I think it might be better to talk to a solicitor here, especially if your insurance includes legal cover, rather than asking for opinions from an internet site.
It was a company car that my husband was driving so insurance is done by them. We dont have hundreds for a solicitor. I know its serious of course, but from what I've said do you think he will need one? What is he looking at here? Does it sound like the police are playing nice but with the intention of ambushing him as such in interview?
Edited by Nervous! on 06/08/2019 at 18:14
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Any independent witnesses?
For example, in the car which your husband was overtaking.
It seems to me that the car which turned right is partially to blame - clearly he didn't check his mirrors before making the turn.
Equally, the car turning right must have slowed and presumably indicated, so your husband should have been able to observe and anticipate.
As someone else said, we are not legal experts, but in my opinion it's more likely your husband will be charged with the lesser "without due care and attention"
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Any independent witnesses?
For example, in the car which your husband was overtaking.
It seems to me that the car which turned right is partially to blame - clearly he didn't check his mirrors before making the turn.
Equally, the car turning right must have slowed and presumably indicated, so your husband should have been able to observe and anticipate.
As someone else said, we are not legal experts, but in my opinion it's more likely your husband will be charged with the lesser "without due care and attention"
My husband cant recall if the people travelling in the car he overtook stopped and he didn't speak to anyone else at the scene. So he has no idea what was said etc.
He said he believes they were indicating but he couldn't see this until it was too late.
So if your thinking without due care, you think hes definitely being investigated with the outlook to be charged then. Do you think he will be charged for the injuries too? I.e serious injury by undue care and attention?
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Are their people in following vehicles who might have seen what happened?
If he just misjudged a single overtake of a slow moving car then its's due care/careless at worst.
If, OTOH, he 'loop stitched' down a whole line of vehicles repeatedly on wrong side at excessive speed dangerous is a real possibility.
Legal advice, the sort you have to pay for, might be necessary.
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Are their people in following vehicles who might have seen what happened?
If he just misjudged a single overtake of a slow moving car then its's due care/careless at worst.
If, OTOH, he 'loop stitched' down a whole line of vehicles repeatedly on wrong side at excessive speed dangerous is a real possibility.
Legal advice, the sort you have to pay for, might be necessary.
Thanks for the message. No he didn't 'loop stitch'. He has admitted to speeding but not excessive. It was the injury part that mainly concerns me from what I have seen. Either offence is of course serious but add in a 'serious injury' and the sentence for either offence seems to sky rocket. I thought serious injury is like, broken bones, disfigurement, disability etc but the officer said he is counting it as a serious injury as it's to the face. So I guess it could scar. Truth be told if she didn't have a tv screen in front of her worst she would have had was whiplash.
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Surely if the girl head butted the DVD on the rear of the head rest she was not correctly restrained. Obviously this does not absolve your husband from the charges made but the girl has without doubt contributed to her injuries.
Needs raising by your solicitor?
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Surely if the girl head butted the DVD on the rear of the head rest she was not correctly restrained. Obviously this does not absolve your husband from the charges made but the girl has without doubt contributed to her injuries.
Needs raising by your solicitor?
I mean that's what I thought but dont know how much that will help.
So am I assuming we all think the police are looking to persue this? We havent actually been told they are or that he has done anything wrong. But why would they ask him to attend an interview at the station and if he wants a solicitor?
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From the information above there are two areas that need addressing.
1. The personal injury claim by the 3rd party. This your husband's company's Insurance policy will use their own Solicitors to mitigate and agree damages against your husband. Official line is the Insurance company will indemnify for the loss incurred by the 3rd parties. You should be open and honest with the Insurance company. They are going to pay out on both cars damage and 3rd party injury so will be looking to control their costs as much as possible. They will have in house or contracted legal experts to do this.
2. Likely reporting for Careless driving. From the information above it if the Police do take action then it might be worth opting for a Driver Improvement course. This means avoiding Penalty points and paying to attend a classroom session. These are based on improving driving techniques. From your original post I can see areas that need addressing.
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From the information above there are two areas that need addressing.
1. The personal injury claim by the 3rd party. This your husband's company's Insurance policy will use their own Solicitors to mitigate and agree damages against your husband. Official line is the Insurance company will indemnify for the loss incurred by the 3rd parties. You should be open and honest with the Insurance company. They are going to pay out on both cars damage and 3rd party injury so will be looking to control their costs as much as possible. They will have in house or contracted legal experts to do this.
