Driver let off by cps after leaving my son paralysed

[ki0568]

Last December my 22yr old son was coming down a hill at 6.45am on a push bike. He had lights etc on. A 73yr old man was going up the hill, did not use the filter lane and cut the corner turning right and my son hit him. The police report goes on about my son being inadequately lit up. Yet he was legal. The report never mentions the man not using the filter lane etc. The CPS decided not to charge him and put it down to poor lighting. My son is now paralysed and brain damaged due to a stroke at the accident. He feels that not only did the man ruin his life but the police blamed him and the report has so many things wrong with it. Is there anything we can now do or have the police ruined that too by leaving it all so long.

[Buenchico]

You could initiate a private prosecution but it will cost a lot of money. See here:
http://www.yourrights...vate-prosecution.html

When a private prosecution is commenced, the CPS can simply let it take its course or decide to take over the prosecution. If the CPS does so, the Director of Public Prosecutions could then choose to see the prosecution through to a trial, or to simply terminate the prosecution; The relevant CPS policies are here:
http://www.cps.gov.uk...private_prosecutions/

In deciding whether they could have successfully brought a prosecution for 'dangerous driving', the CPS will have had regard to the legal guidance here:
http://www.cps.gov.uk...riving/index.html#a14
You'll see from reading through the 'Charging practice' guidelines that a momentary lapse is usually not enough to sustain such a charge.

The only realistic chance of a prosecution succeeding might have been with a charge of 'careless driving'. The criteria which the CPS will have used are given here:
http://www.cps.gov.uk...riving/index.html#a15

The procedure for making complaints against the CPS can be found here:
23:20 Wed 22nd Sep 2010

[Buenchico]

Oops!

The final link was cut off. Here's the information about complaints:
http://www.cps.gov.uk...s_leaflet_english.pdf

Chris

[dotty.]

Has your son made a claim against the other drivers insurance ?

[Bazile]

Without seeing the police report it is not possible to give a definitive answer .
However, from what you say , this sounds like a case where your son could institute a civil action against the other driver , or rather his insurer .

The burden of proof is less in a civil matter as opposed to a criminal matter .

You need to get independent legal advise - consult a solicitor

[mike11111]

A private prosecution is realistically not going to achieve much. A better option would be a civil claim for damages. I suggest you consult a personal injury lawyer asap - you have three years from the date of the accident in which to do so.

[beso]

Let it go. Trying to put an old man in jail won't restore your son. Further action in this direction will bring you nothing but more grief.

Fact is, riding a bicycle in the dark, even with legally compliant lights, is a very dangerous activity.