Turning In Front Of Another Car – Due Care

Question:

I would really appreciate your opinion.

Firstly I will explain my situation…

I was traveling along a local main road at around 5.15pm in the first week of March. I was driving from my work to my Boyfriends house. I slowed down and indicated right to turn into my boyfriends drive which is on the main road.

I looked in the direction of the oncoming traffic & saw it was clear so I proceeded to pull into the drive. As the front of my car reached the drive a car hit me in the side.

I got out of my car and walked to the other car. The driver was an 18 year local old man who had recently passed his test. He was not wearing a seat belt and was speeding therefore the impact was quite hard. He admitted to several witnesses, the police & I that he was traveling at around 40 – 45mph (speed limit along the road is 30mph!)

He was taken to hospital for the cut to his head which occurred as a result of him hitting the windscreen.

As I was on his side of the road when impact occurred I have been told I am likely to face prosecution as witnesses claim they saw the oncoming car and told the police they were hoping I wasn’t going to pull out.

I looked in the opposite direction for any oncoming vehicles and certainly didn’t see anything. There is a bend further up the road and I am wondering now whether the car was at the bend when I started turning and therefore by the time I was turning into the drive, the witnesses in the other cars (behind me) saw the car but I didn’t.

Could you please advise me of the likelihood that I will be prosecuted?

I am very concerned about whether I will have to attend court for this as I have been called to court before as a witness for an RTA. I attended Court but thankfully the offenders pleaded guilty last minute so I did not have to give evidence. Due to this I am really hoping I will not be taken to Court as I am aware how nervy and worrying it can be.

I would be very grateful for your opinions on the most likely outcome.

Emma Says:

I think that you may well be prosecuted. Alternatively you could get offered the driver improvement course as a way of avoiding court proceedings fines and points.

If you do get charged with due care and attention you will be at risk of 3-9 points and a fine and court costs. You may have a defence if you can show that the accident was a result of the other driver going too fast.

I think you will struggle though as the witnesses suggest that they saw him and maybe you should have?

We would need to see the witness statements to be able to assess the evidence and the likelihood of you being convicted.