Home Home, Law & Money
At The Mix, we want to make our services as helpful as we can. To do this, we’d love to ask you a few questions about you, your visit to The Mix and its impact. It should take only about 5-10 minutes to complete. Take this survey and get a chance at winning a £200 Amazon voucher​.
Free Wednesday evening? Come along to our co-design from 6-7:30PM. sign up here
Come and join our Support Circle, every Tuesday, 8 - 9:30pm! Sign up here

Careless Driving

Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
Hi guys, need some help.

Well my gf does, she passed her test a few months ago and has received a letter complaining about her for careless driving from the proscuter fiscal meaning she could get proscuted. Which since she is a new driver would mean she will be banned.


Heres what happened

She was driving along, middle of road as cars were parked on her side. She was following a car in front.

The car infront indicated into a space leaving my girlfriends car in front.

She then spots a bus coming towards her, obviously thinking its his right of way.

She tries to reverse into a space to get out of the way, however she ain't quite in the space by the time the bus comes. I guess by pressure etc, she was poking out of the space a bit.


Well the bus had to suddenly stop resulting in one of the standing passangers in the bus falling and breaking her coller bone.

Hence the letter, im guessing that the bus driver took her number to save his ass.


Shes really upset over this, shes a good driver, not too aggressive or anything. I really wanna help her out and let her voice be heard because to me this sounds ridiculous.

Any ideas on what she should do? Shes phoning the proscuter fiscal first thing on monday.

Comments

  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Theres nothing she can do really is there? As the evidence is there (bus driver/passengers on bus/possible cctv that some buses now have) its pretty open and shut.
    Bus drivers drive like complete cunts standard and he was probably going faster than he should have been, but i doubt he was breaking the speed limit and the law will no doubt take the bus companys side.
    Just have to wait it out and see what happens imo
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Its her word against the drivers. Just tell the prosecutor to fuck off and let them prove she did anything wrong.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Yeah I fail to see how she was in the wrong in this situation. She was comitted to the route, and the driver of the bus should have been managing his speed appropriately to the situation. I'm not sure what the case is that she is meant to be answering.

    I suggest getting proper legal advice on the situation, quickly.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I agree here, i was always taught, and double checked with my sister (shes a driver instructor) if a car is already commited, like she was, it is not her fault, it is in fact the bus drivers problem as he would've seen her coming but still decided to come anyway. she was already commited, therefore nothing she could do,

    As mist said, get legal advice ASAP.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    The bus driver should have at the least slowed down, he could see his route was blocked, but like every other bus driver on the planet, he raced forwards anyway.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Whowhere wrote: »
    The bus driver should have at the least slowed down, he could see his route was blocked, but like every other bus driver on the planet, he raced forwards anyway.

    My brother saw first hand the grizzly results when bus drivers try to assert their right of way over pedestrians :(
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    The bus driver was an idiot for not slowing down. He must have seen she was there and was trying to get out the way, why was he going so fast?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Got to:

    http://www.pepipoo.com to get legal advice.

    If there was no collision between her vehicle and the bus then there is no accident as such and therefore she did not need to report it as an accident.

    The bus driver on the other hand did have to report an accident because his sudden braking caused an injury to a passenger.

    The bus may have reported the oncoming vehicle as a reason etc. and the police may simply be following up on the registration plate, but in order to prosecute they would normally expect an independent witness. Now that could mean one of the passengers on the bus.

    It sounds like the road was rather narrow if a bus could not even fit through because a parked car is sticking out a little bit, and that the bus driver was probably driving too fast for the conditions, but that is my opinion.

    The only way question I might ask is what happened to the driver she was following, and at what distance was she following? Generally you should not simply follow another driver when passing a line of traffic, but must judge the situation for yourself.

    Too often I find vehicles follow others far too close and are caught unaware when the vehicle in front pulls in to park, in fact they often end up right up the back of the car which then cannot reverse into the space, even though they were clearly indicating where they were going.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Hi guys, thanks for the responses.


    Shes phoning the fiscal tomorrow to give her side of the story. Shes quite upset and i really feel for her right now.

    I guess it'll come down to the fact that if someone else is willing to give a witness account. That'll be the clinch but I think the bus company must be threatened to be sued by the passenger and now they're trying to pass the buck.


    It doesn't help that my girlfriends mother is a class a bitch sometimes and is making her feel horrible about this, christ where's the support?:no:

    I just feel like going over the bus company and confronting this driver, he was yelling abuse at my girlfriend after the incident too which makes me angry(she is gonna use this in her statement). Yet i cannot do this if we all know will make the situation worse.


    I feel helpless right now but my dad has advised her to talk to the citizens advice bureua(spelling?) and seek legal advice if it goes furthur.
    It might be that after she says her side the whole thing may dissapear but she has to be prepared for the worst, i.e loss of license(shes a new driver and a fine)


    I'll keep you guys updated.

    Calvin- Your post gave me a smile lol
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Well the bus had to suddenly stop resulting in one of the standing passangers in the bus falling and breaking her coller bone.

    This is the bus drivers fault, and clearly-so. Had he been reading the road ahead, as all drivers should, then he'd have envisaged the need to stop, or slow down, for the obstacle ahead.

    The fact that a passenger fell is because of the drivers actions, and his alone. No road-traffic-accident took place, as the bus was not involved with any other vehicles.

    It is a matter which will be settled between the passenger on the bus, and the bus company's insurers.

    It is important that the girl involved neither admits nor accepts any liability whatsoever. The bus driver is responsible for his vehicle and the passengers on it. It is not the responsibility of another road user to plan ahead for all passengers in all vehicles.

    All IMO, of course.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Also, i dont understand how a passenger can sue the bus company, dont they have those big signs that say "remain seated until the bus has come to a complete halt"

    I know nobody ever does, but thats a point worth thinking about!
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Some buses have standing up capacity where you hold onto the rails. Doesn't always work like that though.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    MrG wrote: »
    Also, i dont understand how a passenger can sue the bus company, dont they have those big signs that say "remain seated until the bus has come to a complete halt"

    I know nobody ever does, but thats a point worth thinking about!

    :yes: And there are (where I live anyway) bars/rails tro hold on to if people do have to stand up.

    I pretty second what other people have said. I fail to see what she's actually done wrong.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Any update?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    the bus driver shouldn't have been driving ahead at speed without being 100% his route wouldn't be blocked.

    Also, the passenger should have been standing unless the bus was stopped. Unless it was a full bus and there were a few people standing....

    should have held on tighter ;)
Sign In or Register to comment.