Will I be charged with driving without due care and attention?

[pamella55]

In March I was crawling through the centre of a village in a line of slow moving traffic. There were cars parked in bays on either side of the road and a two-way flow of vehicles were moving within the remaining roadway. The road is wide enough for two cars to pass each other if parking is taking place on both sides of the road, but not wide enough for a lorry and car to pass. A transit van was parked, against the flow of traffic, and it was being unloaded from its side door onto the roadside. As I passed, I saw a flash of movement out of the corner of my eye then heard a bang. My inside wing mirror had hit the man unloading the van. I stopped as he shouted at me, but then had to drive away to park in order to free up the congestion in the village. I walked back and gave him my details and he showed me a cut on his elbow and said I had also hit his hip. When I returned a second time with my insurance document, he was walking around and leaning into a parked car to get a witness statement. This was something I was not able to do as the only people who were likely to have seen the accident were those in the approaching vehicles who had driven off.
I have now been asked by the police to give details of the person driving the car in case there is a case to answer. Naturally the van driver, who says he is a health and safety expert, reported the accident to the police. Do you think I will be charged?

[randyraven]

Yes I would say.
You hit a pedestrian and injured him.
He will persue the case I would imagine so he can claim ompo against your insurance for the injury.
The TV is full of ads offering compo claim services.

I would plead guilty as charged. It could have been worse and been a charge for Dangerous driving. You did drive in a manner to put others in danger.
You will get off with a driving course for 2 days , if you are lucky.

[Ethel]

Explain the circumstances as they happened - it is difficult to predict if you will be charged with anything.

But it is obvious this man extended at least a part of his body into the flow of traffic whilst standing between parked vehicles.

He has a duty to take care as well, and his actions could be deemed negligent. Stepping into moving traffic without looking is foolhardy. Was he unloading kerb side or road side?

[pamella55]

The van driver was unloading roadside.

[TWR]

Hi Pamella, are you a long way off the Village? if not, go back if the congestion is the same take a date / Timed/ Camera with you for evidence, As regards Driving without due care, That will not be the case as far as i am concerned as the driver of the van reduced the width by his actions of unloading, Do they have CCTV in the village? If so ask the local poilce is it possible you can use the tape as evidence should a court case arise, I would also contact your Insurance with what evidence you have. To me the only person that caused the accident is the driver of the van, he knew he had reduced the road width futher so HE should have taken more care or even moved to an area to off load his van, As an Ex HGV Driver I have been in this suituation myself & either found an area that is safe or try and get a time to del that was quiet. I think this pratt is thinking of money, Ask your insurance to get medical reports & Examination reports on this pratts injurys, You also say that this pratt is a Health And Safety Expert, This is the part that has told me that he can see ����������� If he was such an expert, why did he part in such a postion knowing that there was every chance of an accident waiting to happen, if he was such an expert on heath and saftey, he should have thought out the unloading suituation & turned the van around the other way then giving him self safe room to off load, This pratt is taking the P------.I would like to know the outcome of this, As I would myself fight this all the way, Do not take too much time with your evidence by doing that the mind starts to forget the SMALLEST & MOST IMPORTANT DETATAILS. Good Luck. T.W.R.

[pamella55]

Thanks to all who answered my question. I will try to find out if CCTV footage is available to prove my innocence.