I would think you were driving with due care and attention, so long as you were moving very slowly - i.e 'proceeding with caution'

If the sun was preventing you seeing properly, what would they suggest you do:

a) Proceed slowly and with caution, preparing to stop if you see any other motorists or pedestrians?

b) Sit in the middle of the road until the sun moves enough for you to be able to see?

I'm pretty sure a) is the usual choice (in this case you didn't see him, but surely some responsibility lies with the scooter rider to slow down and prepare to stop if neccesary when he sees you beginning to move)- like pulling out of a junction if you can't see past parked cars: you don't hang around waiting for the cars to be driven away, you edge forward until you can see, always prepared to stop if necessary...

Thats the way I see it anyway, but it does all depend on the details.

This still hasnt been resolved, i have not accepted liability yet, which the guy wants to do so he can get his pay out, I'm still waiting on my legal advice tilli do anything drastic, especailly looking into how the police investigated it, i want them to show me the hard evdience that shows our speeds, and that his bike was restricted because unfortunately for him i have had over 20 people tell me he speeds alot, that they have seen him take corners and lose control, that a few people have almost hit,and that his moped exhaust had no silencer. Now tell me how is it possible that he was driving he correctly and safely the day of the accidnet?

And i am going to get my solicitor to suppeaner sp? theses extra witness statements that appeared 2 weeks later, funny they didnt pull over at the time isnt it??

On the plus side still no summons from the courts, and my insurance renewal didnt bankrupt me completely.

if your turning across on coming traffic and someone hits you,its your fault full stop whether its sun rain or shine.the same as if you hit someone up the rear,its the rules of the road.

I see your point and I'm not trying to get myself off the hook, but if he was drving illegally, and I'm not driving illegally could have prevented the accidnet then why should i take full blame?? And as of yet I'm still not sure if i pulled in front of him or if he shot off the pavement or was cutting the corner. I dont thnk it was investigated properly and until it is I'm saying no coment, if they bring me hard evidence that he was driving safely and was 100% my fault and he couldnt have done anything on his part to prevent then fair enough, I'm not saying i wasnt to blame what I'm saying is i may not be 100% to blame

surely, not being an expert, couldn't you not get these people who've seen this idiot on the moped driving like a complete prick to come and testify or whatever? The courts may look down on the moped rider as well if he's only on a provisional for not having enough experience? If he's gonna get a payout, surely the insurance company will want to look over his bike to see the damage just like they do to cars and may just spot anything he's done to make the piece of shit go faster.

I'm gonna stick my head right on the block here, become really unpopular (am i bovvered?) and stick with you. Plead not guilty due to underlying circumstances. If it was sunny, you couldn't see properly, crawled forward slowly to double check and he made no effort to make himself seen and may've been riding like a prick, the blame cannot be 100% yours. Anyway, hopefully the insurance company will check his moped and if they find anything not right with it, unless declared, his insurance will be void = no payout!

I work with a ex traffic cop from city of london police so if you wanna know anything, PM me and i'll grab the info for you.

Let the barage begin!

Edited 13 May, 200719 yr by vwmk3jon

I'm sort of on Pink Diamond's side as well, I'm just not sure... Part of me agrees with her, part of me thinks that there must have been something else. Ah well, since when is life ever logical?

You've got yourself another supporter

If he came flying up the road and hit you as you were turning then it was his fault because he was speeding...

However if you start saying "the sun was blinding me" anyone can give that excuse unfortunatley...

Simple thing to do in a situation where you need to see a bit better - stop wind that window down get your head out and have a look!

I would however as mentioned take pictures of the road, state that you indicated clearly and mark the speed limit - then have pictures taken to assess damage and impact speed of the rider...

If this goes to court and you say the above - then make out as if he was speeding and also not paying due care....

Dave

i hate to say but i told you so.. did not think you wood get away with out geting charege with somthing.. i think you shoud just put your hands up and plead guilty coss the potos you put up last time cinda show you are in the rong and if you plead not guilty and get found guilty you will come off eaven wore.

