Driver Sues Dead Cyclist

Spanish Driver Sues Dead Cyclist

Click on the above link and read the article - tell me what you think. Imagine that the car driver was not speeding and only that he failed to see a cyclist who was riding at night with no reflective clothing and no helmet. (The driver in the article has not faced any criminal charges).

Is he right to want compensation for the damage to his vehicle from the dead cyclist's family?

If one car driver caused a collision with the other but died of his injuries, the other driver would claim against the dead person's insurance company being liable for the accident - not involving the dead man's relatives. However as this case involved a cyclist there is no insurance company to fall back on so he would naturally look towards the dead man's relatives for compensation.

You could however question why the driver has not claimed against his own insurance company. The article unfortunately does not provide full details of the accident, if the accident was solely the fault of the cyclist, why should the driver have to make a claim to his insurance company which would subsequently affect his premiums and any no claims bonus. Compare this with someone whose car is vandalised; their insurance is affected, yet they are not to blame - is this fair?

Personally if the cyclist was wholly to blame I do not blame the driver for making a claim although directing this at the cyclist's family appears insensitive, but it may be the only option. Even if the cyclist is only partly responsible the driver can still claim.

If this case happened in the UK, I think many home insurance policies cover liabilities relating to householders' actions and the driver would be able to claim against this.

List of Driving Offences

Please find below a table of motoring offences, their definitions under the Road Traffic Act (RTA) 1988 and the penalties they carry.

Please note:
1. All of the below offences could carry a fine.
2. Where two imprisonment sentences are stated these are either-way offences and relate to the outcome of either indictment/summary trial e.g. Dangerous Driving carries maximum 2 years imprisonment on indictment but 6 months maximum if tried summarily.
3. The below table highlights the possible implications of the driving offences listed - each penalty is subject to variation dependent on the individual circumstances of each case - seek legal advice.

Any questions please post.
Coming soon.... Alcohol Related Offences.

Offence	Definition	Penalty
Dangerous Driving	s2 RTA- Drives a mechanically propelled vehicle dangerously on a road/public place	2 years/6 months imprisonment Obligatory disqualification exceeding 1 year 3-11 points
Causing Death by Dangerous Driving	s1 RTA- Drives a mechanically propelled vehicle dangerously on a road/public place - must be proven that caused the death of another person	Maximum 14 years imprisonment Obligatory disqualification exceeding 2 years 3-11 points
Careless Driving	s3 RTA- Driving a mechanically propelled vehicle on a road/public place without (a)due care and attention or (b)without reasonable consideration for other persons using the road/public place	3-9 points discretionary disqualification
Failure to Stop	s170 RTA - Driver of a mechanically propelled vehicle on a road/public place must stop and give details if they have had an accident	6 months imprisonment 5-10 points discretionary disqualification
Failure to Report an Accident	s170(4) - Driver of a mechanically propelled vehicle on a road/public place must if they have an accident report the matter to police as soon as reasonably practicable and in any event within 24 hours	6 months imprisonment 5-10 points discretionary disqualification
No Insurance	s142 RTA - Using (or causing/permitting to be used) a motor vehicle on a road/public place when there is no policy in force against Third Party risks	Fixed penalty fine 6-8 points discretionary disqualification
Driving While Disqualified	s103 RTA - Driving a vehicle on a road whilst disqualified from holding or obtaining a licence	6 months imprisonment 6 points fine discretionary disqualification

Free Accident Form - What to do if you have an RTA

Please click here for a printable copy of an "accident form" which I have created for my personal use

Using a form such as the one above ensures that you get down all of the relevant details. This is especially useful if you are in a state of shock and where you are likely to forget something. The extent of the information you get could also assist your insurance company process your claim more swiftly and would be invaluable to the police should they become involved.

In this post I hope to provide some handy tips and advice to be taken into consideration if you are involved in a road traffic accident (RTA). I will also suggest some precautions you can take so that you are prepared if an accident occurs. Hopefully if you are unfortunate enough to be involved in an RTA the advice below will help ensure that the process is as smooth as possible in what may be a very distressing situation.

