1 accident, can both drivers be careless?

1 accident, can both drivers be careless?

Author
Discussion

trev r

Original Poster:

95 posts

261 months

Friday 20th December 2002
quotequote all
If 1 car drives into the back of another and one of the drivers is found guilty of careless driving, can the other one also be found guilty of the same offence?

The reason I ask is, as I was driving down the high street looking for a parking space this guy drove into the back of me. He has since pleaded guilty to careless driving. Now the witness (ex policeman that knew the other driver and claims to have seen the crash) is saying I braked too sharply when I was looking for a parking place and that was careless driving. Is there some quota for careless driving convictions in Essex?

Merry Christmas

trev r

Original Poster:

95 posts

261 months

Tuesday 31st December 2002
quotequote all
Thanks for the advice so far. I would just like to clarify that the guy who drove into the back of me has been found guilty of careless driving. I assumed this meant that the court decided his "below reasonable standard" driving caused the accident. This is why I do not get it that I can still be found to be careless for the same accident.

I didn't think driving was like football where the ref can yellow card 2 players for the same foul.

Happy New Year

trev r

Original Poster:

95 posts

261 months

Thursday 2nd January 2003
quotequote all
Thanks for explaining it as clearly as possible. I expect the magistrates will assume I didn't check the mirror before I braked, but how can I prove I did when its just my word against an ex-policeman and the following driver ? I wish I had a passenger or had thought "Find a witness" as soon as it happened, but I mistakenly believed it was obviously not my fault. It was just incredibly bad luck for me that the ex-policeman witness saw the crash and knows the other driver but I don't want sympathy just good advice, for which, once again, I am very grateful.

trev r

Original Poster:

95 posts

261 months

Thursday 2nd January 2003
quotequote all
Maybe I should spend more time planning my defence and less time moaning about it, but I assume that I will be "proven" guilty because I am not an ex-policeman and have no witness to back me up! There are duplicated factual errors with regard to the model and registration of my car in the statements against me, is there any point in attempting to use these to question the validity of the accusations?







trev r

Original Poster:

95 posts

261 months

Monday 17th February 2003
quotequote all
Went to the solicitors today for advice and legal aid application, he saw the file but was unable to advise me becase he had already advised the guy who drove into the back of me! Small world. I am now being represented by the firm next door if I get legal aid on a point of law.