Mashed Potato Case – Due Care And Attention

Question:

I was involved in an accident in February x on a Dual Carriageway whereby I collided with a Tractor carrying a large trailer of potatoes.

The incident arose when I entered the dual carriageway from a roundabout and was gaining speed. I approached the tractor trailer and was by this time just under 60 MPH.

I went to overtake the vehicle and as I did my Car veered towards the fast lane barrier as opposed to moving out normally. I believe this may have been caused by the ridges in between the lanes of the carriageway being filled with water as it was raining or maybe a slippery substance on the road surface.

I tried to regain control of my vehicle but was unable to and clipped the Tractor’s front wheel which then sent me back into the fast lane barrier and then spinning back across the carriageway into the opposite crash barrier.

Within around 15 minutes the Police arrived at the scene by which time there was potatoes splattered all over the road from where numerous drivers had driven over them.

I was then interviewed for around an hour in the back of the Police car. During this time I was asked if I had any Recovery. I said yes and proceeded to call them to get the car off the road. I was then asked to cancel my request which I did as the Police had decided that my car should be sent away to test for any faults. Shortly after, my car was collected.

It turns out that the Police never provided the relevant paperwork and that my car was collected by my insurance company the following day to assess it themselves. Therefore to my knowledge the Police never actually had my vehicle checked over nor was I provided with a copy of the report the Officer conducted.

Do you think I have a good case and what steps should I take to avoid prosecution? I have Legal Cover with Swiftcover Car Insurance, should I contact them for help with my case?

Emma Says:

The police were trying to eliminate the possibility of a mechanical defect which would amount to a good defence to driving without due care and attention.

If you raise the argument that there was possible defect (and it seems that you did at the time) the prosecution have to disprove this beyond reasonable doubt – they won’t be able to if they didn’t test the car. Therefore on the face of it you have a very good defence.

You are at risk of 3-9 points for this offence.

If you can persuade Swift cover to instruct me to act on your behalf I will be happy to assist. I will be happy to tell them that you have reasonable prospects of defending this matter based on what you have told me.

Come back to me if you would like my help with this matter and we can discuss it further. have you got any points already? If so, how many?