Advice about an accident please

[Walterwhite666]

Hi my mate was in a accident yesterday, It was a collision with a speeding motorbike, the accident was not his fault but the police are saying he may have been driving with out due care and attention. And Hes going to have to give a formal interview under caution, Hes fine with no injuries and car has minor damage, the rider had a few broken bones but will make a full recovery. It was a plain accident (I was passenger and was unavoidable) I think the rider has suffered for his mistake and no prosecutions should come of it for either party.

The problem He has is its been a bit of a mad year for him, and was diagnosed with type 1 diabetes 7 months ago and never got round to declaring to the dvla.

What's likley to happen when he tells the police he has diabetes, he was not in any bad state as a result of having it, like dizzy or passed out or confused etc and his blood sugar level was ok to drive, the accident is not related to him having the condition is what I'm trying to say.

It's a shame because he's a really nice lad who's been through an awefull lot this year and is well and truely stressed out with it all. So any help or advice i could pass on would be apreciated.

[Walterwhite666]

Just though I'd add I did try and post it in the law section but was unable to, so I apologise to the mods if that's a problem.

[haggishunter]

The only advice I can give is to get a lawyer and quickly

al

[BonzoG]

Genuine curiosity - would police routinely ask such a question during an interview? Or are the circumstances of the accident such that a lack of due care and attention might not be in doubt - but what is unclear is why - leading to them asking about medical conditions, distractions in the car and suchlike?

Was it a "SMIDSY"?

[14-7]

Simple question - how do you know the bike was speeding?

[14-7]

Simple question - how do you know the bike was speeding?

[Monkeylegend]

Walterwhite666 said:

Hi my mate was in a accident yesterday, It was a collision with a speeding motorbike, the accident was not his fault but the police are saying he may have been driving with out due care and attention. And Hes going to have to give a formal interview under caution, Hes fine with no injuries and car has minor damage, the rider had a few broken bones but will make a full recovery. It was a plain accident (I was passenger and was unavoidable) I think the rider has suffered for his mistake and no prosecutions should come of it for either party.

The problem He has is its been a bit of a mad year for him, and was diagnosed with type 1 diabetes 7 months ago and never got round to declaring to the dvla.

What's likley to happen when he tells the police he has diabetes, he was not in any bad state as a result of having it, like dizzy or passed out or confused etc and his blood sugar level was ok to drive, the accident is not related to him having the condition is what I'm trying to say.

It's a shame because he's a really nice lad who's been through an awefull lot this year and is well and truely stressed out with it all. So any help or advice i could pass on would be apreciated.

So should he have been driving due to his condition or not?

[BonzoG]

Because it's a bike, thus must automatically have been speeding.

http://www.sciencedaily.com/releases/2013/09/13090...

[Walterwhite666]

Police said the bike was going to fast but my mates fault as he pulled out the bike undertook a hgv on the approach to crossroads my freind turned right of a major road into a side road he could not avoid the collision.

I'm not sure what you mean by "?"

[hornetrider]

Walterwhite666 said:

Police said the bike was going to fast but my mates fault as he pulled out the bike undertook a hgv on the approach to crossroads my freind turned right of a major road into a side road he could not avoid the collision.

I'm not sure what you mean by "?"

Was the major road you were turning right from a dual carriageway? Sounds like a nasty one if so.

[iphonedyou]

BonzoG said:

Because it's a bike, thus must automatically have been speeding.

http://www.sciencedaily.com/releases/2013/09/13090...

Or maybe it was speeding.

[BonzoG]

iphonedyou said:

Or maybe it was speeding.

It's always a possibility! Was the HGV signalling at all?

If the bike's hit the passenger side you must be pretty shaken up.

[Monkeylegend]

So did he turn right across the path of the HGV and the bike that was undertaking?

[Walterwhite666]

No single carrage way.

"SMIDSY" not sure what that means?

I ride a bike myself I'd never filter or undertake a vehicle turning right while approaching a junction to me I would have wondered why was infront of the hgv and why it was at a stop in the road. It's just not safe espessialy at speed (estimated over 30 in a 30)

My freind was fit to drive he was fine, he's just been stupid and not informed the dvla he's now taking insulin. He would have been given a 3 year licence and ha it reviewed every three years etc. he's doing really well as it hit him hard plus all the other problems he's had this year (feel really sorry for him)

[wildone63]

Walterwhite666 said:

The problem He has is its been a bit of a mad year for him, and was diagnosed with type 1 diabetes 7 months ago and never got round to declaring to the dvla.

Maybe he did fulfill his legal obligation and declare it to the dvla but never got a reply?;)
I know someone who that happened to

[BonzoG]

If that's the case then it sounds like everyone's had enough punishment from the crash itself. That said, passing on the left of a vehicle turning right is one of the few scenarios where the highway code allows for undertaking - so it shouldn't have been entirely unexpected. The speed of the bike might only have been a factor in how severe the crash was, not whether or not it happened.


Apologies for the bike/speed wise crack - it's something you hear a lot without justification when someone just hasn't looked hard enough...

[hornetrider]

Walterwhite666 said:

No single carrage way.

"SMIDSY" not sure what that means?

I ride a bike myself I'd never filter or undertake a vehicle turning right while approaching a junction to me I would have wondered why was infront of the hgv and why it was at a stop in the road. It's just not safe espessialy at speed (estimated over 30 in a 30)

My freind was fit to drive he was fine, he's just been stupid and not informed the dvla he's now taking insulin. He would have been given a 3 year licence and ha it reviewed every three years etc. he's doing really well as it hit him hard plus all the other problems he's had this year (feel really sorry for him)

Ah. So, HGV stationary waiting to turn right. Presumably your friend stationary also turning right. Your friend goes, and hits a bike coming to the left of the HGV?

Got a google map link?

[Walterwhite666]

Also I understand you guys above saying "it's allways the bike that's speeding" as we do get stereotyped for it, it also annoys me but what I was witness to the biker committed to a dangerous act something I'd have never done anyway, when the bike hit we were creeping out past the front of the hgv and saw him stopped dead, collision was unavoidable, to me he did take care because he was observing anything (cycalists) on inside of the hgv, the bike came down that fast ass he could do was break to a stop the bike had no way to stop because of the speed he was going, the bike was in pieces on impact and rider threw off, the bike seat was actually 30 meters away from the crash point.

But the point is I think the police will ask him does he have any medical issues or take any medicine at the time and he's an honest guy, he was in a fit state to drive and his disability had no effect on what happened on the day, bu the police are saying he turned into oncoming traffic.

[Monkeylegend]

If that's the case I would say he does need to get a good solicitor.

[hornetrider]

Walterwhite666 said:

Also I understand you guys above saying "it's allways the bike that's speeding" as we do get stereotyped for it, it also annoys me but what I was witness to the biker committed to a dangerous act something I'd have never done anyway, when the bike hit we were creeping out past the front of the hgv and saw him stopped dead, collision was unavoidable, to me he did take care because he was observing anything (cycalists) on inside of the hgv, the bike came down that fast ass he could do was break to a stop the bike had no way to stop because of the speed he was going, the bike was in pieces on impact and rider threw off, the bike seat was actually 30 meters away from the crash point.

But the point is I think the police will ask him does he have any medical issues or take any medicine at the time and he's an honest guy, he was in a fit state to drive and his disability had no effect on what happened on the day, bu the police are saying he turned into oncoming traffic.

Regardless of the medical situation, regrettably your friend was turning right across the opposite carriageway and failed to check the way was clear. I think he'll be found fully at fault for this one.