Not Guilty of Careless Driving and Failing to Stop
A driver was accused of careless driving, failing to stop and failing to report an accident. It was alleged that he had knocked a cyclist off her bike, which he denied doing.
The Facts
The prosecution said that Mr X had pulled out from a roundabout into the path of a cyclist. It was said that he hit the cyclist and knocked her off her bike causing her to be injured. Even more serious was the fact that the cyclist believed Mr X had known about the accident and left the scene.
Mr X accepted driving the vehicle but denied causing the cyclist to fall. He stated that he did not make contact with her and that if she had fallen off her bike, it had nothing to do with him. If he had believed he had caused an accident he would certainly have stopped to see if she was ok.
The Defence
We advised Mr X that if he did not cause the accident, then there was no evidence that he was driving carelessly. Furthermore, if he had not known about the accident or had not been involved it in, there was no legal obligation to stop at the scene.
If what Mr X was saying was true, no offence had been committed.
The Outcome
Our client took the matter to a trial where David Swingler represented him. Careful cross-examination of the witness by David cast doubt on the cause of the accident. It appeared that the road conditions could have been responsible for her fall.
There were two prosecution witnesses, one of whom was the cyclist herself. The other witness was independent and was driving behind the alleged collision.
The court was not satisfied that our client had caused an accident. Therefore, he was not required to stop or report the accident.
He was found not guilty of all charges.
Need help with your case?
I’m Lucy Whitaker, a specialist driving offence solicitor based in Nottingham. My team and I really know our stuff when it comes to motoring offences.
I have gained recognition for my technical ability and understanding of complex areas of driving offence law.
Since 2008, I have worked exclusively as a driving offence lawyer. I set up Pragma Law in 2014 after 8 years working for another law firm. I now work only for private defendants charged with driving offences, but I have also prosecuted cases in the criminal courts in the past. I believe that having experience in both prosecuting and defending has made me a better solicitor and advocate, and I will use my knowledge to your advantage.