Oh my dear feiend 13k i did wonder if you was going to make an appearance, you should be happy, because i do remeber u expressed your wishes for me to be prosecuted. Dave Yes i know in hindsight i should have done even more to try to see, but it wasnt as i said like i though f**k it and spun it round the corner 1 handed (i still push pull!! lol) and when i gave my statemnt i said i know it sounds like a stupid crappy excuses, but even the copper agreed she could see my point with the sun. I don't think my insurance has checked the bike over, oh and believe me i know people who would stand up for me in court and tell them about his driving, lucky for me i get on well with the customers where i work (and no they wont lie for me, they dont like me that much). If i didnt truly believe I'm not totally to blame i wouldnt not be trying to persue this, for one his wasnt even wearing his helmet properly, and if he was paying attention why not honk his horn? slow down? and or serve onto the nearby grass?? and he said he attemtped to brake, if he did why did i get told that the impact was around 40mph (with my speed of 5!!!) i tell you the police around here are just blah, and btw he may have some serious injuries but funny it doesnt stop him han ging round the streets with his mates still?? The police photo, and the photo i posted were from 1 angle, i am going to bring in photos taken by my boyfriend at the scene from evey angle.

Ironic thing is I'm taking up a career in Law, maybe i could put this down as work experience

Oh also to note jon, his bike shouldnt have been modified decalred or not, becuase he is on a learner licence, he is only allowed to do 30max as a rule, but people have seen him going faster ( but pub gossip doesnt stand up in court without hard evidence, but then again his previous accidents?? hard evidence?? ask you cop friend please)

I'm not an idiot driver, people trust me with thier babaies in my car, my mates get annoyed that we are always late back from lunch coz i refuse to speed, infact I'm awlays late full stop even with a car, I'm earlier on a bloody bus, and I'm the person who gets on peoples tits at roundabouts becuase i dont go till its completely clear when the guy behind me is thinking omg you get a bus through there.

Edited 13 May, 200719 yr by Pink_Diamond

i wouldnt worry to be honest,you know what happened as you were there.let the police do there job and the court do theirs and justice will be done at the end of the day

I'm a worrier, it took 3 weeks to convince me that i wouldnt get arrested just becuase i had scottish plates, then it was if i get a criminal record i would have to drop out uni because they wont let me be a barrister lol. I worry thats my thing. Right now I'm worrying that my house in guna be burgled becaused last nite i was convinced it was (i live downstairs in an extension on the back of the house, i hear every little noise)

As for police doing there job, r u serious, they dont have a clue up here, they tried to bring a curfew to my estate, last nite a gang of underage kids robbing the local shop, they have better things to do like sit on my street for 2 weeks solid on a stakeout, however its with a car with the word police spashed all over it..seriously they aint moved since like 2 weeks tomorrow

Edited 13 May, 200719 yr by Pink_Diamond

if i get a criminal record i would have to drop out uni because they wont let me be a barrister lol.

That's not strictly true - I work in legal education - they will just need to look into the criminal record when deciding whether it calls into question your suitability to enter the legal profession. That's what the Law Society do with students applying for student membership, anyway. So try not to worry about it.

Oh phews thats good to know 6Newan. Wouldnt want my whole ambition to be crashed, literally.

End of the day if you really were doing 5/10 mph then his speed at the junction will have been 20-30mph, which is in no way a safe speed to approach a junction. I've not seen pics if there are any (dont work on my work PC) so i may be wrong, but surely that in itself makes it the moped riders fault for flying straight through?

