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#Post#: 61609--------------------------------------------------
Possible Undue Care
DIR By: AnyNameWillDo
Date: March 10, 2025, 7:09 am
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A similar case to this one. Entering a road from a side road and
misjudging the speed and distance of the other car.
HTML https://www.ftla.uk/speeding-and-other-criminal-offences/undue-care-attention-resulting-in-collision-nip-not-sure-what-to-expect/msg60435/<br
/>
Accident happened a couple of days ago. A couple of PCSOs were a
few cars behind me and took over the scene as both cars were
immobilised.
* Real cops took over the scene a few minutes later as PCSOs
were not able to do what came next.
* Both parties cautioned and breathalysed. Both zero readings.
* 30 mph area mid afternoon in clear day.
* Couldn't take any details of witnesses etc as have hearing
impairment which means I couldn't be sure what I was being told.
* Police wanted to take a statement there and then calling up a
duty solicitor on the phone. Declined (hearing issue puts me at
a significant disadvantage) but offered to come in to police
station at their convenience.
* Other party left in a taxi, possibly to go to A&E, as they may
have had bruising
* Everything passed over to insurance companies.
* No other accident in the last 40 years.
Police told me that they will pass all their information onto
the central RTC team who will be in contact either for
additional information or to advise no further action.
Apart from sitting on my hands, is there anything I should
consider doing now.
#Post#: 61629--------------------------------------------------
Re: Possible Undue Care
DIR By: andy_foster
Date: March 10, 2025, 8:03 am
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On the face of it, if you caused an RTA, you are guilty of
careless driving. Whether the police will prosecute is anyone's
guess.
Historically, where the criminality/carelessness was relatively
minor, as long as the insurance companies had everyone's details
to sort out the insurance side of things, they would often take
no further action.
If the carelessness/criminality was greater, or there were
injuries, the police might prosecute for careless driving.
Nowadays, where cases are less serious, the police often
consider that the offending driver would benefit from some form
of course (which they get a kickback from the fee for). Whether
the kickback is likely to influence their decision is not for me
to say (although you might be able to guess what I think).
In general, if there is a possibility of any legal action for
anything that you are involved it, always keep the best and most
contemporaneous notes you can, and keep anything potentially
relevant that you reasonably can. As DW190 used to say on
PePiPoo many years ago "Blunt pencils are better than a sharp
mind".
Otherwise, just wait to see what the police decide.
#Post#: 62655--------------------------------------------------
Re: Possible Undue Care
DIR By: AnyNameWillDo
Date: March 15, 2025, 8:39 am
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Had a letter from the police confirming their view on my poor
driving. I have to regard the letter as an official warning. I
assume this is the end of their involvement but there is now a
record against my name for a certain length of time.
It's been a bit of a wake-up call that despite a belief someone
is a competent driver, you should always assume the idiots on
the roads include yourself.
#Post#: 62657--------------------------------------------------
Re: Possible Undue Care
DIR By: andy_foster
Date: March 15, 2025, 8:41 am
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There are good drivers, there are bad drivers, and there are
good drivers who occasionally do bad things.
Whether that is 2 separate groups or 3 is a matter of
self-delusion.
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