2. Likely reporting for Careless driving. From the information above it if the Police do take action then it might be worth opting for a Driver Improvement course. This means avoiding Penalty points and paying to attend a classroom session. These are based on improving driving techniques. From your original post I can see areas that need addressing.
Thank you for your detailed reply. I hope this will be the outcome and I do think it will be good for him. I hope the injuries sustained are dealt with through insurance alone and not bought on charges in court.
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What were the road markings on the approach to the junction?
Could you tell us where this actually happened so that we can see the road layout?
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Its the A30 heading towards Stockbridge. It's the turning by a French restaurant, approximately half way down the road.
Edited by Nervous! on 07/08/2019 at 10:02
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On Google Maps you can see that there is a sign warning of the crossroads, and also the white line in the centre of the road changes from short white lines to longer ones indicating a hazard ahead. There are also "SLOW" markings on the road surface, though you might not see them if you were overtaking.
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On Google Maps you can see that there is a sign warning of the crossroads, and also the white line in the centre of the road changes from short white lines to longer ones indicating a hazard ahead. There are also "SLOW" markings on the road surface, though you might not see them if you were overtaking.
Yeah I know, and hes totally awars hes made a stupid mistake. I guess we just want to know how serious this could be and what the police will be looking to do/ charge him for?
I know that both charges carry possible custodial sentences. Is this likely?
I'm freaking out and the husband has gone into mute depressive mode.
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I know that both charges carry possible custodial sentences. Is this likely?
On the account you've given here it's careless at worst. As there's an injury the police are bound to investigate. No reason to suppose, unless there's other evidence, that they're aiming for a charge of Dangerous. They simply need to establish the facts and result may be no more than words of advice/file closed. Our prisons are far to full for a judge to think it worth sentencing someone to 'time' for what was a mistake/lack of observation.
If it's affecting you and your husband in way you say then I'd strongly recommend speaking to a solicitor who specialises in traffic cases. It might cost you a couple of hundred quid but I think he/she might be able to put your mind at rest as to possible penalty.
As others have said it's a bit of a mystery how a properly restrained passenger can head butt a video screen. Unbelted? Part way out and leaning forward? Not relevant now while you're looking at Driving offences but might be an issue when it comes to damages. How old was the injured party?
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I know that both charges carry possible custodial sentences. Is this likely?
On the account you've given here it's careless at worst. As there's an injury the police are bound to investigate. No reason to suppose, unless there's other evidence, that they're aiming for a charge of Dangerous. They simply need to establish the facts and result may be no more than words of advice/file closed. Our prisons are far to full for a judge to think it worth sentencing someone to 'time' for what was a mistake/lack of observation.
If it's affecting you and your husband in way you say then I'd strongly recommend speaking to a solicitor who specialises in traffic cases. It might cost you a couple of hundred quid but I think he/she might be able to put your mind at rest as to possible penalty.
As others have said it's a bit of a mystery how a properly restrained passenger can head butt a video screen. Unbelted? Part way out and leaning forward? Not relevant now while you're looking at Driving offences but might be an issue when it comes to damages. How old was the injured party?
Well that's put my mind to rest a bit. Glad no one seems to think dangerous driving charges.
The girl badly injured was 18. The other 2 girls with minor injuries were around 15 and 16 and mum who was around 50.
My husband isn't 100% sure she head butted the screen but said considering no one else was injured and where her injury was it seemed the most logical conclusion.
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If your husband is nervous about being intimidated into incriminating himself at an interview, my advice would be to write down a full statement giving a full and honest account of the incident. I would not put a figure on the speed, especially if he is not sure, there is no means of verifying the exact speed he was travelling. If he pays for a consultation with a solicitor who specialises in motoring matters and writes his statement then, he should be fine. Then he does not have to say anything at a police interview, just hand over the statement. Maybe confirm his name etc but that is all. No comment, just the written statement. At least in court he will be sure of what he has admitted to and what what said. The injuries may be a factor in determining the offence, but injuries are unfortunately usually played up for effect to increase the chances of a settlement. Insurance companies are aware of this and so are the courts, but if injuries were caused it is a factor in the case. Be honest, stand up and apologise for the error of judgement and you have to take the consequences. Good luck.
