reporting a driver

[sadlonelygit]

is there any possibility of police action if you have video evidence (25fps time/date gps and speed) and you actually know who the other driver is!
prick drives like an arse every day and today in thick fog decides to overtake a line of traffic, meeting me coming the other way in my bus doing @40 (NSL road). i have to do an E-stop and collect a school mum up my arse. he of course carries on.
very little damage to me, car about 4" shorter than it used to be.
opinions please.........i'm focin fuming!!

[andybesy]

Yes, if there is good evidence then I would have thought so.

The police should review the footage and investigate if required, but a prosecution would be up to the CPS determining if there is a 50% or greater chance of it being successful, and it being in the public interest.

I understand you're mad and want action and rightly so, but even if a prosecution were not bought then a visit from the police would be likely and might make the prick think twice about how he drives.

Irrespective of criminal proceedings it's good you have the footage for your insurance. Sounds like it's clearly not your fault either way, as you were hit from behind AND can justify the stop.

Andy

PS) Oh, and if all else fails there's always trial by YouTube! :p

[MEM62]

Sorry to hear about your accident. 
One interesting question would be - if the footage was given to your insurers would you and the other driver involved be able to establish that he caused the accident and therefore claim against his insurance?  If course, the standard position of the insurance companies is likely to be that she ran into the back of you and is therefore responsible.  However, I wonder what case you could make against him as the cause of the accident.   
 
 

[hightower]

That's interesting MEM62, something I would be interested to hear.


I mean, surely the woman behind hasn't left a big enough gap and I would have thought insurance would run with this, but it is very interested as to whether this other drivers insurance company could be involved.

[Fazafou]

  However, I wonder what case you could make against him as the cause of the accident.

This sounds harsh, but the cause of this specific incident was the woman behind driving too close to be able to stop for an emergency, which is what happened.

Although this guy was a nob, the woman should have been keeping a safe distance.

Basically you have a reason for the emergency braking, she has no reason for not stopping in time.

[JoeRock]

  However, I wonder what case you could make against him as the cause of the accident.

This sounds harsh, but the cause of this specific incident was the woman behind driving too close to be able to stop for an emergency, which is what happened.

Although this guy was a nob, the woman should have been keeping a safe distance.

Basically you have a reason for the emergency braking, she has no reason for not stopping in time.

That's not strictly the case now - the guy overtaking in dangerous conditions would be found at least partially at fault as he was what caused the emergency braking

[Punkstig]

Agreed that the woman hasn't left enough room, especially with an obstructed view of the road ahead by the large vehicle in front of her, therefore her going into the back of you is her fault, however, the other driver is the cause of the accident (if he wasn't driving like a knob, or with due care as the police would put it then the accident wouldn't have happened!)
Personally I would be letting the woman and her insurers know of the video footage, also informing the police and leaving it in those hands to trace the driver.
All insurers want to minimise payout costs so as it is in their interest to pursue his insurance they probably will!

[noggythenog]

In health & safety there is something called the causal tree.......basically a way of identifying all of the factors that led to an accident.......as insurance is kinda H&S & weighing up risks then i imagine that they at least look at these things.


Rarely does anyone just fall off a ladder & that is that.......pressures to get the job done, lack of training, someone else not doing their job properly or procedure failures may have all contributed.


& his actions are basically a series of near misses......eventually if those near misses go unchecked then an incident will occur directly between him & someone else....no doubt someone else will come off worse.


Sounds like he needs a good hiding!!!!




Please tell us he isnt a biker.






Perhaps his insurance company would be interested to view his type of antics and increased risk he poses them.....nowt talks more than the way money talks.

[hightower]

I think I agree with Punkstig - very sensible post (unlike you  )

[Fazafou]

however, the other driver is the cause of the accident

Disagree, it sounds pedantic, but the accident is between the bus and car behind, caused by failure to drive at a safe distance to brake in time.

The idiot guy is the cause of the emergency stop and subsequently the accident, but not the accident itself.

[Punkstig]

It's the same as if someone brakes suddenly on the motorway causing others behind to emergency brake- vehicles behind may collide but the initial vehicle may have no impact and continue with their journey--- The police still endeavour to find that front vehicle and will use cctv in order to do so and question them!

Provide the footage you have and leave it to them!

