I Couldn’t See The Cyclist

Question:

I have been summonsed for the above offense. On x I was driving an 18 tonne HGV Class 2 rigid truck and was indicating to make a right turn across busy traffic into a T-junction. It was dark, and the street lamps near the junction were faulty & not working.

As I waited to make the turn, an approaching vehicle on the opposite carriageway flashed their headlights, indicating that I could turn across in front of them. I did so, but as I was completing the manoeuvre I struck a cyclist who was approaching the junction from the road I was turning into with the side of my truck as I made the turn.

I had turned the vehicle correctly, but due to the junction being quite tight and totally dark the back wheels of my truck did cross the middle lines of the junction where the cyclist was struck.

The cyclist received some injuries as she was knocked to the ground. I was traveling at 5-10 mph at the time of the accident and was wearing a reflective jacket which I didn’t see due to there being no street lighting above the junction and did not have a working front light on the bike (I know this because the attending Police Officer walked up to the bicycle in my presence and turned the light ON then OFF again).

He recorded all the details of the incident at the time, and told me it was an unlucky accident & that I was unlikely to be charged with any driving offense.

As stated above I have now been summonsed (received x, nearly 6 months later) to appear in court. Please could you advise me if you would consider I had reasonable defence against the charge?
Thank you.

 Emma Says:

You are going to have to show that due to the circumstances the accident was not your fault. The prosecution have to prove beyond reasonable doubt that the accident was down to a drop in the standard of your driving. You have to cast a doubt on that to win.

If the cyclist had no lights and there was no street lighting then you have a reasonable chance of defending this matter.

You need to take this matter seriously because of the nature of your work.

It maybe possible to get the change withdrawn without the need for a trial. We also need to look at the amount of time that it has taken for the summons to be issued. There is a 6 month limitation period.