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Driving Offence: Driving Without Due care and attention. Collision with cyclist
I am being taken to court this month for a road collision i had with a cyclist back in july. it occured at a rounabout. I can remeber what happened but after reading the witness statment im not sure if i was in the wrong or not. at the time i felt i was in the right. I'll write the witness statment who was also a cyclist. i was driving a car. here goes:
cyclist rode out on the roundabout in the outer lane. as i approache the same exit onto the r.bout i had to stop for the vehicle involved approaching from my right and heading south towards brixton. the cyclist continued along the outer lane and accross the 1st exit with the intention of continuing round the r'bout and heading north towards the city. when the cyclist was approx. half-way across the 1st exit the drivere cut infront of her turning left to head south. at this point the cyclist collidied with the back end of the car. after the collision the dtiver got out and claimed that he felt the cyclist was turning to the left. i do not believe this is true as when the driver was turning left the cyclist was already half-way across the exit. the driver should have turned after the cyclist. in defence of the driver i do feel hat the cyclist could have been more assertive and aggressive in her cycling. from experience i wouldnt have used that lane to cycle north as i ahve been cut up in a similar manner. i also feel if the cyclist had been paying 100% attention she couldv braked or sped up to avoid the collision. ulyimatley, the cyclist should never have needed to brake/swerve as it was obvious that she was turning left and the driver is at fault for assuming this.
The cyclists statement is similar but with extreme exaggeration. NOW PLEASE COULD YOU HELP ME AND ADVICE ME WHAT ROUTE TO TAKE. I HAVENET GIVEN A STATEMENT WRITTEN AND WANT TO KNOW WHAT REASONS I SHOULD GIV EIN MY DEFENCE AND WHAT I SHOULD PLEAD. iVE ADDED A YOUTUBE VIDEO F THE DIAGRAM DRAWN BY THE WITNESS.THANKS
cyclist rode out on the roundabout in the outer lane. as i approache the same exit onto the r.bout i had to stop for the vehicle involved approaching from my right and heading south towards brixton. the cyclist continued along the outer lane and accross the 1st exit with the intention of continuing round the r'bout and heading north towards the city. when the cyclist was approx. half-way across the 1st exit the drivere cut infront of her turning left to head south. at this point the cyclist collidied with the back end of the car. after the collision the dtiver got out and claimed that he felt the cyclist was turning to the left. i do not believe this is true as when the driver was turning left the cyclist was already half-way across the exit. the driver should have turned after the cyclist. in defence of the driver i do feel hat the cyclist could have been more assertive and aggressive in her cycling. from experience i wouldnt have used that lane to cycle north as i ahve been cut up in a similar manner. i also feel if the cyclist had been paying 100% attention she couldv braked or sped up to avoid the collision. ulyimatley, the cyclist should never have needed to brake/swerve as it was obvious that she was turning left and the driver is at fault for assuming this.
The cyclists statement is similar but with extreme exaggeration. NOW PLEASE COULD YOU HELP ME AND ADVICE ME WHAT ROUTE TO TAKE. I HAVENET GIVEN A STATEMENT WRITTEN AND WANT TO KNOW WHAT REASONS I SHOULD GIV EIN MY DEFENCE AND WHAT I SHOULD PLEAD. iVE ADDED A YOUTUBE VIDEO F THE DIAGRAM DRAWN BY THE WITNESS.THANKS
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The witness statement seems very flakey to me. It's trying to apportion blame and give an opinion as to who was at fault.
a) a witness statement shouldn't do this. As bigsister suggests, it should just give the plain facts. Who was at fault is for the courts to decide.
b) it's not even clear whom the witness thinks is at fault. They'll need to be a lot clearer than this if the statement is to stand up in court.
I'm assuming you have a solicitor acting for you? Would be wise to get one if you haven't.
a) a witness statement shouldn't do this. As bigsister suggests, it should just give the plain facts. Who was at fault is for the courts to decide.
b) it's not even clear whom the witness thinks is at fault. They'll need to be a lot clearer than this if the statement is to stand up in court.
I'm assuming you have a solicitor acting for you? Would be wise to get one if you haven't.
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