[stevierst]

Just go into the police station and ask to speak to a traffic cop. They'll tell you for sure.
Make sure you take a copy of the recording that you can show him there and then. Playback on your phone is best bet as police computers ain't exactly up to date with playback formats. and have with you all persons involved details.

Good luck with it.

[ChristoT]

  However, I wonder what case you could make against him as the cause of the accident.

This sounds harsh, but the cause of this specific incident was the woman behind driving too close to be able to stop for an emergency, which is what happened.

Although this guy was a nob, the woman should have been keeping a safe distance.

Basically you have a reason for the emergency braking, she has no reason for not stopping in time.

That's not strictly the case now - the guy overtaking in dangerous conditions would be found at least partially at fault as he was what caused the emergency braking

Interesting post, Joe. Any precendents you can quote, as this isn't too dissimilar to what happened to me?

[midden]

  However, I wonder what case you could make against him as the cause of the accident.

This sounds harsh, but the cause of this specific incident was the woman behind driving too close to be able to stop for an emergency, which is what happened.

Although this guy was a nob, the woman should have been keeping a safe distance.

Basically you have a reason for the emergency braking, she has no reason for not stopping in time.

That's not strictly the case now - the guy overtaking in dangerous conditions would be found at least partially at fault as he was what caused the emergency braking

Interesting post, Joe. Any precendents you can quote, as this isn't too dissimilar to what happened to me?

  [/size] like ya mum will let you ride again if you can find a way to take some of the blame away from yourself then Christo [size=78%]


I would give  footage to the police if this driver is  regularly dangerous.  They'll soon tell you it's value which I would be interested to know:)

[Skippernick]

  However, I wonder what case you could make against him as the cause of the accident.

This sounds harsh, but the cause of this specific incident was the woman behind driving too close to be able to stop for an emergency, which is what happened.

Although this guy was a nob, the woman should have been keeping a safe distance.

Basically you have a reason for the emergency braking, she has no reason for not stopping in time.

That's not strictly the case now - the guy overtaking in dangerous conditions would be found at least partially at fault as he was what caused the emergency braking

Interesting post, Joe. Any precendents you can quote, as this isn't too dissimilar to what happened to me?

  like ya mum will let you ride again if you can find a way to take some of the blame away from yourself then Christo [size=78%]


I would give  footage to the police if this driver is  regularly dangerous.  They'll soon tell you it's value which I would be interested to know:)
[/size]

[size=78%]


Agree with both statements Midden.[/size]

[ChristoT]

  [/size] like ya mum will let you ride again if you can find a way to take some of the blame away from yourself then Christo [size=78%]

I'm getting back on a bike, whatever happens. The bloody insurance is still looming over me, I'm just wondering if it can be chivvied at all.

End of hijack.

[JoeRock]

  However, I wonder what case you could make against him as the cause of the accident.

This sounds harsh, but the cause of this specific incident was the woman behind driving too close to be able to stop for an emergency, which is what happened.

Although this guy was a nob, the woman should have been keeping a safe distance.

Basically you have a reason for the emergency braking, she has no reason for not stopping in time.

That's not strictly the case now - the guy overtaking in dangerous conditions would be found at least partially at fault as he was what caused the emergency braking

Interesting post, Joe. Any precendents you can quote, as this isn't too dissimilar to what happened to me?

I remember reading about one particular case Christo, I'll see if I can dig it out.


I remember a few years back there were a couple of status quo changing cases in this field, one being a case where an old lady was being followed by a motorbike down a dual carriage way, and for no apparent reason braked very hard, the chap tried to brake but went into the back of her. Typically that would have been considered 100% his fault, but as they proved there was no reason for her to brake, and the chap had done all he could to stop, it was awarded entirely in his favour (was quite handy that, as it meant that case could then be used in case law against phony whiplash accidents).
The second was something to do with an overtaking car but was born of the back of the case above, but all I can remember is that the blame was split between the car that overtook dangerously and the rear ender - I think it was an oncoming car decided to overtake, the front car then braked but the second car didn't brake in time - the liability was split as the second car was found guitly of not leaving a big enough space, but the overtaking car was found guilty of causing the front cars braking in the first place?


There was another case that I should be able to find a lot easier (EDIT: MacDonald v. Hemminger[/size][size=78%] - basically a queue of cars, the front one stopped suddenly and without warning, the two cars behind managed to stop but the third following car hit the car in front of him - blame was split between the first and last cars[/size]