AboutBruce Fyfe Expertise Scottish Criminal Law - any area. NOT IMMIGRATION ISSUES. I am a serving, operational Police Officer with 25 years` service. As well as my own knowledge and training, I can draw on many other resources in the Scottish criminal justice system and welcome the challenge.
NB Scottish, not English; criminal, not civil or immigration;
Expert: Bruce Fyfe Date: 3/12/2006 Subject: CYCLIST AND CAR ACCIDENT
Question I have a question involving a cyclist collosion with a car. i
recently was involved in an accident where a cyclist rammed into
my car and the police now claim it was my fault.
I however feel otherwise the scenario:
I was driving my car on a straight road headed north, a cyclist
was riding along side me approximately 7-8m ahead of me
headed in the exact same direction as me, the cyclist would
aboviously be on the left hand side of my car.
The cyclist took a glance at my car,(looking back breifly) for a
sec or so. As my car approached him i must have been doing
40km and now starting to build speed gradually. The cyclist
must have been now almost 1-2metres along side the front of
my car, (just very slightly ahead of the car)he then swung
directly accross my car without ant warning or indication.
A very kamakazi moment. i applied full brakes in a moment of
panic and hit the cyclist flat across the middle of my car and he
flew across the road.
The cyclist survived however sustained som head injuries and
internal brusing. The police went on to say the cyclist being
ahead of the car was not at fault. i was and am liable. I however
don't feel so, the cyclist would have felt my cars presence as i
was right up next to him. the cyclist must have saw my car when
he glanced at me and why would someone just swerve across a
car approaching so closely. I'm sure he the cyclist would have
felt the precense of my car at a metre or two along side him.
please advise because im dumbstruck with the polices
accusation.
thanks
munaaf
Answer Sorry, Munaaf, but, as a vehicle driver, it is your responsibility to anticipate what might occur on the road ahead of you and drive in such a manner (and at such a speed) such that you can stop and avoid that circumstance or thing.
Think of the cyclist as a car preceding you - if the driver had carried an emergency stop and you were unable to stop with colliding, you would be at fault, not the driver ahead of you.
Your description of events can be elicited as evidence from you by your defence if the matter goes to Court.
I would presume that you have been or will be charged with careless driving.
