FabSwingers.com forum: Criminal Law.

By *opsy Rogers OP Woman
over a year ago

London

A question for those in the know.

My son sustained a serious and life affecting injury when he was knocked off his bike by a car doing an illegal right turn.

Has the driver of that vehicle committed a criminal offence?

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By *Ryan-Man
over a year ago

In Your Bush

I'm not an expert but if it was an illegal turn then yes.

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By (user no longer on site)
over a year ago

Am sure your insurance company will have the answer.

They have experts in most fields on their payroll.

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By *eryBigGirlWoman
over a year ago

East Yorkshire

I'd say yes too as he was doing an illegal turn so go and sue his sorry ass. Hope your sons not too badly affected x

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By *icketysplitsWoman
over a year ago

Way over Yonder, that's where I'm bound

Were the police called? Did he have to go to hospital? Were there any witnesses?

Make sure you have all the information, written down before it's forgotten.

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By *opsy Rogers OP Woman
over a year ago

London

"Am sure your insurance company will have the answer.

They have experts in most fields on their payroll."

He doesn't live with me but would either my house or car insurance be willing to give me an opinion? He doesn't drive or have contents insurance.

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By *opsy Rogers OP Woman
over a year ago

London

The police are involved. He had an incident number tucked into his wallet whist he was taken to hospital, we found it the next day.

He now has B&Q in his arm and faces years of surgery and will never have full use of his left arm. It was an impressive 'explosion' of bone in his elbow.

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By *ackandkateCouple
over a year ago

Truro

"Am sure your insurance company will have the answer.

They have experts in most fields on their payroll.

He doesn't live with me but would either my house or car insurance be willing to give me an opinion? He doesn't drive or have contents insurance."

If he's not got any insurance cover you could try one of those "No Win No Fee" companies.

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By *icketysplitsWoman
over a year ago

Way over Yonder, that's where I'm bound

"The police are involved. He had an incident number tucked into his wallet whist he was taken to hospital, we found it the next day.

He now has B&Q in his arm and faces years of surgery and will never have full use of his left arm. It was an impressive 'explosion' of bone in his elbow."

If he has an incidence number then follow it up with the police first to find out what they are doing to the driver. Then you can look at the criminal injuries compensation board.

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By *istress-MazikeenWoman
over a year ago

bolton

I am sure that there is something like the criminal injuries board for accidents, as you can claim if someone does not have insurance.

Get the insurance details of the driver, as the police should have all that.

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By (user no longer on site)
over a year ago

are the police taking it any further? if it was dangerous driving, or the driver was d*unk or drugged..

who said it was an illegal right turn?

without facts I doubt a forum on a sex site will be much use, but best wishes to your son, and good luck x

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By (user no longer on site)
over a year ago

"Am sure your insurance company will have the answer.

They have experts in most fields on their payroll.

He doesn't live with me but would either my house or car insurance be willing to give me an opinion? He doesn't drive or have contents insurance."

You could always ask your car insurance company for the legal position... They may not take the case, but you have probably paid for their experienced opinion....

Good luck...

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By *inaTitzTV/TS
over a year ago

Titz Towers, North Notts

Depending upon the facts, he could be guilty of careless/inconsiderate driving or dangerous driving. Both are offences of strict liability, meaning that you don't have to establish mens rea (a guilty mind), just doing the act itself is sufficient (ie, performing the actus reus).

For a charge of dangerous driving,

a, their driving must fall far below the minimum standard expected of a competent and careful motorist, and

b, it would be obvious to a careful and competent driver that driving in that way would be dangerous.

However, if you are looking to sue, civil law (in this case tort law) would be more appropriate than criminal law as the motorist would owe a duty of care under Donaghue v Stevenson (1932) and would have breached that duty, causing injury.

My boss is learning law and so I've picked up a bit. Hope it is useful

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By (user no longer on site)
over a year ago

Just positing a view, but is your son absolutely blameless in this? Had he done anything which could be an "offence" ie bad or illegal use of the road?

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By *opsy Rogers OP Woman
over a year ago

London

"are the police taking it any further? if it was dangerous driving, or the driver was d*unk or drugged..

who said it was an illegal right turn?

without facts I doubt a forum on a sex site will be much use, but best wishes to your son, and good luck x"

Thanks manrider but I've seen some cracking advice on the forum over the years. The driver was turning right out of a left turn only filter lane.

He has a lawyer and a bloody good one at that, he's been recouperating in Leicester with me but is back in London tomorrow to sort it all out.

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By *opsy Rogers OP Woman
over a year ago

London

Just positing a view, but is your son absolutely blameless in this? Had he done anything which could be an "offence" ie bad or illegal use of the road? "

No, thank fuck I taught him well. He waited at the lights and only pulled away on green and was cycling correctly. He hates cyclists who ignore the rules of the road, drives him nuts!

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By *oe_Steve_NWestCouple
over a year ago

Bolton

How come he already had an incident report in his wallet whern he was taken to hospital? The police must have acted very quickly! Z

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By (user no longer on site)
over a year ago

Driving without due care and attention at the very least based on the facts presented.

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By *opsy Rogers OP Woman
over a year ago

London

"How come he already had an incident report in his wallet whern he was taken to hospital? The police must have acted very quickly! Z"

That's what I thought too.

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By *ittle nelWoman
over a year ago

Merseyside

if you have house hold insurance you might have something called "family legal cover" (or similar) thrown in with it. they might be able to help. good luck to you both xx

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By *opsy Rogers OP Woman
over a year ago

London

A huge thank you to everybody who has taken the time to post here or send me a message. You have all helped immensely and have bought up some points to discuss with the lawyers next week.

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