73yr old - Driver let off by cps but police missed so much

Honest John Back Room » Legal matters
What is life like with your car? Let us know and win £500 in John Lewis vouchers | No thanks
View Threaded
Thu 23 Sep 2010 00:19
73yr old - Driver let off by cps but police missed so much - Ki0568

Last December my 22yr old son was coming down a hill at 6.45am on a push bike. He had lights etc on. A 73yr old man was going up the hill, did not use the filter lane and cut the corner turning right and my son hit him. The police report goes on about my son being inadequately lit up. Yet he was legal. The report never mentions the man not using the filter lane etc. The CPS decided not to charge him and put it down to poor lighting. My son is now paralysed and brain damaged due to a stroke at the accident. He feels that not only did the man ruin his life but the police blamed him and the report has so many things wrong with it. Is there anything we can now do or have the police ruined that too by leaving it all so long.

Reply | Report as offensive | Link
Thu 23 Sep 2010 08:25
73yr old - Driver let off by cps but police missed so much - Dwight Van Driver

I can understand your angst in view of the dreadful injury that has been sustained by your son which may have clouded your view of the investigation carried out by the Police. If you feel that Plod did not do its job or has produced an incorrect report then you can initilaize a complaint: May I point out you will need evidence not merely thoughts.:-

http://www.ipcc.gov.uk/index/complaints.htm

As to CPS and their decision, they can only act from the evidence that is put before them on deciding on a prosecution and they will only do so if there is a realistic chance of obtaining a conviction - generallly 51% or more.

dvd

Reply | Report as offensive | Link
Fri 24 Sep 2010 11:04
73yr old - Driver let off by cps but police missed so much - LucyBC

The CPS will take a decision as to whether to prosecute based on the prospects for a successful prosecution. That decision relies on the police to correctly undertake the investigation.

If you feel that the police report was wrong it may be possible to take the matter to the Independent Police Complaints Commission.

Whether or not the police are prosecuting it is very likely that your son has a personal injury claim but reference will be made to the police report and if your son is shown to be negligent (or partially negligent) this could negate his claim or considerably reduce it. In short it is vital that you show the police evidence was wrong and that the circumstances were different to what they say.

Even if you are already making a claim the case will not be straight forward and it may be that you will need an accident investigator to counter the police's version of events. I have a colleague who will undertake such work.

If you provide us with a name and telephone number I will ask him to give you a free consultation.

Any report he produces will also be of assistance in dealing with the IPCC and assuming negligence can be proved against the other driver then any costs for his services will be fully met by the third party insurer.

Reply | Report as offensive | Link