Discussion
It would seem that one of the current pastimes enjoyed by the gormless yoof massive is a game of chicken, only with traffic.
If one were to hit said Chav/Chavette (who had just jumped out from behind a parked car, for example) what would be the repercussions from a legal perspective?
cheers
If one were to hit said Chav/Chavette (who had just jumped out from behind a parked car, for example) what would be the repercussions from a legal perspective?
cheers
If a ped jumps out at you at the last minute you will be fine, except it will screw your insurance up for 2-3 years as your insureres will most likely hold it as an open personal injury file, even if the Police clear you of any wrong doing.
Out of interest, are you talking about not braking at all(accelerating
) or if they just don't give you any reaction time at all?
Hypothetically speaking of course!
Out of interest, are you talking about not braking at all(accelerating
) or if they just don't give you any reaction time at all?Hypothetically speaking of course!
ukwill said:
dougc said:
You're a driver. It WILL be your fault. End of.
On what ground could it be your fault if you had no chance of braking (ie. the scrote jumped out at the last second to try to make you swerve to avoid them)I think given the way that drivers are treated generally you would be assumed guilty until you could categorically prove yourself innocent. If you had no witnesses to the incident I doubt the outcome would be good for you. If there were others present who could vouch for you or physical evidence of your avoidance actions (skid marks etc) then you might be OK.
dougc said:
I think given the way that drivers are treated generally you would be assumed guilty until you could categorically prove yourself innocent. If you had no witnesses to the incident I doubt the outcome would be good for you. If there were others present who could vouch for you or physical evidence of your avoidance actions (skid marks etc) then you might be OK.
Unmitigated and utter bollwarks.I had a ped run out on me, it took the BiB (who were excellent, and rather foxy WPCs) about 10 minutes of speaking to the sole independent witness to tell me I was most likely in the clear despite me having cleaned the guy up. They were even taking the piss out of the guy's broken leg!
My (ex) insurers were cvnts however, and I'm still not sure if I will get my 3 years worth of excess back that I had to pay them for losing my NCD...
Bing o said:
dougc said:
I think given the way that drivers are treated generally you would be assumed guilty until you could categorically prove yourself innocent. If you had no witnesses to the incident I doubt the outcome would be good for you. If there were others present who could vouch for you or physical evidence of your avoidance actions (skid marks etc) then you might be OK.
Unmitigated and utter bollwarks.I had a ped run out on me, it took the BiB (who were excellent, and rather foxy WPCs) about 10 minutes of speaking to the sole independent witness to tell me I was most likely in the clear despite me having cleaned the guy up. They were even taking the piss out of the guy's broken leg!
My (ex) insurers were cvnts however, and I'm still not sure if I will get my 3 years worth of excess back that I had to pay them for losing my NCD...
Bing o said:
dougc said:
I think given the way that drivers are treated generally you would be assumed guilty until you could categorically prove yourself innocent. If you had no witnesses to the incident I doubt the outcome would be good for you. If there were others present who could vouch for you or physical evidence of your avoidance actions (skid marks etc) then you might be OK.
Unmitigated and utter bollwarks.I had a ped run out on me, it took the BiB (who were excellent, and rather foxy WPCs) about 10 minutes of speaking to the sole independent witness to tell me I was most likely in the clear despite me having cleaned the guy up. They were even taking the piss out of the guy's broken leg!
My (ex) insurers were cvnts however, and I'm still not sure if I will get my 3 years worth of excess back that I had to pay them for losing my NCD...
I think we sort of agree. You had a witness to your incident and this allowed for everything to be worked out - apart from with the insurer I guess.
Out of interest, did the BiB indicate how things would have gone if there was no independent witness?
Chrisgr31 said:
Presumably because the insurance is slightly different as they could be at the end of a civil lawsuit, the costs of defeinding which will be exorbitant especially when the other side is on legal aid. SO they suspect there is a danger of having to pay up just to save the danger of it going pear shaped.
Ed-zachery!!Luckily the old boy doesn't seem to be an ambulance chaser, so I just have to keep a clean nose until Feb next year (touches wood)
r5gttgaz said:
Lad in my Mrs town did just that and got run over and killed, the girl who hit him was prosecuted.
Prosecuted or found guilty? And if so what of? Do you have the court reprts available?dougc said:
Out of interest, did the BiB indicate how things would have gone if there was no independent witness?
No - wasn't top of my list at the time !! He did even admit it was his fault at the time, with which a double break to his tib and fib I thought was olly decent of him, but he was a lecturer at my old uni....
I'm quite tempted to sue the fecker for emotional trauma , time off work, time spent on the dog to my insureres and lost interest on the 1500 quid my premium went up by over that time...
r5gttgaz said:
Lad in my Mrs town did just that and got run over and killed, the girl who hit him was prosecuted.
Likewise it happened to a friend of mine on a dual carriageway, she wasn't prosecuted, but it has totally screwed her up, the lad was only 11 and had been doing it as a dare.ukwill said:
dougc said:
You're a driver. It WILL be your fault. End of.
On what grounds could it be your fault if you had no chance of braking (ie. the scrote jumped out at the last second to try to make you swerve to avoid them)Edited by ukwill on Wednesday 25th July 16:05
Sell your car, buy a bike, and for God's sake think about the children!
Mrs Fish said:
r5gttgaz said:
Lad in my Mrs town did just that and got run over and killed, the girl who hit him was prosecuted.
Likewise it happened to a friend of mine on a dual carriageway, she wasn't prosecuted, but it has totally screwed her up, the lad was only 11 and had been doing it as a dare.The lad was killed and the lass who hit him was prosecuted.
Bing o said:
r5gttgaz said:
The lad was killed and the lass who hit him was prosecuted.
Being prosecuted and being found guilty are very different things...Mags court run at about 97% convction rate, crown less and not sure what current figures are but was around 70% when I last studied law. By being prosecuted you are branded by society as guilty and highly likely to get convicted.
The courts have already ruled that by driving a car we forfiet some of our human rights relating to criminal law so anyone in the situation the OP suggested has my deepest sympathy
r5gttgaz said:
Mrs Fish said:
r5gttgaz said:
Lad in my Mrs town did just that and got run over and killed, the girl who hit him was prosecuted.
Likewise it happened to a friend of mine on a dual carriageway, she wasn't prosecuted, but it has totally screwed her up, the lad was only 11 and had been doing it as a dare.The lad was killed and the lass who hit him was prosecuted.
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