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UPDATE!....haven't been charged with Driving without due care and attention!

T

TheCorm

Diamond Member
So what happened was I was pulling out onto the dual carriageway (am in UK) and I am on a kind of slip road, I am building up speed steadily...not going too fast....this truck is pulling off so I begin to pull out....this van suddenly appears from behind the truck....they must have been going very fast and been very close to the back of the truck.

I spot the van....but am almost out onto the dual carriageway....breaking at this point would have meant I probably would have stopped with my nose out into the slow lane and would have been hit at high speed....so I have to keep going really...plus...the van had begun to move into the fast lane...it was over the white lines....

Suddenly the van is going past me in the fast lane and swerving a bit....then it swerves heavily....spins around, flips over in front of me, goes through a road sign and ends up on the side of the road against a steel fencing strip, on it's side.

I stop, I think I was going 50mph, so I was able to actually stop before passing the crashed van....I call for an ambulance and police immedietly, luckily nobody was hurt...my car was un damaged...there were huge long tyre skid marks left by the van going up the fast lane...

I am going to the police station tomorrow to produce docs and give my statement, I didn't think I could be charged straight away until statements had been taken from both parties....they have only been taken from the witness I think....but there ya go....I truly don't believe this was my fault....if he was swerving to avoid me being reckless....surely he would have crashed there and then rather than have managed to go past me and then crash.

One police officer said that because my car wasn't damaged....I probably wouldn't be involved.....then I was breathalised and was of course clean....and was then read my rights!!...I couldn't believe it was happening!

What do you reckon?
 
You'd be in a better position right now had you not stopped to see if they were ok... pretty pathetic, isn't it?
 
you shouldn't be at fault, especially because he passed you and then lost control. if he lost control because you cut him off he would have crashed behind or next to you.
 
The description sounds plausible to me, that the van driver would try to regain control after making an evasive maneuver but ultimately not succeed. I assume he had the right of way in the lane you entered, hence the reason you would concievably be at fault.
 
Well I guess I just gotta be honest...explain what I saw happening....and see what happens...am speaking to my solicitor in about an hour...then off to the police station early this evening.

Jamie
 
<ignorent american>dude you talk like a brit</ignorent american>

from what you described it would seem like his fault, if it were here in the states it would be their fault especially if they had an improper fallowing distance behind that truck. also the last thing you do if your loosing control of your car is speed up unless on a curve but thats a bit different. basicly that tosser was driving wrecklessly and you just happened to be there.
 
Yeah I tend to agree....could I have been more aware?....yes....couldn't we all....but i'm sure he was driving too fast and that's what caused it.

Well over here in the UK we have a standing law that if you are a young driver in a fast car....you are guilty until proven innocent....unnoficial type of law but seems to be true!! :|

Will let you peeps know the outcome!

<ignorent american>dude you talk like a brit</ignorent american>
Click to expand...

LOL.
 
Well went in to show my documents to the police...all fine.

Then the Constable handling it comes out and says that she has been trying to get hold of me, they don't need to take a statement from me...they are going to file a report and hand it over to the insurance companies

No mention of the charges....I now have nothing at all to say that I was even IN the accident....didn't even get given the details of the other drivers insurance.

Am confused....dunno what is going on now!
 
Maybe they only think of you as a good samaritan who stopped to help? Do they even know it was you who "caused" it ?
 
unfortunately I have no useful advice, just wanted to wish ya good luck and let us know how it works out!
 
Best bet is to call up that constabe who is in charge and ask.

Best aviod any confusion, I would have thought? Good luck

<-- fellow brit.
 
Yeah I tried to call but no answer, will call back again later....I hope they have realised that it was more the van drivers fault than mine....the skid marks say it all...he went into the central verge and lost control....he was going too fast and had to swerve around me
 
Whatever you do, dont spew stuff to them about whose fault that was. If they really want to find out then they'll ask you.

The reason youre calling is to 'find out whats going on, as its not clear to you'.

The worst thing you could do now is panic..
 
I am just gonna wait to hear from them....just had an answerphone message from the van drivers insurance company wanting to exchange details...
 
Why would you want to give them your insurance details? From the description you gave you weren't at fault (or so it seems at least).
 
Originally posted by: Rias
Why would you want to give them your insurance details? From the description you gave you weren't at fault (or so it seems at least).
Click to expand...

Because even though he hasn't been told as such he is going to be expected to pay for the other guys accident. Very very fvcked up, next time call the cops for them but don't stop and hang around if you think it's possible they are going to blame you for causing the accident.
 
First: Do you have a carriage and do horses pull it? 😉
Second: What is a dualcarriageway? Do you have cars or only carriages in UK? 😉
Third: Sorry, though luck man 🙁
 
What are you talking about? Pulling out onto a "dual carriage way", steadily gaining speed, let ending up with your nose in a slow lane? I don't understand at all. Draw a picture.
 
Merging onto a two-lane highway. Some of you people have frighteningly low amounts of critical thinking abilities.
 
Originally posted by: Mallow
First: Do you have a carriage and do horses pull it? 😉
Second: What is a dualcarriageway? Do you have cars or only carriages in UK? 😉
Third: Sorry, though luck man 🙁
Click to expand...

Haven't you heard? They have horseless carriages now. Bit of advice, don't get into a horseless carriage driven my a headless horseman. Nor a headless horseless carraigeman either, if there is such a beast.
 
he pulled onto a HIGHWAY was speeding up, would have slowed down with his front of his car in the right lane and most likely would have been hit.

(i live in ohio so dont quote me but i believe that is exactly what it would have been like in the U.S.)
 
From the "steadily building speed" and 50mph, the last thing I thought of was a highway. Why would you accelerate slowly when merging, even after you see a van barrelling towards you (I see no mention of more acceleration)?
 
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