I was recently struck by another vehicle as I attempted to turn right onto a dual carrigeway.

I had waited behind the stopline until the traffic approaching from my right was completely clear.

I then moved so as to block the outer lane while I waited the few seconds to intercept a gap in the traffic on the other side of the carrigeway.

Literally as I was about to merge, I was struck by a car approaching from my Right. I was absolutly stationary at the time.

The other vehicle swerved as she struck me.

Her left headlight struck my right head light at an angle.

She pulled me out a bit as she pushed me round.

No airbags went off.

I jumped out, she did not.

I asked was she alright, she replied "I did not see you" then clammed up.

A passing cyclist had phoned for emergency services as I spoke to her.

She was eventually carted off on a bodyboard, complaining of a tingling in her right arm.

Detained three nights in hospital with a "suspected" broken neck while she got her story straight.

And got a whopping personal injury claim in against us.

According to her I pulled out, without stopping and struck her vehicle side on.

Anyway the Police are choosing to believe her story and proscuting me for careless driving.

No witnesses other than the cyclist who only witnessed the immediate aftermath of the accident.

The Police declined/refused to seize her phone, when I asked.

No CCTV either.

So

To the Crunch!

Is it possible to get my car's ECU interrogated to verify my account.

Otherwise I am properly screwed.

Edited 1 February, 201313 yr by dieseldogg

The ECU is not going to hold any information like that, it’s not a ‘black box’ recorder.

Hate to say it but I think you are screwed! was the dual carriageways a clearway?

(“a clearway is a road or section of road on which it is illegal to stop for any reason other than a breakdown or an obstruction to the road such as stationary traffic”)

I have a feeling that if the airbag hasn't been triggered (the car hasn't detected a colision) then there would not be much to see in the ECU as it doesn't log general driving etc as far as I am aware.

This has really just made me think seriously about getting a blackbox/drive recorder!

Phil

I would get proper legal advice if I was you - if the Police did the accident investigation properly, I would suspect that they would be able to see from the tyre marks etc that you were stationary.

But as I say you need legal advice from a motoring specialist solicitor. Your insurance may include legal cover.

Paul

Its partially through fear of stuff like this that I've fitted a drive recorder. Definitely get proper legal advice.

The cynic in me wonders if she truck you on purpose, as she seems to have suffered such horrific injuries from what you describe as a clip.

Highway Code Rule 173

Dual carriageways.

When crossing or turning right, first assess whether the central reservation is deep enough to protect the full length of your vehicle.

• If it is, then you should treat each half of the carriageway as a separate road. Wait in the central reservation until there is a safe gap in the traffic on the second half of the road.
  
• If the central reservation is too shallow for the length of your vehicle, wait until you can cross both carriageways in one go.
  

From your own testimony you've breached the above dieseldogg.

A rule probably written in the good old days of light traffic, when that would be perfectly practical to abide by. I'm not saying that it is right if that is what the OP did, but in rush-hour these days you could end up not getting anywhere. The speed limit applied to the dual carriageway is also relevant to the situation.

I'll say again though - seek professional legal advice from an expert.

Got a smartphone? Most of them have an accelerometer built in. Not sure how far back it would log or how easy they are to utilise but might be worth enquiring about.

I,m screwed then.

Not a "Clearway" btw.

&

Yes Ken, I was aware of that niciety in the highway code, unfortunately entirely unacppliable at this location.

The only practical manouver is to wait until it is completely clear to the right, then move out ready to pick up an approaching gap from the left, traffic lights less than a 1/4 mile away creates such breaks.

I have observed Taxi men execute exactly this same manouver, at this and other locations in the urban area, during heavy traffic.

Neither is turning left a practical option..

I made a voluntary formal statement, knowingly without legal representation, because I had nowt to hide.

I am currently seeking witnesses, and I intend to be at the location tonight with a sandwich board asking if anyone witnessed.

The Police man volunteered that the only reason they are recommending me for proscution is because the lying bitch has lodged a personal injury claim.

I would accept the (hopefully) three points with good grace, since technically I did not follow the code but the bitch is downright lying as to the true circumstances.

Cheers

Marcus

Oh!

PS

I bought the daughter a "roadhawk" for Christmas, nearly bought myself one too.

DOH!

Edited 1 February, 201313 yr by dieseldogg

I am a Forensic Collision Investigator so am in a position to answer this!.

The ECU can be read but it is only pulled and sent away for forensic interrogation in the case of a fatal collision and even then not in all cases. It MAY (I haven't pulled a VAG one) hold steering angle, which lights were illuminated, what the readings of various accelerometers were doing etc. Depending on how high up you go it varies as to who can access what data. You would be surprised what was recorded on a Volvo one that was sent to Bosch in Germany.

That being said, you must give way to ALL traffic on a main road and if you have pulled out into the path of an oncoming car then you are criminally at fault. In an injury claim, you will have some come back if you were stationary and had been there for some time but the criminal courts and the civil courts are two separate matters.

That's so annoying when you know you are right and that they are lying.

I'm definitely sorting out a drive recorder. Been thinking of one for a while now.

I once had some silly woman trying it on with me. I was sat in the middle of the road waiting for a gap (have to pull out to see of the the road) and she came along and swiped across the front of my car (she actually had to cross to the other side of the road to do this) then starting claiming that I pulled out on her etc.

In the end I just said that we were going round in circles and said let's just leave it at that and sort our own cars out. Oh the pleasure I got pointing out to her just as I drove off how much her few month old golf with a big scrape and dent right down the passenger side was going to cost to repair was epic. Her face was a picture! I was in my old felicia and the only damage to mine was a scraped plastic bump strip!

If I'd of have a drive recorder I'd have gone all the way with it and she would have been paying to get my car repaired!

Phil

That being said, you must give way to ALL traffic on a main road and if you have pulled out into the path of an oncoming car then you are criminally at fault. In an injury claim, you will have some come back if you were stationary and had been there for some time but the criminal courts and the civil courts are two separate matters.

I think this is the key part - the Police won't be attempting a prosecution unless they think they have sufficient evidence for it to be successful and I'm not sure the lady's statement alone (personal injury or not) would be enough for that.

The test for a successful "Careless driving" prosecution is that the following are satisfied:

1. Your driving fell below the standard expected of a competent driver; or
   
2. That you did not show reasonable consideration for other pedestrians and vehicles on the road.
   

Would being stationary/moving have any bearing in defending this? Are you able to get hold of a copy of the police report? I'd also take up the advice above of getting legal representation...

Chris

I am a safety professional and an accident investigator, not sure if this will help but it appears to me that the police have put your statement alongside hers and figured that they collaborate each other as to you breaking the law. You really need to see a solicitor to advise on how best to attack the claim.

In terms of root cause, if you hadn't did what you did, regardless of being stationary, the accident would not have happened. This doesn't take into account any contributory negligence on her part. The fact that you were stationary, even in a dangerous position, doesn't allow her to hit you and claim it was all your fault.

Sorry to be the bearer of bad tidings.

I was recently struck by another vehicle as I attempted to turn right onto a dual carrigeway.

I had waited behind the stopline until the traffic approaching from my right was completely clear.

I then moved so as to block the outer lane while I waited the few seconds to intercept a gap in the traffic on the other side of the carrigeway.

Literally as I was about to merge, I was struck by a car approaching from my Right. I was absolutly stationary at the time.

The other vehicle swerved as she struck me.

Her left headlight struck my right head light at an angle.

She pulled me out a bit as she pushed me round.

No airbags went off.

I jumped out, she did not.

I asked was she alright, she replied "I did not see you" then clammed up.

A passing cyclist had phoned for emergency services as I spoke to her.

She was eventually carted off on a bodyboard, complaining of a tingling in her right arm.

Detained three nights in hospital with a "suspected" broken neck while she got her story straight.

And got a whopping personal injury claim in against us.

According to her I pulled out, without stopping and struck her vehicle side on.

Anyway the Police are choosing to believe her story and proscuting me for careless driving.

No witnesses other than the cyclist who only witnessed the immediate aftermath of the accident.

The Police declined/refused to seize her phone, when I asked.

No CCTV either.

So

To the Crunch!

Is it possible to get my car's ECU interrogated to verify my account.

