Discussion
Hi all,
My brother collided with a motorcyclist at a roundabout. The motorcyclist was knocked off the bike, fractured his leg and was taken to hospital. My brother was on the roundabout in the middle lane and indicated left to exit (two lane exit) while still in middle lane before colliding with the motorcyclist who was in the left (outer) lane and had cut across him to continue on the roundabout.
Now, the police are performing a collision investigation and have seized my brothers phone and car. My brother wasn't using his phone at the time and breath/swab tests were negative. The roundabout itself is large and fast moving, i.e. all the exits are dual carriageways or motorways, so my brother was doing about ~35mph at the time of the collision.
Interestingly, the motorcyclist was a motorcycle test examiner and at the time was examining a learner on his test. The learner was behind my brother somewhere on the roundabout.
What's everyones thoughts on this? My brother is adamant he didn't do anything wrong and hopefully the camera nearby was on at the time. If my brother is found guilty, would it be classed as an unfortunate incident i.e. lane change misjudgement or something similar?
Many thanks in advance
My brother collided with a motorcyclist at a roundabout. The motorcyclist was knocked off the bike, fractured his leg and was taken to hospital. My brother was on the roundabout in the middle lane and indicated left to exit (two lane exit) while still in middle lane before colliding with the motorcyclist who was in the left (outer) lane and had cut across him to continue on the roundabout.
Now, the police are performing a collision investigation and have seized my brothers phone and car. My brother wasn't using his phone at the time and breath/swab tests were negative. The roundabout itself is large and fast moving, i.e. all the exits are dual carriageways or motorways, so my brother was doing about ~35mph at the time of the collision.
Interestingly, the motorcyclist was a motorcycle test examiner and at the time was examining a learner on his test. The learner was behind my brother somewhere on the roundabout.
What's everyones thoughts on this? My brother is adamant he didn't do anything wrong and hopefully the camera nearby was on at the time. If my brother is found guilty, would it be classed as an unfortunate incident i.e. lane change misjudgement or something similar?
Many thanks in advance
If it's as you report the markings/layout would tend to support your brother's positioning.
However roundabouts are notorious for split liability. One should avoid being alongside others & show extra care when exiting from a lane other than the outer lane. Each case rests on it's individual facts & will depend on the testimony of witnesses etc.
A prior judgement involving a roundabout you can read.
http://www.bailii.org/ew/cases/EWCA/Civ/2003/354.h...
However roundabouts are notorious for split liability. One should avoid being alongside others & show extra care when exiting from a lane other than the outer lane. Each case rests on it's individual facts & will depend on the testimony of witnesses etc.
A prior judgement involving a roundabout you can read.
http://www.bailii.org/ew/cases/EWCA/Civ/2003/354.h...
More information required, i.e. the respective paths of both vehicles throughout.
If they are as I surmise, the green signs seen here may be relevant.
https://goo.gl/maps/nZizJHt41Eq
The situation described by the OP seems very similar to Grace v Tanner (linked to above).
The only difference being that the respective motorcyclist and car driver roles are reversed.
If they are as I surmise, the green signs seen here may be relevant.
https://goo.gl/maps/nZizJHt41Eq
The situation described by the OP seems very similar to Grace v Tanner (linked to above).
The only difference being that the respective motorcyclist and car driver roles are reversed.
shotta287 said:
Has anybody had their car seized like this before? Police saying may be a few weeks until they can return the car and phone back.
That does sound odd and sound like something isn't being told.From the description of the incident I would say the motorcyclist was at fault.
But it would probably go to a 50/50 - Instructor should know better really, unfortunately these types of accident are very common.
Been told by the police the car has been seized as part of the investigation to check the damage and whether car was roadworthy etc.
Naturally, my brother is worried that this will drag on. He's been told he most likely will have to give an account under caution at the police station. Should he hire a solicitor now and take them with him?
Naturally, my brother is worried that this will drag on. He's been told he most likely will have to give an account under caution at the police station. Should he hire a solicitor now and take them with him?
herewego said:
Why would they wonder if it was roadworthy, was there something unusual about it?
Nope, car was insured, valid MOT, 2009 model so I'm assuming they want to check whether there wasn't an issue with the brakes etc. or anything mechanically that could've resulted in the accident. Police have only got involved as they 'thought there was a chance the biker was going to lose his life or limb'. Exige46 said:
Probably completely irrelevant, but seems odd the examiner was in front of the learner?
He was an instructor, not an examiner, and at a roundabout may well position himself amongst his students so he can more clearly see where everyone is while they negotiate it - he'll be in radio contact with them as well. An instructor can take to the road with up to three students at a time so if they're all in front of or behind him then at least one will be much further away than if he's in the group instead of on the edge of itamancalledrob said:
He was an instructor, not an examiner, and at a roundabout may well position himself amongst his students so he can more clearly see where everyone is while they negotiate it - he'll be in radio contact with them as well. An instructor can take to the road with up to three students at a time so if they're all in front of or behind him then at least one will be much further away than if he's in the group instead of on the edge of it
The learner was present at the scene of the accident and told my brother that he was on his test and was on the way back to the test centre.Thank you all for the replies, much appreciated. As my brother is in his first year of driving he's worried his premium at renewal will go through the roof but that's how it is unfortunately. I've told him the best he can hope for is a non-fault accident.
I've been reading into similar cases and most of the time it's been a case of the word of one party against another and a 50/50 settlement. Surely as the police is investigating there will be a more definite conclusion? As for the seized car and phone I'm not sure a solicitor will be able to secure their release any quicker?
I've been reading into similar cases and most of the time it's been a case of the word of one party against another and a 50/50 settlement. Surely as the police is investigating there will be a more definite conclusion? As for the seized car and phone I'm not sure a solicitor will be able to secure their release any quicker?
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff