Mechanical Defect


Basically, I had an RTA in-which I hit another car in the rear after my brakes failed on a dual carriageway. I had no time/ability to slow down before the roundabout, ploughed across it and into the rear of another car.

Nobody was seriously hurt or sustained any physical injuries. What happens if the police find no problems with the brakes? What is likely to happen?

Emma Says:

When did the road traffic accident happen?

If your breaks failed and if you raised this issue at the time then the prosecution have to disprove (beyond reasonable doubt) that the accident was as a result of a mechanical defect. If they don’t get this issue checked out then you win…..Did you raise the issue with the police at the time?

If the police find no problems with the brakes then you will probably be charged with dangerous driving or driving without due care and attention. You will either be at risk of 3-9 points or a minimum 12 month driving ban depending on the charge. Have you been warned for dangerous driving?

You will be entitled to get your own report into the mechanical defect issue and the police should preserve the car as evidence so that you can do so. BUT…. don’t raise this issue with them as it would give you a good abuse of process argument if they destroy the car, thereby preventing your from getting a second opinion….!!

Would you like my help with this matter?

Have you got any points already? If so how many?

Are you a new driver? Do you need to be able to drive for your work?

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