Concrete
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I can't offer any helpful comments on what (if any) charges the police may be considering, but I do know the road & the junction (and the restaurant) very well.
Although the A30 has unrestricted speed limit along this section it is quite a narrow road, the road surface is broken up in places and there are multiple unmarked junctions where farm tracks have access.
I am always concerned at the speed many vehicles travel along this stretch, and if the car which turned right was in front of another slow vehicle it was presumably also travelling slowly in preparation to making the turn.
I take the view that the speed limits on motorways are probably too low so am not advocating a blanket reduction, but drivers need to recognise that, particularly on rural roads, a limit of 60 mph is not an indication that it is necessarily a safe speed, and experienced drivers (experience often being acquired from making our own mistakes!) will drive below the limit rather than at or over it. In the past I have seen police speed camera vans on the A30 near this junction so I guess they have concerns re speeding.
I'm sure we are all relieved to hear that the accident didn't result in any more serious injuries.
Edited by Theophilus on 07/08/2019 at 19:52
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I can't offer any helpful comments on what (if any) charges the police may be considering, but I do know the road & the junction (and the restaurant) very well.
Although the A30 has unrestricted speed limit along this section it is quite a narrow road, the road surface is broken up in places and there are multiple unmarked junctions where farm tracks have access.
I am always concerned at the speed many vehicles travel along this stretch, and if the car which turned right was in front of another slow vehicle it was presumably also travelling slowly in preparation to making the turn.
I take the view that the speed limits on motorways are probably too low so am not advocating a blanket reduction, but drivers need to recognise that, particularly on rural roads, a limit of 60 mph is not an indication that it is necessarily a safe speed, and experienced drivers (experience often being acquired from making our own mistakes!) will drive below the limit rather than at or over it. In the past I have seen police speed camera vans on the A30 near this junction so I guess they have concerns re speeding.
I'm sure we are all relieved to hear that the accident didn't result in any more serious injuries.
Thank you, I think we will just have to wait this one out. My husband is more than aware of the silly mistake he made. But there are question Mark's over the other driver too in our opinion. They obviously didn't use their mirrors or checked blind spot before the turn.
But the main thing is everyone is alright and lessons have been learnt.
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But there are question Mark's over the other driver too in our opinion. They obviously didn't use their mirrors or checked blind spot before the turn.
I'm very conscious that "there but for the grace of God go I" ... I'm sure there have been many occasions when I've only escaped a serious accident by the skin of my teeth.
However re-reading your first post you stated that "a car in front of the one in front of him turned right" - so not the car immediately in front of your husband, but the car two vehicles ahead - the driver may well have checked his / her mirror, but quite possibly would have had their rear view obstructed by the vehicle immediately behind. This underlines how careful we all need to be when driving at speed on rural roads and adjust our speed accordingly.
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But there are question Mark's over the other driver too in our opinion. They obviously didn't use their mirrors or checked blind spot before the turn.
I'm very conscious that "there but for the grace of God go I" ... I'm sure there have been many occasions when I've only escaped a serious accident by the skin of my teeth.
However re-reading your first post you stated that "a car in front of the one in front of him turned right" - so not the car immediately in front of your husband, but the car two vehicles ahead - the driver may well have checked his / her mirror, but quite possibly would have had their rear view obstructed by the vehicle immediately behind. This underlines how careful we all need to be when driving at speed on rural roads and adjust our speed accordingly.
And not overtake more than one car at a time
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I'll post my thoughts on this briefly, I reckon your husband needs to take legal representation with him to his interview so that he doesn't admit to more than necessary. They will be looking to prosecute without a doubt.
He's made an error, he will have to accept the consequences so the sooner you face up to it the better. I wouldn't get tied in knots regarding the injury claims from the other parties and how they may or may not have got those injuries, just lete heinsurancee deal with that.
Edited by Simon on 09/08/2019 at 22:37
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I'll post my thoughts on this briefly, I reckon your husband needs to take legal representation with him to his interview so that he doesn't admit to more than necessary. They will be looking to prosecute without a doubt.
He's made an error, he will have to accept the consequences so the sooner you face up to it the better. I wouldn't get tied in knots regarding the injury claims from the other parties and how they may or may not have got those injuries, just lete heinsurancee deal with that.
Thanks for the message. My concern with the injuries was more would the police include them in the charges, for instance serious injury by careless driving rather than a charge of driving with undue care and attention as of course the penalties differ greatly.
