RTA, Court, Witness, Money, Opinions?

rml380z

First Aspect wrote:

I think you should go. It might settle on the day simply because you are there ready to give evidence, and you'll get to go home early.

I was a witness in a bus on bike accident that went to court (bus at fault but claiming innocence).
I attended the court but didn't need to give evidence; the bus driver changed his plea at the last minute.
The court officer said that the plea is often changed on the day, depending if witnesses turn up.

guinea

I didn't think people had a choice about being summoned to court?

elbowloh

I know you said you're not looking for a whipround, but if there was one, i'd gladly chip in a tenner to make sure the guy gets his day in court.

dhope

guinea wrote:

I didn't think people had a choice about being summoned to court?

Not sure exactly how it works. This was the wording on the initial email from the police

should the need arise you would have to attend court during the week. I understand if you are not willing to take time off but without an independent witness that can attend court we would only be able to send a warning letter to the driver for driving without due care and attention.

On the initial witness form it asked if I was prepared to be a witness, and then to specify when I would be available. I'd said there I was self employed. So it seems they use the initial witness reports to determine if there are witnesses available, and depending on that they decide whether to proceed. Then if they proceed then they can require you to turn up.

Anyway, I've let them know I'm happy to attend if it goes that far. The cyclist is yet to receive driver insurance details etc so there's probably a little while to run on things before things get decided either way.

cookeeemonster

dhope wrote:

guinea wrote:

I didn't think people had a choice about being summoned to court?

Not sure exactly how it works. This was the wording on the initial email from the police

should the need arise you would have to attend court during the week. I understand if you are not willing to take time off but without an independent witness that can attend court we would only be able to send a warning letter to the driver for driving without due care and attention.

On the initial witness form it asked if I was prepared to be a witness, and then to specify when I would be available. I'd said there I was self employed. So it seems they use the initial witness reports to determine if there are witnesses available, and depending on that they decide whether to proceed. Then if they proceed then they can require you to turn up.

Anyway, I've let them know I'm happy to attend if it goes that far. The cyclist is yet to receive driver insurance details etc so there's probably a little while to run on things before things get decided either way.

Good on you, and I hope karma gets your canyon delivered today

ugo.santalucia

Rick Chasey wrote:

FWIW I had the same.

I had a driver try & run me over before getting out kicking me to the ground & on the floor.

Chap who was a self employed driving instructor helped get the guy off me.

He had the same excuse - he wouldn't be witness as he couldn't afford to go to court.

Chap who did it got off, as it was my word against his.

Suggest you talk to this guy, send me a PM, I have his hpone number

The Rookie

A witness can be summonsed, although it's not that common at magistrates court level, although the legal professionals don't like 'hostile witnesses', if they then fail to attend they can be arrested.

porlyworly

Do it - you'll feel better about yourself for doing the right thing and you can't put a price on that

Kieran_Burns

PorlyWorly wrote:

Do it - you'll feel better about yourself for doing the right thing and you can't put a price on that

Or if you're not feeling altruistic:

Do it so you can wipe the smug smile off the a*seholes face.

Whichever works.

MrSweary

Harrumph - I got run over by a u-turning cabbie last year. Loads of witnesses several of whom seemed more than keen to help and one of whom had just been dropped off by said cab. Police arrived within minutes. Very sympathetic. Took multiple statements. Cabbie was bang to rights -simply didn't look before he swung around, didn't even indicate to say he was pulling out. Paid me no mind as I lay in the road either, simply standing there, arms crossed, shaking his head at me as if it was my fault. Bike was a write-off have been under his front wheels. It was a miracle I wasn't seriously hurt as I was doing mid 20s when he hit me.

Police eventually called to tell me he was being sent on a driver awareness course. :roll:

The Rookie

Not sure of your issue, education is shown to be more successful than punishment, if he doesn't complete the course (losing half a days work) in a constructive manner then he will be summonsed for the original offence, the course will also cost him about £100.

First.Aspect

The Rookie wrote:

Not sure of your issue, education is shown to be more successful than punishment, if he doesn't complete the course (losing half a days work) in a constructive manner then he will be summonsed for the original offence, the course will also cost him about £100.

I can't immediately see why drivers can't be punished andeducated. The fines in this country are so small in this country anyway. The guy who did that to my ankle was fined £280, for example.

Sirius631

Put in the claim. If the defendant is found guilty (and by this account, he should be) he will probably (if there is any justice in the world) have to pay costs, which will include your claim.

Sirius631

MrSweary wrote:

Harrumph - I got run over by a u-turning cabbie last year. Loads of witnesses several of whom seemed more than keen to help and one of whom had just been dropped off by said cab. Police arrived within minutes. Very sympathetic. Took multiple statements. Cabbie was bang to rights -simply didn't look before he swung around, didn't even indicate to say he was pulling out. Paid me no mind as I lay in the road either, simply standing there, arms crossed, shaking his head at me as if it was my fault. Bike was a write-off have been under his front wheels. It was a miracle I wasn't seriously hurt as I was doing mid 20s when he hit me.

Police eventually called to tell me he was being sent on a driver awareness course. :roll:

This doesn't prevent you pursuing the cabbie for damages through the civil court.