Driving without due care and attention

[anitanelson1]

I am about to plead not guilty to driving without due care and attention, following an incident where I collided with a pedestrian who was taken to hospital with a broken femur. The incident occurred whilst I was turning right into a road. I had stopped at the junction, to allow me to check for pedestrians and vehicles coming and had even waited for a car coming from my left, the road I was turning into is a single lane one way street. I had checked several times and as I proceeded to turn right reaching no more than 5mph she was infront of me braking hard I just caught her leg, accounting for the injury. She was an elderly lady, I feel this is the reason for the degree of injury. It is my belief that she crossed on a diagonal out of my vision due to a brick pillar therefore encountering her to be walking toward me as I was turning keeping her in the blind spot for longer. What do you feel will be the outcome as I have been told if I plead guilty I will probably only get 3 points but I do not feel I should accept liability when it was not my fault. I have been driving for 22 years and appart from 2 speeding tickets both speeding cameras and have now expired.

[derekpara]

Of course it's your fault !

She didn't appear out of thin air right in front of your car.

Sorry, mate, it's all down to lack of observation on your part.

[Ice.Maiden]

I can't believe this. You're talking about speed limits and hypothetical parking of cars - but what about the elderly person you hit?

[FrankGalvin]

Since the lady was elderly it would seem that she wouldn't be able to move very quickly. So why didn't you anticipate that she could have stepped into the road? That's what the prosecutor would say if you pleaded 'not guilty'. If it was a 14 year old you'd have a chance with your argument, but an elderly lady doesn't move withe the kind of speed that doesn't give you the chance to brake or take evasive action.