My husband has now informed he police he would like the duty solicitor. He is still awaiting any new information or a date for interview. You think the interview is intended as a formal thing then? As the officer made out it was more of a friendly, I'll just write down what happened and that's it kind of thing, but I suspect they will be pushing for more.
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"You think the interview is intended as a formal thing then? As the officer made out it was more of a friendly, I'll just write down what happened and that's it kind of thing..."
Don't underestimate this. However it's dressed up, what the police write down and the interviewee signs is evidence and carries full legal weight. So in that sense, yes, it's "formal" and not just a friendly chat.
He should make sure he checks everything very carefully before signing.
"My concern with the injuries was more would the police include them in the charges, for instance serious injury by careless driving rather than a charge of driving with undue care and attention as of course the penalties differ greatly."
They may, but the matter is out of your (and your husband's) hands; you will have to wait and see. Not knowing what your husband faces in terms of legal action and trying to guess what penalties he faces does of course add to the stress, but there's little to be done about that.
P.S. I've been following this thread with interest, but haven't anything to add to what's already been said. It seems to me your husband made an error, which, while relatively small in itself, had much larger consequences. And of course he was not solely to blame for those consequences. I have to say that nowadays I virtually never overtake on single carriageways; the vehicle in front of me would have to be travelling really slowly for me to feel it was worthwhile.
Edited by FP on 10/08/2019 at 13:56
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I have to say that nowadays I virtually never overtake on single carriageways; the vehicle in front of me would have to be travelling really slowly for me to feel it was worthwhile.
And that is what causes many issues on todays roads. If only road users could drive safely and overtake when there is adequate space we would all be better off. I find nothing more frustrating than being in a long line of traffic that is travelling at say 40 or 50 mph in a 60 zone and not a singe driver is prepared to overtake even when there is adequate time and space.
Then when you attempt a safe overtake the idiot in front is almost certain to close any gap to prevent you safely returning to the left carriageway.
On the A9 in Scotland there are clear signs stating "Allow Overtaking"
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And that is what causes many issues on todays roads. If only road users could drive safely and overtake when there is adequate space we would all be better off. I find nothing more frustrating than being in a long line of traffic that is travelling at say 40 or 50 mph in a 60 zone and not a singe driver is prepared to overtake even when there is adequate time and space.
Then when you attempt a safe overtake the idiot in front is almost certain to close any gap to prevent you safely returning to the left carriageway
And I expect they are still alive today! You may be better off but the rest of us? You need bags of experience and judgement to overtake on todays roads. It helps a lot if you know the road and the dips and bends in many. Drivers faced with a new road are well advised to be cautious and I find that you end up at your destination not much slower than those in a perceived hurry!
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"And that is what causes many issues on todays roads. If only road users could drive safely and overtake when there is adequate space we would all be better off. I find nothing more frustrating than being in a long line of traffic that is travelling at say 40 or 50 mph in a 60 zone and not a singe driver is prepared to overtake even when there is adequate time and space."
I hope I'm never in front of you, if you are so easily frustrated. While it's probably a good idea to aim to travel at or near the speed limit, everyone has to make their own judgement about what is a safe - or even worthwhile - manouvre.
And I'm certainly not advocating making life difficult for anyone who wishes to overtake. Anyone who is getting frustrated by having to drive at 50 mph in a 60 zone is less of a problem in front of me than behind me.
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"And that is what causes many issues on todays roads. If only road users could drive safely and overtake when there is adequate space we would all be better off. I find nothing more frustrating than being in a long line of traffic that is travelling at say 40 or 50 mph in a 60 zone and not a singe driver is prepared to overtake even when there is adequate time and space."
I hope I'm never in front of you, if you are so easily frustrated. While it's probably a good idea to aim to travel at or near the speed limit, everyone has to make their own judgement about what is a safe - or even worthwhile - manouvre.
And I'm certainly not advocating making life difficult for anyone who wishes to overtake. Anyone who is getting frustrated by having to drive at 50 mph in a 60 zone is less of a problem in front of me than behind me.
Agree with what you've written FP. In addition, I allow enough time for my journeys, as I'm sure you do too FP.
My commute time is fairly consistent, irrespective of getting held up by slow traffic. Commute varies between 45 and 48 min. How difficult is it to leave a few mins earlier, so you don't have to worry about being late?