Having been involved in a RTA you may be shocked and unable to think clearly. This is why I suggest that you carry certain items in your glove compartment in the form of an "accident pack" to be used should you be involved in an accident.

In your accident pack I recommend that you carry:

1. Disposable camera (preferably with a flash) - to take photographs of the accident scene and any damage to the vehicles involved

2. Your insurance/contact details - so these can be passed on to any third party involved

3. Accident forms and 2 pens/pencils - to take down the other driver's details plus any other relevant details - alternatively have a piece of paper ready for the same purpose

Other points to keep in mind

1. Keep an accident pack like the one suggested above in your car's glove compartment

2. Try to get as many details as possible including the car registration number, make , model and colour. It may also be helpful to take down a description of the third party in case identity becomes an issue

3. As mentioned above take photographs of the scene and any damage to the vehicles/property involved no matter how slight the damage – this may avoid any dispute later - A handy tip is to get the vehicle's registration number and the third party in the photographs but be careful as they may not want to be photographed

4. If you are hit by someone who then drives off without exchanging details try and get as much information about the vehicle as possible – in particular the registration number – report the matter to the police and your insurance company who can then try and trace the vehicle involved

5. If there are witnesses to any accident, no matter how minor, get their details these may prove invaluable if liability for the accident is disputed

6. Even if the third party vehicle is foreign your insurance party/solicitors should be able to trace the vehicle through the Motor Insurance Bureau (MIB) – just be sure to get the registration number

7. There are many CCTV cameras around towns, shops etc. If liability is disputed it may be worth asking around to see if you could get conclusive footage of the incident – do this quickly though as many places record over past tapes

8. Remember it is a criminal offence to either not exchange details following an accident or to report it to the police

New Phone Penalties

Today new penalties came in for drivers who use hand-held mobile phones whilst driving. The question is however, will these actually deter people? I don't think they will. There was a ban on using phones whilst driving (December 2003), which hasn't prevented anyone from using them. I still see many motorists on their phones, particularly those within inches of my rear bumper. So the fine is £60 and possible points on your licence?! Will that really bother anyone? People still speed despite the similar consequences. Also the chances of being caught in the act are slim, it's easy - see a police car, put the phone down.

Although hand-held phones are banned, what about hands-free kits/bluetooth? Surely the point is that it is hard to concentrate on two things at once, isn't talking to someone the distraction not the fact that one of your hands is off the wheel? And what about those people who text whilst driving, they are unlikely to be noticed by the police, yet they still cause a nuisance to other drivers.

The point I am making is that banning the use of hand-held mobile phones whilst driving is not going to prevent it happening and causing collisions/near misses - the penalty is not enough to successfully deter the majority. Who will police it? - Look at the car seat fiasco, the law says that children under a certain height should be in child seats, I've seen many not even in seatbelts crawling around the car. How many people are actually stopped and the fined for this? Nobody has taken any notice of the law and nobody is policing it!
The same will happen with this ban, as this BBC article states, over 1 million people are ignoring the 2003 ban already - how will these new penalties change this?

Does Law Enforcement Work?

Okay, I am in the situation where my finance's car has had its windscreen smashed by a thrown golf ball, we called the police 3 1/2 hours ago when the culprits and witnesses were still in the area, they said they would come round and they still have not arrived.

On a separate occasion my own car was vandalised in a local car park and I was left on my own at night and in the rain trying to contact someone for help as I could not drive the car due to the damage. (Not to mention the local yobs and drunks hanging around). The police were called and I was given a crime number - nothing else was done, no-one even came to see my car. Who has to pay? Me, twice in fact. Firstly the cost/excesses (and damage to my no-claims) of repairing the damage and secondly with my taxes paying for a police service, which on two occasions has not benefited me.

This leads me to question whether the law is actually enforced or whether only murder/rape crimes are considered. Yes I can understand that it may not be a priority case but criminal damage is a crime and to me it doesn't seem like it is being enforced. What is the point of having laws that are not being enforced?