Solo bike accident - due care & attention charge?
Solo bike accident - due care & attention charge?
Author
Discussion

FunkyNige

Original Poster:

9,704 posts

298 months

Tuesday 20th July 2004
quotequote all
A friend of mine (no, really) has had an accident on his motorbike, no other vehicles involved, just inexperience into a corner from what I can gather. The police want to slap him with a 'Driving without due care and attention' charge, can they do this? It doesn't look like they've got any information about the accident (they were at the scene) and his sister (almost a cop) has said they can't do it.

Do our resident BiBs have any advice for him?

BliarOut

72,863 posts

262 months

Tuesday 20th July 2004
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I have a set of stabilisers I have just taken off the daughters bike if he wants to borrow them

Dwight VanDriver

6,583 posts

267 months

Tuesday 20th July 2004
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Most certainly having proven the road was Ok, no defects to the vehicle, then its "res ipsa loquitor" -in the absence of any explanation by the rider, if the only conclusion it is possible to draw is that the defendant was negligent or had departed from what a reasonable prudent and competent driver would have done in the circumstances then a Court can convict.

DVD

mattd

195 posts

263 months

Tuesday 20th July 2004
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go pour a bit of diesel on the road then take a photo problem solved

kevinday

13,669 posts

303 months

Wednesday 21st July 2004
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Andy, I agree, the last 'collision' I was in involved a youngish girl driving out onto a roundabout without looking (or maybe looking and not seeing me coming round) and colliding with my car. No action taken by the police (I called them as it was obviously her fault and she may have been injured, in shock for sure) I also called an ambulance who took her to hospital.

It was no accident, totally preventable, still no prosecution. Therefore for the police to pursue an incident with no third party injury or damage is IMHO pointless.

KITT

5,345 posts

264 months

Wednesday 21st July 2004
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I've got to add to this to say that having the accident yourself will teach you A LOT more about how to drive in the future than a fine and points on your licence. I should know as when I crashed my Mazda, no other cars were involved, I just lost control on a wet, diesel covered corner. A passing police car stopped and jumped to the conclusion that I had been driving too fast until my mum (who atteneded the scene) pointed out the diesel on the road. I was in shock at the time but it did make me very angry.

zumbruk

7,848 posts

283 months

Wednesday 21st July 2004
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A friend of mine (yes, really!) was prosecuted for "due care" after sliding on a patch of leaves and hitting a tree. Totally unreasonable, IMO.