Oh my dear feiend 13k i did wonder if you was going to make an appearance, you should be happy, because i do remeber u expressed your wishes for me to be prosecuted. Dave Yes i know in hindsight i should have done even more to try to see, but it wasnt as i said like i though f**k it and spun it round the corner 1 handed (i still push pull!! lol) and when i gave my statemnt i said i know it sounds like a stupid crappy excuses, but even the copper agreed she could see my point with the sun. I don't think my insurance has checked the bike over, oh and believe me i know people who would stand up for me in court and tell them about his driving, lucky for me i get on well with the customers where i work (and no they wont lie for me, they dont like me that much). If i didnt truly believe I'm not totally to blame i wouldnt not be trying to persue this, for one his wasnt even wearing his helmet properly, and if he was paying attention why not honk his horn? slow down? and or serve onto the nearby grass?? and he said he attemtped to brake, if he did why did i get told that the impact was around 40mph (with my speed of 5!!!) i tell you the police around here are just blah, and btw he may have some serious injuries but funny it doesnt stop him han ging round the streets with his mates still?? The police photo, and the photo i posted were from 1 angle, i am going to bring in photos taken by my boyfriend at the scene from evey angle.

Ironic thing is I'm taking up a career in Law, maybe i could put this down as work experience

Oh also to note jon, his bike shouldnt have been modified decalred or not, becuase he is on a learner licence, he is only allowed to do 30max as a rule, but people have seen him going faster ( but pub gossip doesnt stand up in court without hard evidence, but then again his previous accidents?? hard evidence?? ask you cop friend please)

I'm not an idiot driver, people trust me with thier babaies in my car, my mates get annoyed that we are always late back from lunch coz i refuse to speed, infact I'm awlays late full stop even with a car, I'm earlier on a bloody bus, and I'm the person who gets on peoples tits at roundabouts becuase i dont go till its completely clear when the guy behind me is thinking omg you get a bus through there.

Lets clear some things up here...

As long as you run a 50cc moped when you are 16 with the legal "L" plates - it does not have to be "restricted"

Second - you are not "restricted" to 30mph and under - you ride as fast as the bike will go when the speed limit allows and within the speed limit if the bike will go faster than the limit!

Some 50cc bikes (mainly peugeot ones) go 40+ and are very quick bikes...

Unfortunately due to the circumstances - you were in the wrong - provided he can prove his speed...which he can't...

I would say admit nothing and see what happens in your situation - worst case is they say it was your fault and you were driving without due care - however stating the simple facts mentioned above - like impact damage and brake marks on the road and the loaction - the rider should have been in a position where by if a chiled had run out (like you manoevred your car) he should be able to stop for the child....

So - stop thinkin - oh fuck I'm in the shit - clearly your not - just dont admit fault!

Edited 14 May, 200719 yr by DaveG40

there werent any brake marks on his part, well none on mine either but i wasnt going fast enough to need to brake that harshly. i was told that his bike had to be restircted but i guess if it didnt it didnt. His bike was a y something or other yahamma or summat lol. i know what the worse case is and i have accpeted that, but I'm not willing to accept it literally just yet, bit annoyed still not heard from my solictior

there werent any brake marks on his part, well none on mine either but i wasnt going fast enough to need to brake that harshly. i was told that his bike had to be restircted but i guess if it didnt it didnt. His bike was a y something or other yahamma or summat lol. i know what the worse case is and i have accpeted that, but I'm not willing to accept it literally just yet, bit annoyed still not heard from my solictior

You say the police were there?

Did they not take any notes which you can request a copy of for your solicitor?

I would simply not admit anything and check the driver of the moped over with a fine tooth comb...

Tax, Insurance and MOT for his bike would be a good start - coppers notes should confirm this is all present and correct.

IF you exchanged insurance details - call yours and state you were involved in a collision (legal requirement) and also state fault has not yet been established as it may go to court...

I would then take the pictures mentioned and get pics of the impact damage to your car - take notes of street names etc also...

When this goes to court claim youre judgement was comprimised by the sun however as sure as you were that there were no oncoming vehicles you signalled and manouvered correctly and slowly to allow for the conditions...

Then state the rider was not riding at an adequate speed for the surrounding area nor did he have an adequate stopping time to avoid this incedent.

Solicitors normally dont help much until the day of the case - however i'd get a 15/30minute slot booked to review some case details beforehand so you dont get screwed over in court...

