Overtaking a Car Turning Right & Causing an Accident

Question:

I was driving back from my mothers hospice on the x road near x.

Its a single carriage way 60mph.

I was doing 50.

As I came around a bend I saw a slow moving car ahead of me going on the same direction.

I could not see past her so hung back.

When I could see the road ahead was clear and the side roads I checked for indications, there were none so I overtook.

However she then tried to turn right in front of me, in to my path.

I tried to brake and turn away but it was too late.

We collided.

Police attended, non injury RTA.

This was x.

Since then I was asked to go to the police station and give my side of events.

The other driver and a witness said she was indicating.

However the witnesses view was very limited and I don’t think she could see all she says.

Now x I have been sent a summons for a magistrates court on x.

I expected no more than a fixed penalty and offer of driving course.

I have been driving for 24 years without incident and my licence is clean.

I am a train driver and have to be able to drive to do my job.

If I got banned I’d lose everything.

The other driver is claiming mild whiplash.

At the time, I saw the car, decided I’d like to overtake it, waited until I could see the road was clear ahead and side roads.

Checked for indications, saw none and began the move.

OK now, I know that it was not a good idea to overtake with the junction there but at the time I felt I had taken reasonable precaution and observations to avoid a safety incident.

Maybe I was wrong but at the time this is what I felt.

I see on the other drivers statement that she says that I had just been to the hospice to visit my dying mother and that I was thinking about that instead of concentrating on driving.

This has really angered me.

Mum has now passed over (x) and yes it was on my mind but I had driven some considerable distance on busy roads without incident.

So please can you tell me what to do.

Emma Says:

I am surprised that you were not offered the driver improvement course for this matter. It does fit with the criteria set down by ACPO for the course.

It maybe possible to get the prosecution to go back to the police and ask if you can do the course. This would avoid the risk of a ban/points/fines and court costs.

If you would like my help in that regard then please come back to me.

You have strong personal mitigation and the circumstances of the offence are not horrendous based on what you have told me. I understand your need to be able to drive.

If we manage to get you on the course and I think we have good prospects, the proceedings would be withdrawn and you would may be entitled to recover your reasonable legal expenses.