I Didn’t See A Motorcyclist

Question:

I was involved in a collision in may at an uphill blind junction. I was emerging, I had stopped to wait for traffic and pulled out when a safe opportunity arose. I was emerging to the right. Immediately I emerged I collided with a scooter running over it and trapping it under my car.

Fortunately the rider sustained a very minor cut, I insisted an ambulance was called but after checking him over they left. He later contacted me to try and settle without involving insurance as ” he only wanted £300 for his bike and was not interested in injury claims etc.” I declined as I had already involved my insurance.

As the road was blocked I called the police whilst awaiting recovery of my vehicle and gave a short statement at the scene. I gave the bare facts only i.e. I was emerging and was aware of the collision. The truth is It truly was a matter of ” I didn’t see him” being totally unaware of his presence until I hit him.

I was not even sure from which direction he had come. I have ascertained from my insurance however that he was on the main road coming from my left and turning into the side road and had stopped in front of me. I can only assume he was hidden by my windscreen pillars.

There were witnesses who gave statements. I have been driving for 41 years and have never had points or a conviction, I am an advanced motorist and motorcyclist and was driving instructor until 3 years ago, and the fact that this had occurred really upset me and every time I was emerging from a junction I expected the same thing to happen again.

I did not admit blame at the scene and only gave a very brief statement to the police. My insurance did however confirm the direction he was coming from and have admitted liability and have settled.

I have now received a call from the police asking me to attend the local station to give a taped interview as they have now spoken to the motorcyclist and the witnesses. I presume this means they are looking to prosecute me. I would welcome you thoughts on this matter and what you offence they are likely to consider prosecuting me for. Thank you for your help.

Emma Says:

I understand why this would be upsetting. It could have been a serious accident.

You should be represented at the police station and I can help you arrange this if you would like my help.

You should be very careful in interview because anything you say can be used against you. It will be a voluntary interview and you should think carefully as to whether or not there is anything you could say that would help you.

If the motorcyclist doesn’t want to pursue charges against you then you could end with the only evidence of the actually accident coming from you. Without any admissions in interview and without the cooperation of the other driver the police may have no evidence upon which you could be convicted.

If I was to help you with this matter I would want to speak to the officer in the case before interview to see exactly what evidence they have before deciding whether it was in your best interests to cooperate.

Come back to me if I can help further. I think the court will take this seriously if you are prosecuted. They don’t like accidents with motorbikes as they are especially vulnerable.