a long distance one involving an Artic lorry and another car - is very risky (and stupid - sorry).
I'd put it down as a lesson learned and not overtake past a junction again - especially when there's a van! You can't assume other drivers are going to anticipate your actions.
At worst you'll get a wrap over the knuckles, and that's on the small chance the lorry reported it and the police have any evidence to support the story.
I'd be surprised if most drivers on the forum haven't made a mistake/had a lapse of concentration while driving at some point. But, no doubt you're in for some flak.
At worst you'll get a wrap over the knuckles, and that's on the small chance the lorry reported it and the police have any evidence to support the story.
I'd be surprised if most drivers on the forum haven't made a mistake/had a lapse of concentration while driving at some point. But, no doubt you're in for some flak.
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