driving without due care and attention

[midnightstar]

about 1 month ago, i was at a junction, indicating right to turn onto a main road, it was 7 am dark and raining.
on my right a car was coming towards me indicating left with another behind it, as the car indicating left slowed to turn, i started to pull out, when i was half way across the road, my front wheel was on the white lines, the second car smashed into my right wheel, (it had over taken the car that was indicating left) both cars ended up in the middle of the road on the white line.
police came to the scene and took a statement off me but as i was in shock, i didn't tell them that the second car had over taken the car infront (which was indicating left).
the main road was very wide and the junction was on a slight bend, the car that had hit me was in the middle of the road on the white lines.
the police are sending me on a driving course which i have to pay �165 for and have 1.5 days off work, if i do not attend the course, they will consider prosicution against me and take me to court for driving without due care and attention, which i will have to have another day off work and seek advise from solicitors ect... ect... and as you can imagine, i do not want to go to court.
could someone please help me by giving me advise on this case if it goes to court, as i do not consider myself 100% at fault. thanks.

[Johnanddog]

Might as well just do the course. Will be cheaper than solicitors.

[bednobs]

agreed. There was nothing preventing the one behind overtaking the one turning (especially as he/she was on a wide road and stayed in their own carriageway. In truth he or she should have looked ahead and been prepared for you turning out, but you should also have had a clear road before you pulled out (E.g. sometimes people dont even turn when they have their indicators on). the car who was on the main carriage way should not necassarily be be prepared for people pulling out of roads in front of them which was effectively what you did. Let me ask you this: Is your insurance paying out?
If the road was dark and the cnditions awful, you should have taken more care, not less

[dzug]

Sorry you are 100% at fault, whatever you consider. You pulled out into the path of the car that hit you. Full stop. You need to take account of ALL the traffic on the main road, not just the nearest vehicle.

Go on the course.

[Mamjet]

Go on the course and let me know where you drive so I can avoid you. I have children.

[mancunian re]

i have to disagree with every one who have said you are at fault. the highway code clearly states that no-one should over take at a junction, NO MATTER WHAT!!!!!!!!!!!!!!!!!!!!

[Twenty20]

But mancunian re I bet it also doesnt say that you should pull out of a side road into oncoming traffic does it?

[happyjo]

A similar thing happened to my friend a couple of yrs ago.

She was totally responsible for the accident, but chose to go to court instead of doing the course.

She got 3 points, a fine and costs.

She wishes she had done the course.

J x

[lawsanass]

I cant see how the police have any rights to send you on a driving course if you have not been found guilty of driving without due care in a court or unless you have pleaded guilty in writing to the court. I would suggest a trip to your nearest C.A.B office in the first instance or possibly get a free 15 minute appt with a local solicitor

[JockMcGrotty]

I have worked in motor claims before and, I am sorry to say, that you would be held principally responsible for the accident. Technically you have got to give way to all traffic on the major road... even if the are driving on the wrong side of the road!! It is not an uncommon type of accident and you cannot assume that the next vehicle will not slow down or change direction. You are correct in that the other driver should not have overtaken at a junction and, in defensive driving, such occurrences can be avoided by slowing down rather than overtaking. Had the other driver been 'tailgating' the car turning left he may have moved out to avoid collision. He would have run the risk of being charged with careless driving also but without direct evidence to that effect is likely not to be charged.

Jock

[JockMcGrotty]

As for lawsanass reponse I would advise you to ignore it.
A Glasgow Copper once said to me as I was parking my car...'You can park your car there if you like but you can be assured that when you return there will be a parking ticket on it' I had n't noticed the double yellow line. He was giving me the chance and I took it. I would have been stupid not to have acted on his advice.
Even if you were only 1% to blame you would still be found guilty. If you went to court without a substantive defence and you have'nt got one you would be likely to incur a greater penalty and might even be ordered to attend the course as well as pay the legal costs of the crown prosecution service. You might even get 6 points on your license and your insurance premiums could be loaded.
Your best bet is to go on the course and not view it as punishment but an opportunity to learn more about driving.


Jock