Why am I being persecuted

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Sun 20 Mar 2011 07:28
Why am I being persecuted - SGJ

Some months ago I was arriving home. Driving along a residential road with cars parked on either side I began slowing and indicated to turn right into my drive. On making the manoevre a car overtook me and a collision occured. I have looked at the highway code on overtaking and noted the following:-

  • only overtake on the left if the vehicle in front is signalling to turn right, and there is room to do so
  • do not overtake approaching or at a road junction on either side of the road (I live only 50 yards from a traffic light controlled crossroads and both vehicles were travelling towards them)
  • do not overtake when a road user is indicating right, even if you believe the signal should have been cancelled. Do not take a risk; wait for the signal to be cancelled

    • My insurance company stated the blame should be 70/30 (the majority of blame being with the other driver). There are no independent witnesses only passengers in each of the cars. Police were inattendance but nobody waas breathalysed. find this strange considering it was a Sunday morning and the driver of the other car was a young male.

    I am at a loss therefore, worried and under considerable stress as to why I am being prosecuted for driving without due care and attention.

    Can anybody help me. Thanks.

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    Sun 20 Mar 2011 08:11
    Why am I being persecuted - Dwight Van Driver

    Looks like Plod is relying on the decision of High Court in the case Sorrie v Robertson [1944] :

    A dtrivers duty is not confined to making signals, he must see, as far as he can, that they have been understood and he may be guilty of careless driving if he drives on after making one without so seeing.

    This is one where it may be benifical to speak to Lucy?

    dvd

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    Sun 20 Mar 2011 10:06
    Why am I being persecuted - Peter D

    Did he overtake or undertake you. where was the point of impact. Regards Peter

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    Sun 20 Mar 2011 11:16
    Why am I being persecuted - LucyBC
    As DVD says you are supposed to observe that there is nothing coming past before actually making the turn.

    However the decision to prosecute on Due Care and Attention seems harsh.

    I need to know all the circumstances before I can advise in detail and the best way of dealing with that is on the phone, not by email in a public forum.

    If you send me your contact details including a telephone number to asklucy@honestjohn.co.uk I will get one of our Road Traffic Offence specialist lawyers to undertake a 30 minute free advice call.
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    Sun 20 Mar 2011 12:48
    Why am I being persecuted - SGJ

    Ok LucyBc..will do and thanks. Peter D....the other impact vehicle overtook.

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