Lucie's case update

[couchcommando]

Had a letter from the CPS today going someway to explain why they aren't prosecuting the driver.
It's quite simple they don't think they have enough evidence to prove he was driving without due care and attention, not sure what more evidence they want other than the accident but they have offered a meeting to discuss their outcome and I will take them up on that. I will be asking how pulling across someones lane is not driving without due care and attention as I'm a little confused.
My initial thoughts are Lucie's speed was wholely to blame by them but I need to question that and ask how far over the limit she was and at what cut-off point does being over the limit remove blame from the other party.

[Zanx]

Originally Posted by couchcommando

Had a letter from the CPS today going someway to explain why they aren't prosecuting the driver.
It's quite simple they don't think they have enough evidence to prove he was driving without due care and attention, not sure what more evidence they want other than the accident but they have offered a meeting to discuss their outcome and I will take them up on that. I will be asking how pulling across someones lane is not driving without due care and attention as I'm a little confused.
My initial thoughts are Lucie's speed was wholely to blame by them but I need to question that and ask how far over the limit she was and at what cut-off point does being over the limit remove blame from the other party.

I would say any speed that puts you from being nowhere to on top of the vehicle in as long as it takes to look around for traffic. That wasn't clear, let me give an example, if a ped is crossing the road, he looks left, nothing, look right, nothing, in the meantime someone doing a ton is now ten feet away in the time between the left look and the right look. We can only look in one direction at a time unfortunately.

Don't think that the other person hasn't been deeply affected by this too, you have to ask if it was malicious or just a moment of inattention at the wrong time, we all have those moments.

[protoborg]

Try to stay objective, hope it goes well.

[Eff Bee]

Id be doing exactly the same as you. Sadly it seems speeding party always gets the blame for accidents.

Keep strong.

x

[Tomcat]

I can see Grib's speed being taken as a contributory factor if it was well above the limit (not sure how they would establish that though?). But like you Couch I just can't get my head round how that absolves the other party from all blame when they have committed a clear ROWV.

Hope this helps put your mind at rest anyway mate, keep it level headed and remember the cops aren't the bad guys in this, I have no doubt they understand your pain and are genuinely trying to do the right thing.

If at the end you still aren't satisfied consider and maybe ask their views on bringing a private prosecution.

[Deer Stalker]

At the risk of wrath, both Grib and Couch would regularly post doing rather lary speeds, IF you go at insane speed on the road then you have to accept a certain degree of risk that someone elses brain will not be able to work at that speed.

It is possible (but I don't know cos I wasn't there) that the driver could see it to be clear -in a moderate speed type of way. If someone along doing say double a speed limit then that will be a massive influence.

But I don't know the facts, I'm just putting it forward from the 'average' motorists point of view

[Gedge]

Originally Posted by Tomcat

I can see Grib's speed being taken as a contributory factor if it was well above the limit (not sure how they would establish that though?). But like you Couch I just can't get my head round how that absolves the other party from all blame when they have committed a clear ROWV.

Hope this helps put your mind at rest anyway mate, keep it level headed and remember the cops aren't the bad guys in this, I have no doubt they understand your pain and are genuinely trying to do the right thing.

If at the end you still aren't satisfied consider and maybe ask their views on bringing a private prosecution.

Its not necessairly a 'clear ROWV' though is it..If her speed was so excessive as to put her from not being in view, to impact before the driver has a chance...so its going to depend upon the visibility available, the average speed of other vehicles etc..
I suspect that the CPS would also factor in the Lucie was riding an unfamiliar vehicle, regardless of her experience..
The accident investigation will have attenpted to answer those questions and no doubt the CPS will be swayed by anything in the report that throws doubt upon whether the other driver could have seen her before pulling out...

[couchcommando]

I only wantthe exactthoughts of the cps which i dont have yet hence the meeting, the road i know all too well and it is quite easy there to reach the top speed of any bike. I myself have passed that point many times at very high speeds.
as said i just need details then i can close this chapter.

[Julian_Boolean]

I don't know the details of Lucie's accident but and this is purely my opinion, you have to take some responsibilty if you have an accident when you are speeding, it is perfectley reasnoble for other road users to be expecting other road vehicles to be travelling within the speed limits of the road and act accordingly, this doesn't mean that I think people should pull out in front of speeding vehicles but that if you are speeding then you have to take some responsibility if an accident occurs.

[Tomcat]

No argument and I don't think anyone's suggesting otherwise. It's that the cops seem to have absolved the other driver of all blame despite him turning across the path of an approaching vehicle is a bit puzzling.

Look once, look twice....... pull out anyway?

[Deer Stalker]

Originally Posted by Tomcat

No argument and I don't think anyone's suggesting otherwise. It's that the cops seem to have absolved the other driver of all blame despite him turning across the path of an approaching vehicle is a bit puzzling.

Look once, look twice....... pull out anyway?

Fair enough but let's look at this at speed, say 150mph -that's travelling at 225 feet per second. Doesn't take someone long to 'appear from nowhere' does it?

I'm not suggesting that was the speed, simply using it as an example

[Zanx]

Originally Posted by Tomcat

No argument and I don't think anyone's suggesting otherwise. It's that the cops seem to have absolved the other driver of all blame despite him turning across the path of an approaching vehicle is a bit puzzling.

Look once, look twice....... pull out anyway?

Look at it this way, it's possible to step into the path of a sniper's bullet even though you can neither see the sniper or the bullet. Many times I've beeped at peds who have appeared to step out causing me to brake hard, when in fact, if I think about it, they started crossing the road before I even saw them, or they me, they made the first step into a clear road, then suddenly by the second step, I'm on them. First reaction is to blame the ped for stepping out but that's not always the correct assumption.

[protoborg]

There are two organisations here with separate agendas. Going from a position of limited understanding it seems like the CPS are far more likely to be the fly in the ointment than the cops, however there are too many other factors that come into play and I would guess the best option is the police liaison officer. As I said from a position of ignorance that would seem to me the most likely source of meaningful answers.

[Judge]

I'm not going to comment on the accident as none of us know the full details.

Just remeber couch, you catch more flies with honey. Keep it rational even though it's difficult. Good luck dude and let us know how it goes.

[Gedge]

Originally Posted by protoborg

There are two organisations here with separate agendas. Going from a position of limited understanding it seems like the CPS are far more likely to be the fly in the ointment than the cops, however there are too many other factors that come into play and I would guess the best option is the police liaison officer. As I said from a position of ignorance that would seem to me the most likely source of meaningful answers.

The most likely/best source of information and the best opportunity to ask questions and to hear the evidence is the Coroners Inquest. He will review all the evidence and will give reasons for his verdict on the cause of death..