Driving without due care and attention

[pepie123]

About 3 months ago I had a side impact collison. I was waiting at a junction to cross over. It was a country lane and on a blind bend, visability was poor. I was edging forward but barely moving so I could see around the bend. Visability was around 60 feet. I then hit but a corsa to my right side forcing my van to be roll. I suffered a unstable fracture to my right pelvis. I have now been summons to court to plead guilt of driving without due care and attention. I dont want to plead guilty as I feel this is a lie on my behalf as due to the junction being blind and other factors, that I was actually driving with extra care and attention. I feel that the other car was speeding as they roll my tool laden van over and their car suffered badly, 3 tyres where popped aswell as the car being severly crumpled.They had no time to slow down. I want to take this further but not sure how much it will cost and what help I can get.If any1 had a similar case and could tell me the outcome this would be very kind.I feel this was an accident that couldnt have be help and doesnt warrent me getting points on my licence,fine and being accused of a crime I didnt commit

[Ethel]

What's happening with your insurance company?

What was the speed limit on the road you were edging in to?

[pepie123]

My van was a works van so was under their insurance, my own insurnce covers legal costs but only if your not to blame. The speed limit is 60 but the bend was blind and hedgerow over grown so to be doing 60 would have been unsafe especially as the other car was approaching a blind junction. the other driver stated they were doing 50.

[Ethel]

But would an oncoming car know the junction was there if it was obscured by hedgerow and on a bend?

Was there any sort of warning signs?

[pepie123]

the warning sign was over grown, but the driver travelled this stretch of road daily to work and would(we would of hoped) known of the junction.

[pepie123]

Unfortunatly the law is on ther other driver, but on speaking to police and to my works insurance both agree I have a strong case, but I dont know what to do as it could cost me a lot of money only to be told at the end I am still to blame. Also I worry that by putting a plea of not guilty I may get a heavier fine and penatly points for wasting the courts time.

[Ethel]

If you believe you were driving very carefully and paying proper attention you must plead 'not guilty'.

[five2two7]

On what grounds are they suggesting you were driving without due care and attention?

[five2two7]

Just read your post again. The problem is that no matter how bad the visibility, it is still your responsibility to judge the presence / speed of oncoming vehicles. If you emerging from the junction caused another vehicle to alter its speed / direction (as it did, due to it hitting you) then that is classed as driving without dc or a...

Will depend on the day as if they take the law to the word then technically you have committed the offence.

[pepie123]

It was a blind corner and I couldnt see any car, I was edging out to see as much as I could, before pulling out. That is when the accident happen. My point is that if there was a tail back of traffic due to a tractor on the road, the diver of the other car would have ploughed into the back of them because of their speed. I think this accident was unavoidable and if I was at the same junction again I would drive my van/car in the same manner, because I was driving as carefully as I could and was full aware of how dangerous the junction was and was hoping to a certain extent to the on coming traffic to be driving safely too. I suffered an unstable fracture to my pelvis and have been unable to walk for the last 3 months, and injury that is commonly caused by high speed car accidents and motorbike accident..