roadtrafficlaw.com
- When turning right onto a a major road, I pulled out and saw a motorbike approaching from my right he braked and skidded to slow down. I immediately stopped, ending up stationary about 3 quarters way across the motorbike's path. I saw the motorbike attempt to avoid my car he hit my offside wing. The police arrived I gave them a statement and signed their notebook. I explained that I would have seen him and been able to avoid him if he had not been speeding.I have now received a citation to attend court charging me with dangerous driving. I understand that the accident would not have occurred had I not pulled out when I did but do I have a defence in that the motorbike was speeding and the road layout and other traffic made it impossible to avoid collision. What can I exxpect when I go to court in two weeks time?
Before you appear at court in two weeks time you should
consult with a solicitor who is experienced in dealing
with these types of cases. There is a subtle, yet big
difference between careless driving and dangerous
driving and I would expect that a good lawyer may make a
significant difference in what you are convicted of. I
assume that you will be convicted of at least careless
driving on the basis of what you state. I would
respectfully suggest that whilst this may well stack up
as a defence to dangerous driving it is unlikely to
defeat the implied alternative charge that is careless
driving. The bottom line is that you failed to see the
motorbike and should not have pulled onto the main
carriageway until you were absolutely sure that the way
was clear.
You may be able to say motorbike was speeding and that the traffic conditions contributed to the accident however the fact is a collision occurred in circumstances where the duty lay with you to ensure that your road was clear and safe. If convicted of dangerous driving you will lose your licence for at least 12 months if convicted of the lesser charge I would expect 4 penalty points and a fine.
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