Dave

If your not guilty then plead not guilty, it may have been your fault but they cant stick that on you. I had an accident but a car pulled out infront of my car but no charges were pressed or anything, it was the other guys fault and that was it, i dont understand why your situation is any different.

Multiple serious injuries are involved thats why its different. However i can also argue that the injuries wouldnt have been so serious if he hadnt have broken those same bones before, becuase clearly they were weakened from previous accidents, hence why why he has a bad break this time i presume.

Multiple serious injuries are involved thats why its different. However i can also argue that the injuries wouldnt have been so serious if he hadnt have broken those same bones before, becuase clearly they were weakened from previous accidents, hence why why he has a bad break this time i presume.

Stop thinking because he is a known bad/wreckless driver you will automatically be let off...

This isn't the way things work,

Have you even read my comments and taken into consideration any advice?

That arguement won't hold....after a break bones they tend to mend stronger than they were previously!

As Dave says even though you have people willing to substantiate that he is a wreckless driver, the court are likely to see this as purely hearsay....which has no standing in court!

Edited 14 May, 200719 yr by g40nutta

Dave i have taken in what u said, nowhere in that post did i say I'm going to be let off because of that. No what i meant was i ws told that bones r weaker after they have been broken before, so all i was saying is that perhaps if his bones werent broken before they wouldnt have been so bad this time. Nothing to do with court or blame. I know hearsay wont stand up in court which is why i am doing everything possible to get hard evidence. i dont want to be let off as such, but i dont want to get found guilty of something i dont believe i did. I'm not implying i have no blame in this, becuase i know i do, but I'm just trying to make sure i have a strong case in court. Hence why i haven't said a word to my insurance yet till i have spoken to a solicitor. All i was saying was its not my fault his bones got so badly broken, i mean come on i know polos are tough (well was) but they dont do that kinda damage, it was crash impact, bascially the speed in which he hit my car (still unknown) that did what it did. and he hit the ground too.

Argghh i cant exmplain myself properly on these things, i get mixed up. I mean one thing but it comes out as another.

Its not going court over blame, thats between mine nad his insurance but I'm still get legal advice over witness statements, its the police taking me to court for due care and attention.

This is getting stupid.

It could go either way, this isn't one of those offences you can attempt to 'blag'

Talking about it on the forum isn't going to get you anywhere mate, its for the courts to decide and there decision is final. Whether you agree with it or not.

I'm in a sticking head out mood again but it sounds exactly like what it is - an accident. Neither person is 100% to blame as you both could've done something to prevent it. You by opening the window as suggested, reducing any sun glare and re-checking the road and the moped rider by riding according to the conditions. If he hit your car with such force to cause serious injuries, then i guess he wasn't.

I drive like miss daisy in sunny conditions as round here, we have bloody tractors and mud on road to contend with as well, along with stupidly narrow country roads!

What are his injuries? Did he get his chav cap dirty? Don't sound like they can be too serious if he's sitting on a street corner with his mates. I thought the police would only do you for due care if he was in hospital with serious injuries? Could be very wrong though. I had an accident a couple of years ago where i collided with the rear of the vehicle infront who began to overtake 3 parked farm vehicles on the side of the road and then decided it would be more fun to rubber neck to see what was happening, braking from 60 to 0 quicker than i could. He was in a vectra so his brakes were far superior. I got a court summons for due care & attention iirc but i just sent it to my insurance company and thats the last i heard! Will find out as much as i can for you tomorrow. I'll print the 1st page out and pass it to my mate to see what he suggests. I hate mopeds with a vengence so i'll see what i can find out.

Edited 14 May, 200719 yr by vwmk3jon

jon, um quite ashamed of this.... his injuries were a shattered thigh bone and he needs an operation on his knee (ligments or something), and he now has to stay in a wheelchair for some months.....but he still goes out in that. He spent 2 weeks in hospital

Edited 14 May, 200719 yr by Pink_Diamond