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It's not always I agree with skidpan but on this occasion I do.
Many people seem to lack the skill to perform a safe overtaking manoever these days. Of course nobody is advocating agressive driving but to follow a slow moving vehicle on a good A road like a line of sheep has become the norm.
When I took my Advanced Driving Test in 1985, the only bit of advice the Class 1 police driver beside me offered was to take advantage of any overtaking opportunity. I accept that today's roads are far busier and that overtaking opportunities are fewer.
But when they are there, they should be taken. Failing to do so would be classed as "failure to make adequate progress" and would still be sufficient for a Fail on the Advanced test.
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"...to follow a slow moving vehicle on a good A road like a line of sheep has become the norm."
It really depends on what constitutes "a slow moving vehicle" and "a good A road".
I don't see someone doing 50 mph in a 60 zone as "a slow moving vehicle"; it may slower than ideal, but is hardly an issue. 40 mph? Yes, probably.
Whether the A road is straight enough and without potential hazards for an overtake is a matter of an individual driver's judgement. I am uncomfortable with the advice that you have to "take advantage of any overtaking opportunity". Any opportunity? If that becomes the norm of someone's driving it will inevitably mean taking advantage of not very safe opportunities.
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Many people seem to lack the skill to perform a safe overtaking manoever these days. Of course nobody is advocating agressive driving but to follow a slow moving vehicle on a good A road like a line of sheep has become the norm.
What are you supposed to do if the second in line is an underpowered small car, try and pass the two?? The OP husband was caught out trying to do exactly this!
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Many people seem to lack the skill to perform a safe overtaking manoever these days. Of course nobody is advocating agressive driving but to follow a slow moving vehicle on a good A road like a line of sheep has become the norm.
As I noted above, the A30 east of Stockbridge is not a "good road", it may be an A road with 60mph limit, but is only single carriageway with a broken up road surface and unmarked farm tracks - a careful motorist will factor in the risk of slow moving traffic turning onto, or off from, the main road, and not seek every opportunity to overtake.
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FP, Sammy1 and Theophilus:
Yes, fully accept your comments BUT
It wouldn't be an opportunity if it wasn't safe/a suitable road/farm tracks and minor roads joining/poor surface etc etc. would it?
Perhaps my use of the word 'opportunity' was not considered enough, but as an Advanced Motorist, you take all these factors into account when evaluating whether an opportunity exists, or whether it's just a gap in the traffic.
As I said, the "skill" has been lost in recent years, mainly due to lack of observation and anticipation.
And Sammy1, yes in your scenario when the lower powered car second in line does not overtake, (and even a 65 BHP 1.0 litre car with a skilled driver should be able to), then yes, absolutely it would be perfectly good practice to overtake two vehicles in one go, bearing in mind the conditions in paragraph 2 above.
The OP's husband did not take into consideration the right turn ahead or the extended white lines one poster mentioned, failed to notice both cars in front slowing down and presumably the lead car signalling to turn right. He saw a gap in the traffic but there was never a safe overtaking opportunity.
Edited by 72 dudes on 13/08/2019 at 12:33
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I don't see someone doing 50 mph in a 60 zone as "a slow moving vehicle"; it may slower than ideal, but is hardly an issue. 40 mph? Yes, probably.
My normal route to work is down a lane then onto an unclassified County Road of broadly B road standard. Lane is too narrow for safe overtake, there are places where lorries to form local industry have to crawl when passing in opposite directions. The B road is good for 50+ but has a couple of horse/cart era bridges over canal/railway, needs care at concealed X roads and there's half a mile of thirty through a village.
Was followed out of village this morning by a blue BMW who was clearly looking to get in front of me. Contemplated it on the lane and more seriously on B road just before the first of two narrow bridges with alternate working controlled by traffic lights. As soon as we were over bridge he was past me and haring off into the distance. He was still at the traffic lights to join the Northampton Ring Road when I arrived there fifteen seconds at most after him. I then followed him at thirty round the town centre relief road until I turned off to park.
Do BMW brake lights flash under very heavy braking? I thought his were doing so approaching roundabout on ring road.
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Do BMW brake lights flash under very heavy braking? I thought his were doing so approaching roundabout on ring road.
Yes, I think most newish cars have brake lights which do this. Have to be some serious retardation though - braking and driver :>)
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