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: 8/11/2007 Subject: car collision with bicycle
Question Hi.I wonder if you can offer me some advice and reassurance.A month ago i was involved in an accident with a man on a push bike. I was going straight on at a crossroads with traffic lights, my light was green so i went thru + as i did a cyclist went into the side of the car . The police came and said that i hadnt done anything wrong and also told me that the cyclist was drunk, although they didnt do a breath test as he was taken to hospital in ambulance. I suffered whiplash and shock as did my 11 month old baby who was in the car with me,the car had £300 worth of damage and I have not driven since. The hospital told me the man had been released from hospital an hour later and was fine. I was told by my insurance company that it would be impossible to claim off him as he wouldnt have insurance so i left it and paid to fix car myself. Now tho the man has decided to claim damages for bruising to back, whiplash and time off work and says it is my fault as i should have seen him. But i feel that as he hit the side of my car(took the wing mirror off and damaged the drivers window) it is his fault as he obviously should have seen me first, he must have gone thru a red light and should have been able to stop first if he hadnt been drunk. I am really annoyed about this as i had to pay for damage to car, have time off work, deal with upset child and not been able to drive due to stress without compensation so why should he get some when in my eyes it his fault. Could you give me some advice on whether he has any chance of getting anything?
Answer Sarah
In a word, in my opinion, none.
However, any such process would be under civil, not criminal law.
Equally, think about it logically:
He went through a red light - although it would be nice if there was an independent witness to that fact.
He was drunk (in the opinion of a reliable independent witness - a Police Officer).
It makes no difference that the Police took no action regarding his drunken cycling - difficult procedure, especially when a hospital is involved in the equation and in the circumstances the doctor was very liable to refuse permission for any procedure in any case. The main thing is that the cop's opinion was that he was drunk.
With luck, your car insurance policy includes cover for legal liability. If so, tell your insurance company to fight it tooth and nail and counter-sue for your damage, upset, inconvenience, stress etc.
If not, consult a solicitor - the first consultation is usually free.
