Not Guilty of Careless Driving and Failing to Stop
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.
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.
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.