just witnessed a nearly horrific incident.....

[betty swollocks]

Post script:
the young mother has just called me to advise that as she was leaving the Police Station, the Mercedes driver entered, recognised her and in an emotional state, offered her profuse apologies. The driver was a young mother too. As a result, YM 1 has decided not to press charges: as is, I suppose, her prerogative.
I know I could not show such forgiveness and I hope the Police decide to press charges anyway, but I don't know quite how these things work.

Thank you for all your comments.

 

[Pete]

Well, seems I was wrong about the TWOC factor! Possibly the driver saw you noting down the number, panicked, did a runner, drove on a while, then thought better of it. Who knows what goes through the minds of such people? After all, most educated folk know perfectly well that hit-and-run is a serious offence, not far short of Dangerous Driving. And seeing in your mirror someone taking down the number, especially if you happen to be the owner and sole driver of the vehicle concerned, means the Law is going to catch you up, no matter what.

I still agree that this driver ought to face charges, all the same. Remorse won't make her mend her ways. Nothing atones for bad driving. A conviction, a fine, and a bundle of points might.

 

[rustychisel]

Post script:
... The driver was a young mother too.

Thank you for all your comments.

I know you didn't mean it to sound this way, but it makes no difference if The Pope was behind the wheel. Dangerous driving is what it is. Well done on reporting it.

 

[Arch]

joe, sorry to hear about all that. Hard to believe some people's actions. Perhaps they were so unaware that they didn't even know what had happened - sadly, I'm all too prepared to believe that. Or they thought "well, he's got a helmet on, he'll be alright, after all, in films the hero just gets up and carries on running...." Hope your uncle recovers quickly and fully.

Betty, that's an interesting postscript. I suppose there is the chance that the driver has just had the most lifechanging experience of her life and has really learned something. We can but hope. I suppose the young-mother victim was on the spot and could assess the genuineness of the emotion. We, being somewhat removed, might all tend to assume it was crocodile tears.

In a situation like this, I'm not sure remorse, or the wishes of the victim should enter into it. If some one was murdered, and their next of kin said they didn't want to press charges, would the police leave it at that? I doubt it...

Personally, I'd press charges, and every year I'd send the woman a photo of the kid with "This is the kid you nearly killed" written on it, until I thought she was sorry enough...

 

[Kirstie]

This reminds me of something my dad went through a few years ago. He was rolling along in his car in a queue of traffic when this young lad ran into the road without looking. My dad slammed his brakes on but had hit the lad who was knocked to the ground. The lad immediately jumped to his feet and was going to run off when my dad caught up with him, insisted that he check him over for injuries, before going on his way. It turned out he was OK. My poor dad felt so terrible he just went straight to the police station and told them what had happened. He was wracked with guilt even though technically it wasn't his fault and there was no injury. It bothered him for ages. Perhaps the merc driver feels the same way although the circumstances are somewhat different. I think YM1 showed a lot of mercy and hopefully what goes around comes around and something good will happen to her. Karma and all that...

 

[Pete]

Sorry, a bit of 'devil's advocate' stuff. Just had another thought: if no-one was injured and the buggy wasn't damaged, this driver may be off the hook. HC rule 260:

260: If you are involved in an accident which causes damage or injury to any other person, vehicle, animal or property, you MUST

stop
give your own and the vehicle owner's name and address, and the registration number of the vehicle, to anyone having reasonable grounds for requiring them
if you do not give your name and address at the time of the accident, report the accident to the police as soon as reasonably practicable, and in any case within 24 hours.
Law RTA 1988 sect 170

Sounds wrong and unjust, I know, but maybe she can't be nailed for 'failing to stop'. Legal eagles, please?

And, let's leave justice and retribution at what the law ordains. Anything beyond that smacks of vengeance, not justice. We don't do that in a civilised society, I hope.

 

[Tetedelacourse]

If that's a reflection of the law Pete then the driver will be in the clear. I can see why it's like that as in the heat of the moment a driver may panic and run, but on reflection may realise the seriousness of what's happened.

In this instance though, I'm afraid no degree of emotion would convince me to not press charges. Perhaps if it had been me that was clipped I might have felt differently, but I'm far less understanding when it's a question of my kids' safety.

Joe I wish your uncle a speedy recovery.

 

[fuzzy29]

It's sounds stupid, but that young mother and her child do not realise how lucky they were. As Joe's uncle has found out, the difference between 'nearly' and 'actually' is very slim. But, given you only have to past one driving test in your whole life, and killing cyclists and pedestrians is usually only a fine, why will people act any different?

 

[twowheelsgood]

Any of our resident lawyers here?

I was always under the impression that leaving the scene, whether you decide to turn up later is still pretty serious.

Of course in France and other places you are actually required to lend assistance at the scene of an accidient too. I'd like to see this in the UK.

I was shunted from behind in my car at traffic lights. Here is Switzerland, you can't even move your car off the road until the police arrive or clean-up any glass etc., you must leave it exactly as it happened until the police arrive, they photograph and measure EVERYTHING.

 

[Tynan]

how fast was the car going?

and pedestrians are supposed to cross roads safely?

and how long until the driver turned up? long enough to have found somewhere to stop safely and returned on foot

(crossing the road safely natch)

 

[Arch]

how fast was the car going?

Betty said "great speed", so I suspect quite quickly...

and pedestrians are supposed to cross roads safely?

You saying it was the woman's fault for crossing the road, not expecting a car to be coming off the roundabout 'at great speed'?

and how long until the driver turned up? long enough to have found somewhere to stop safely and returned on foot

(crossing the road safely natch)

Betty says it was as the woman was leaving the police station. I suspect that the time taken to process her and Betty's evidence would be getting on for an hour, if they take a statement and so on...

 

[Mr Phoebus]

Any of our resident lawyers here?

I was always under the impression that leaving the scene, whether you decide to turn up later is still pretty serious.

Of course in France and other places you are actually required to lend assistance at the scene of an accidient too. I'd like to see this in the UK.

I was shunted from behind in my car at traffic lights. Here is Switzerland, you can't even move your car off the road until the police arrive or clean-up any glass etc., you must leave it exactly as it happened until the police arrive, they photograph and measure EVERYTHING.

So that's why you have to make sure you're wearing clean underwear.

 

[Tynan]

'great speed' means next o nothing, what was the speed limit never mind whow fast they were actually going

do you think that the exit of a roundabout is a safe place to cross the road with a small child in a buggy?

people on here seem to go all 'we don't know the facts' when a cyclist is involved in an accident but pile onboard with assumptions and castigation when a car comes close to injuring a pedestrian

 

[Nortones2]

Castigation because of experience! Oddly enough tynan, many people on foot have to cross roads by the exit of a roundabout. How else are they to get over to their destination? Levitate?

 

[spen666]

If you got the reg plate that will be a great help. I hope the police take action as the driver has committed an offence and is in big trouble!
....

Sadly unlikely to be true- IF the police do anything about it, it is likely to be a charge of careless driving and possibly fail to stop &/or fail to report.

The penalty is unlikely to be more than a small fine and 4 points on the licence