Who Was Driving Without Due Care And Attention?

Question:

I approached the junction, I stopped at the give way lines, my intention was to exit the junction and turn right to join the queue of moving traffic.

Prior to commencing this maneuver I checked left where I saw an appropriate gap in the moving traffic, I then checked right, there were no oncoming vehicles, I slowly pulled forward to enter the gap in the traffic, whilst in the process of this maneuver my vehicle was struck by a vehicle from my right.

There were no oncoming vehicles as I conducted this maneuver, for the vehicle to have struck me it must have been traveling at excessive speed, and in my opinion is the offending vehicle, as this vehicle was unable to stop and was not present on the road when I checked before pulling forward.

I have since driven the route of the offending vehicle, and although there is a natural bend in the road prior to the junction which I exited, which incidentally is the second junction after this bend, there is ample stopping distance, if traveling at 30mph, the speed limit.

I believe my opinion of excessive speed is supported by the fact that this vehicle traveled on a considerable distance before striking another vehicle head on, traveling from my left hand side, surely this is dangerous driving as they have been traveling too fast or have not been paying attention to the road ahead hence not being able to stop in time.

The damage to my vehicle is on the left hand side, front, surely if I had pulled out into the path of the oncoming traffic the damage would be on my right. The vehicle struck me on my left as I was moving into the gap and I was already present on the road when I was struck by this vehicle traveling at excessive speed.

The police officer that cautioned me said that independent witnesses claimed I didn’t approach the junction slowly. It’s impossible to exceed the speed limit towards this junction, there was also a vehicle driving into the junction from Kings Ash road, as I was approaching it and parked vehicles on the right hand side of the road, so even more impossible to drive too fast.

Regardless of this, I find it irrelevant to the incident that took place, as I stopped at the junction, and the incident took place out on the road after I had already left the junction.

Would you kindly let me know your thoughts?

In the below satellite images , the white vehicle stationary at junction is my start point. My intention as stated was to turn right and join the moving traffic (The traffic flow represented by this image is similar to the traffic flow on the day of the accident with the exception of the traffic coming from my right which was clear.

In the second satellite image, the red vehicle on the left hand side of the of road is where the second impact took place. This clearly outlines what distance the offending vehicle traveled after striking me out on the road on my left hand side front and striking the second vehicle head on.

Emma Says:

To convict you of driving without due care and attention, the court will have to decide whether the standard of your driving fell below that of the careful and considerate driver in all the circumstances.

If you can convince the court that the other driver must have been speeding then you have a good chance of defending this matter. Have you been served the witness statements with your summons?

If not then you should ask for them ASAP. You wont be able to defend yourself until you know exactly what is being alleged.