Cat Ran Into The Road

Question:

Driving without due care & attention & failing to stop

Son in law swerved to avoid a cat & hit a parked car with enough force for it to knock into car in front, nobody was hurt. Was late at night & he had no way to leave a note. Went around 9am next day, all 3 cars had been removed (including his) so he rang police.

He has a clean licence and works as HGV driver. What is he likely to get? Can he be prosecuted for failing to stop when he rang within 12 hours?

Dominic says:

Has he got a summons to court yet? It maybe possible to persuade the police to leave it to the insurance company to resolve. If he gets a summons he will be at risk of 5-10 penalty points or a discretionary ban.

The police often try to suggest that the driver had been drinking if they leave the scene of the accident and it happens at night. He will need to avoid any such suggestion at court. When an accident occurs you are supposed to remain at the scene for a reasonable amount of time so as to allow anyone who might want your details to approach you. It will depend on the circumstances as to whether or not he has a defence to the fail to stop charge.

If he reported within 24 hours the he should be able to defend the fail to report allegation. He will have a defence to driving without due care and attention if the court accept that a cat ran out in front of him and that the standard of his driving was not bad in the circumstances.

Considering your son in law drives for a living I suggest that he should consider being represented. If he would like to talk to me get him to call in. 

Has he got any penalty points on his licence already? If so, how many?



About Dominic Smith

With a comprehensive knowledge of Uk motoring law, Dominic is an invaluable member of the Patterson Law team his specialist areas include; - drink-driving - failing to name driver - failing to stop - failing to report - special reasons arguments
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