What would happen to the driver (rta)
What would happen to the driver (rta)
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Discussion

coljoh148

Original Poster:

2,228 posts

207 months

Friday 27th October 2017
quotequote all
What would be the consequences to a driver if he/she run a red light (pelican crossing) colliding with a pedestrian causing injury, broken bones etc.

This did happen to someone I know, i wasn't involved, I just wondered what would be the outcome to the driver. After reading the 10 pence short occurrence just yesterday and then this happening today I wondered what would happen.

No mitigating circumstances except for low laying sun, dazzling the driver causing them not to see the red light or the ped. An accident although if you really can't see I suppose you arguably should pull over.

kambites

71,543 posts

251 months

Friday 27th October 2017
quotequote all
If there are no other factors than described (such as using a mobile phone or speeding) I think most likely is a charge of "careless driving". Probably resulting in a shortish driving ban and a fine, or maybe just points and a fine?

They've been talking about significantly increasing the recommended sentences for this sort of thing but I don't think anything has actually happened about it yet.


ETA: If they can make a "dangerous driving" charge stick, a custodial sentence isn't out of the question but it'd probably be suspended.


Edited by kambites on Friday 27th October 18:20

SantaBarbara

3,244 posts

138 months

Friday 27th October 2017
quotequote all
Police are likely to say "insufficient evidence "

lucido grigio

44,044 posts

193 months

Friday 27th October 2017
quotequote all
SantaBarbara said:
Police are likely to say "insufficient evidence "
The usual bolx from Santa.

When the person knocked down says it was red and driver fesses up that it was red ,that probably is enough evidence.

SantaBarbara

3,244 posts

138 months

Friday 27th October 2017
quotequote all
No witnesses equals insufficient evidence

paintman

7,860 posts

220 months

Friday 27th October 2017
quotequote all
SantaBarbara said:
No witnesses equals insufficient evidence
Which part of the OP's first - and so far only - post says there were no witnesses?

Red Devil

13,520 posts

238 months

Friday 27th October 2017
quotequote all
coljoh148 said:
What would be the consequences to a driver if he/she run a red light (pelican crossing) colliding with a pedestrian causing injury, broken bones etc.

This did happen to someone I know, i wasn't involved, I just wondered what would be the outcome to the driver. After reading the 10 pence short occurrence just yesterday and then this happening today I wondered what would happen.

No mitigating circumstances except for low laying sun, dazzling the driver causing them not to see the red light or the ped. An accident although if you really can't see I suppose you arguably should pull over.
Cyclist rather than a pedestrian but similar circumstances - http://road.cc/content/news/142213-driver-blinded-...

mikecassie

673 posts

189 months

Friday 27th October 2017
quotequote all
If you can't see where you are going, stop. Isn't that what they say? I know it's not the done thing, but if the sun is dazzling you, slow down until you can stop in the distance you can see.
It sounds like the driver is at fault.

coljoh148

Original Poster:

2,228 posts

207 months

Friday 27th October 2017
quotequote all
paintman said:
Which part of the OP's first - and so far only - post says there were no witnesses?
Apparently there was another woman crossing with a buggy which was clipped by the car but thankfully no serious damage.

anonymous-user

84 months

Saturday 28th October 2017
quotequote all
SantaBarbara said:
No witnesses equals insufficient evidence
This is a myth. If a driver has knocked someone down on a crossing while the stop light was on red, that is ample evidence from which careless driving may be inferred. The evidence of the person knocked down does not require corroboration by another witness. In the event, there was another person present. The OP (sorry, his "friend") is facing a stiff sanction as he not only ran someone over but also hit a child's buggy pushed by someone else.

Being blinded by the sun is not a mitigating factor. It is potentially an aggravating factor as the driver failed to slow down or stop when blinded.


Edited by anonymous-user on Saturday 28th October 09:44

V8 Fettler

7,019 posts

162 months

Saturday 28th October 2017
quotequote all
The legal process can be perverse.

http://www.skegnessstandard.co.uk/news/transport/j...

Driver failed to give way at a junction, kill another road user, claimed blinded by low sun, jury found not guilty,

anonymous-user

84 months

Saturday 28th October 2017
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Juries can be perverse. I still would rather keep them than abandon them.

anonymous-user

84 months

Saturday 28th October 2017
quotequote all
It is impossible to say what influenced that jury. Posts on PH about dead bikers suggest that some motorists are prejudiced against two wheeled road users, and assume that the bike is always going too fast etc. Less controversially, the jurors may have been thinking "There but for the Grace of the FSM go I ".

As a middle aged biker who rides for fun and not to commute I think about weather and light conditions before I go out on the bike. I was sun-blinded while riding earlier this year and had to pull over and stop as I could see nothing, dark-tinted visor notwithstanding. I felt super at risk on the bike unsighted, whereas in a car I might have adopted the invulnerability illusion and pressed on.

coljoh148

Original Poster:

2,228 posts

207 months

Saturday 28th October 2017
quotequote all
Breadvan72 said:
The OP (sorry, his "friend") is facing a stiff sanction
My conscience is clear, I'm merely husband of the wife that's friends with the injured party. laugh

Thanks for the input, possibly a careless driving charge and license revoked then it seems.

anonymous-user

84 months

Saturday 28th October 2017
quotequote all
The licenCe would not usually be revoked. The driver might if convicted be banned from driving for a period of time.