Adverse Camber

Question:

I was involved in an accident in October last year and have now received a summons for the above offence. I would like to plead not guilty as I believe this was an accident and would like your opinion on whether it is worth a not guilty plea.

The details are:

The road was a two-way country lane, after a dry spell the weather was dull and drizzling and the road was wet. I drove down a slight decent to a left hand bend leading to a right hand bend and on the right hand bend the car lost traction in what felt like the rear passenger wheel (Kia Sorento 4×4 in 2WD at the time).

The front of the car spun to the right and I ended up going sideways towards the hedge on the other side of the road, as the nose of my car hit the hedge a car traveling in the opposite direction on the straight but of road had no choice but to hit me in the side toward the rear passenger door.

This impact caused my car to mount his bonnet and flip over his car and land behind him in a hedge, facing the way he was traveling so the opposite way to which I was originally traveling.

Whilst at the scene with the attending police, paramedics and fire brigade, there were numerous cars skidding where they were required to slow. As one point the police office had to move quickly out of the way. The rapid response paramedic made a comment that they were always attending accidents along this road.

The point of the road in which I lost control, I have since realised has an adverse camber and a colleague of mine and the same thing happen to her whilst she was traveling with her children, although she finished up in the hedge without involving another vehicle.

I believe that I did nothing wrong and that it was just unfortunate. I wasn’t driving above the speed limit (although the third party has claimed that he thought I was doing 40+ (40 is the limit)). My car was written off and I would’ve thought his was too.

Would you think I have a case for not guilty?

Emma Says:

I am happy to have a free chat with you about this matter.

I have called and left a message to that effect.

The prosecution have to prove beyond reasonable doubt that the standard of your driving fell below that of the reasonable and careful driver in all the circumstances.

If you can cast a doubt on this by showing that in all the circumstances (due to the nature of the stretch of road in question) anyone could have had this accident (and many do!) and the standard of your driving didn’t drop then you may be able to defend the matter.

Have you been sent a statement from the driver of the other vehicle? The danger is that they suggest that you were going too fast and that your wheels locked because you had to brake hard? Have you seen their statement yet?

If you would like my help with this matter I will be happy to assist. Have you got any points already? If so, how many? Were you offered the driver improvement course as an alternative to prosecution?