Driving without due care charge - why ?

[cortinaman]

sounds like they (the port of liverpool authority,or whatever their name is) know that the family of the biker will be putting in for substantial compensation from them because of the unsafe signs/road markings on their land and as a result they are trying to shift all the responsibility for the accident onto your aunt.....a driving without due care charge would give them that.

were pictures taken of the signs/roadmarkings/layout etc at the time of the r.t.a? does she have pics of the damage to her car and the bike? does she have witnesses?

[cortinaman]

i stick by what i said previous mate,it looks like they want your aunt to 'take the fall' for this.

one thing does strike me as peculiar though,where did the evidence come from for the 'without due care' charge if there were no pics,statements or whatever taken at the time? did the biker regain conciousness and give a statement?...was he able to even remember how the accident happend? are they working this out by cctv footage or by 'word of mouth' or 'assumption'?

most ports have private companies within them,cant you see if you can find someone who might be able to come forward as a witness asto how the accident happened?.

[voyds9]

Am I being thick here
Your Aunt was in stationary traffic
Bike ran into Aunt
Aunt charged with careless driving.

Time for countersuit for stress caused by death and damage to car.

[Peter Ward]

Just a thought: any relevant CCTV footage? Accident time, sign repainting time, etc.

[mojocvh]

Hmm I'm no expert but I think any Maj that gets to see this in chambers will throw it out. Just too many failings on part of Port police for starters (and as has been said you're stationary, bike drives into you, but you get charged)Hmm suspect to say least (unless they are all in the same masonic lodge then your aunt could well be in trouble 'cos thats the only way this will stick)Whats her insurance company got to say??

Mojo.

[Dwight VanDriver]

1. How come the letter (summons??) was from Greater Manchester Police? I thought Bootle Docks approach came under the jurisdiction of Merseyside Police who presumably Docks Police would use for court purposes.

2. Is the letter sent out one to establish a likely plea i.e.pre trial review to establish likely plea and then a trial date later, or a full blown summons? If the latter was it accompanied by disclosure of the evidence?

3. From what has been stated this appears to be a case that should be contested most vigourously and it may be prudent to engage a Solicitor for advocacy. If the letter for Court next Wednesday is the first indication of any action then it should be considered to write back/contact CPS/whoever sent the letter informing them of the intention to fight the case and plead Not Guilty and ask for an adjournment. This is necessary as there is no mention of any legal representation and time will be needed to get this in place and fully briefed.

4. Has Insurance Company been informed? If so do they have a procedure for defending such cases in the provision of a Solicitor. If not check Household Insurance which may have this.

DVD



>> Edited by Dwight VanDriver on Sunday 23 May 10:19

[Jim'schim]

voyds9 said:

Am I being thick here Your Aunt was in stationary traffic Bike ran into Aunt Aunt charged with careless driving. Time for countersuit for stress caused by death and damage to car.

Where did he say his aunt was stationary at the time of impact? He states she was moving.

[Jim'schim]

anonymous said:

[redacted]

I wasn't there, as were none of the posters on here. However my 2p worth. It sounds like she was changing lanes when she hit the bike. Also, YOU stated the bike was speeding? How do you or she know this? Cars often change lanes without looking for a bike or anything, it happened near me a few days ago, and that driver is being charged.

[WildCat]

anonymous said:

[redacted]

Bikers always difficult to see - but even so in lanes of standing traffic and driving rain, surely he should have been riding in anticipation of lane change? That is how I ride when on the bike! He may not have been speeding as such - but may have been riding and weaving through stationary traffic at speed inappropriate to the conditions.

However, if he died of an infection caught in the hospital - then surely they should be investigating how the infection was caught? MRSA (speculating) and hospital could be in deep doo-dah! Was the wound not dressed properly? Mistake in surgery? Infection caught form another patient? General health of victim prior to accident?

Of course, they could argue that but for the accident, he would not have been in hopsital and thus not picked up the infection, but --these are the questions I would be asking if in the predicament!

anonymous said:

[redacted]

If that is the case - there should be work requisition records and job records from firm contracted to do this. Even if there are no photos of faded signs from original date of accident - the work records would prove that signs were painted after the event and to help prevent such tragedies recurring.

anonymous said:

[redacted]

Surely the coroner's and investigating officer's opinions will count in her defence.

Can believe these people will nick everything from her car. Hard to credit - but my wedding ring, engagement ring, decent watch and fairly nice locket were pinched from my injured body at some time in the mop-up proceedings that day. They have never turned up to this day! Anything else in that car was crushed in the impact anyway.


>> Edited by WildCat on Sunday 23 May 11:32