Otherwise I am properly screwed.

You have PM

FWIW if her airbags went off and yours didn't .... well they are only armed above a certain speed

However, I'd follow the adive given above by those in the know.

Edited 1 February, 201313 yr by cheezemonkhai

I am a safety professional and an accident investigator, not sure if this will help but it appears to me that the police have put your statement alongside hers and figured that they corroborate each other as to you breaking the law. You really need to see a solicitor to advise on how best to attack the claim.

In terms of root cause, if you hadn't did what you did, regardless of being stationary, the accident would not have happened. This doesn't take into account any contributory negligence on her part. The fact that you were stationary, even in a dangerous position, doesn't allow her to hit you and claim it was all your fault.

Sorry to be the bearer of bad tidings.

Typo corrected inline, bold. Otherwise I agree.

Thanks Ken, tired after a working week. As it's the weekend I will attempt to improve my grammar with a cheeky glass of Rioja.

Gentlemen,

First, Thank you all for taking the time to respond.

(i) Perhaps I did not clearly enough explain, that whilst visibility to my right was excellent......... only for about 250m (i'm guessing), or 8 seconds worth, that being the time taken (approximately) for a car from first being seen to reach the junction where the accident occured.

(ii) I absolutly did not pull out in front of any oncoming traffic, I waited to the road to my right, in so far as I could see, was absolutly clear, and there was an approaching break in the traffic coming from my left, at about the same 250m probably (but yet unmeasured)

(iii) The other driver, probably in a state of shock i admit, confessed to me " I never seen you" or words very to that effect.

Anyway i will accept am screwed in respect of the driving "offence"

(iv) And follow her in a Civil claim at my own expense, to recover all costs.

Cheers

Marcus

PS

I will now check my PM's

(iii)

No particular speed involved on her part (and none on mine)

Unfortunately her story is a perfect "fit" to the outcome resulting.

Which was not actually the case but I cannot prove so.

I spoke to the soliciter we use for family and property matters, expecting him to refer me, but he appeared knowledgable enough to understand exactly what had happened, and allowed I would have real difficulty in verfying my account as opposed to hers, as the outcome damage wise could be exactly the same in each senario.

I will be asking his furthur advice assuming a proscution ensues.

The nice Policeman said it might not, but he could not say, he merely put a file forward to the DPP, who in Northern Ireland are a trifle distracted by the rioting and charges ensuing.

Sorry to hear this mate :( i cant help out but in future get an in car camera.

I hope its a positive outcome for you.

All the best

Graham.

I'm going to get a camera !

I feel your pain mate, I had something similar happen about 10 years ago, no witness would stop as the other driver was very aggressive, so it was his word against mine.

Luckily for me, he drove across the front and not into the side, so I successfully argued in court that - if I had been moving, the damage to his van and its final position would have been significantly different.

You could ask an expert to look at the damage to both cars; if you have been moving, there should be evidence of lateral (sideways), compression in BOTH cars, not just the straight compression from hitting a stationary car/object.

My lawyer, against my specific instructions, TWICE tried to make a deal with the other guy, but the prat was greedy and wanted everything!! In the end, the judge listened to both sides and decided the other guy was lying and gave me the judgement.

Keep calm and keep your story straight - and good luck.

And yeah, I am looking at a car cam as well, but I am not rich, so it will be a cheap, Chinese knock-off.

so it will be a cheap, Chinese knock-off

Pray tell ?

OK

Update, I got a witness, just now, who says he seen the accident and that the other driver was going "about 60", then braked heavily, which indeed may have caused the swerve I observed, and not her deliberate steering away.

But essentially that she struck our stationary vehicle.

And there may well be another witness whom I have not yet contacted, but claimed to a third party in conservation that he seen the accident as he was driving past.

Fingers crossed the Police now prosecute HER for careless driving (at very minimum),

Trembling like a leaf just now.

PS to the above

The Mrs. who disapproves of the time I spend on various forums (hint, make me a better offer Dear) is most chuffed, and not a little surprised, at the various expert, knowledgable, helpful & sympathic answers recieved so promptly.

cheers again

Marcus

Tis a wonderful forum this

Great news now go get her !