Other Driver Was On Mobile Phone

Question:

Hi, I was just wandering if you could give me some advice on how to proceed. I was involved in a RTA on my motorbike Vs car. I was coming up to a double roundabout. Traveling at roughly 20-25mph and was off the throttle.

I gave all round visual check and noticed a car in the far right hand lane heading the other way this is a lane that is marked for turning left or straight on, the vehicle had no indication on and as an observing glance I noticed that the driver had their hand up next to their head. As my way was clear for me I started to proceed onto the roundabout.

I then noticed that the car suddenly changed direction (still no indication) and was now coming right on the roundabout (my way). I checked left but noticed movement in the left lane to me. I didn’t change my direction as this would have put in front of the vehicle to my left side, which could have resulted me in being hit by both vehicles.

By this time the car was in my path, the driver of the car looked at me and came to a sudden stop, I noticed that the driver was on their mobile phone. If the driver of the car hadn’t of stopped I’m sure that we wouldn’t of collided with each other. I broke hard, front brake followed by the rear brake but there wasn’t enough room for me to stop which resulted in me colliding with the front of the car.

As I collided with the car the handle bars twisted went into my groin which sent me up and over the handle bars and onto the car bonnet. Emergency services were called to the scene and I got taken to the hospital with severe bruising. Where do I stand with this?

I have an independent witness who had watched the driver of the car travel roughly 100-150mtrs over both roundabouts and change direction with no indication whilst on their mobile phone, I understand that I entered the roundabout but when I started to precede my path was clear.

As the driver of the car was in a lane marked for going straight on, didn’t use indicators to say she was changing direction, using a mobile phone whilst driving and stopping on a roundabout?

Your advice will much appreciated.

Emma Says:

I think you have good prospects of defending this matter based on what you have said. The police have to prove the case against you beyond reasonable doubt if you have been accused of an offence.

I would be interested to know that the independent witness corroborates you. Did they see the other driver on their phone? We could demand the phone records of the other driver to show that they were committing an offence and not driving with due care and attention.

If the other driver was on the phone this will make them a reluctant witness for the police.

Have you been summons to court or warned that you may be prosecuted? Tell me more about what stage you are at. Have you got any points already? If so how many?

Sometimes we can get involved early and dissuade the police from taking further action.

Tell me more and I will be able to assist further.