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Urgent! Advice sought, Can an ECU be "read" to prove my statement

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Hopefully a good outcome in the end, but this thread is such a great advert for Bossfox' Blackvvue group buy! :thumbup:

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  • 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 eve

  • 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, he

  • 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 o

Only just seen this thread, I really hope it gets resolved in your favour, all the best, it is hard enough your pride and joy being damaged without this hanging over you

Hopefully a good outcome in the end, but this thread is such a great advert for Bossfox' Blackvvue group buy! :thumbup:

Is this running again ....?

Trying to visualise the scenario, I am having trouble figuring out how she managed to hit your headlight if you where sitting partially in the gap in the central reservation waiting to go onto the opposite carriageway? Did she cross the central reservation before hitting you?

Chris

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.

Mine cost £30 + 8gb card. Essentially, to my mind, these things are there to record the actions of you and your vehicle.

HD? A good idea if you're actually going to film stuff whilst going along the road.

Massive memory? Only if you want to record a 6 hour accident.

Accelerometer and GPS? Useful if you're going to end up being forensic about the investigation.

If you have a half-decent smartphone and window mount, you're already 90% of the way there anyway.

GG - have you ever had a day without drama?

GG - have you ever had a day without drama?

:D

Mine cost £30 + 8gb card. Essentially, to my mind, these things are there to record the actions of you and your vehicle.

got a link or brand name, buddy?

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)

Do you not have legal cover on your insurance? The £20 odd is worth its weight in gold when stuff like this happens

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.

Not sure if in this instance this would help or go against?

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.

Not sure how they could go after her if your car was in a dangerous position? The arguement could be you edged forward then stopped too late for her to avoid the collision

Mine cost £30 + 8gb card. Essentially, to my mind, these things are there to record the actions of you and your vehicle.

HD? A good idea if you're actually going to film stuff whilst going along the road.

Massive memory? Only if you want to record a 6 hour accident.

Accelerometer and GPS? Useful if you're going to end up being forensic about the investigation.

If you have a half-decent smartphone and window mount, you're already 90% of the way there anyway.

GG - have you ever had a day without drama?

And the other 10% ?

  • Author

To whoever?, yes I stated that she was swerving as she struck our vehicle, and yes my nose was already over the central median, so yes she was actually on the wrong side of the road.

She astutly claimed that I had pushed her out when I struck her vehicle.

And actually as I explained to all and sundry, this merely supported my statement about the break in the traffic I was attempting to enter.

She "entered" it going in the other direction.

Otherwise she would have been hit head on by an oncoming vehicle.

PS I will probably buy the "Roadhawk", tomorrow.

£200.00 odd

IF only because the invoice for our daughters Xmas present came from "The DogCamShop"

So the police incident report would / should show the damage to the median where her car crossed it before the impact, proving you did not push her out onto the other side of the road?

Chris

I'm totally lost.

So she veered to her right, joining you in the gap causing her to hit your front right in a back to front direction?

I think we need pictures and a google map of the site

so it will be a cheap, Chinese knock-off

Pray tell ?

They are available from about £20, but you dont get GPS for that, you have to pay about double.

Mine cost £30 + 8gb card. Essentially, to my mind, these things are there to record the actions of you and your vehicle.

HD? A good idea if you're actually going to film stuff whilst going along the road.

Massive memory? Only if you want to record a 6 hour accident.

Accelerometer and GPS? Useful if you're going to end up being forensic about the investigation.

If you have a half-decent smartphone and window mount, you're already 90% of the way there anyway.

GG - have you ever had a day without drama?

The more days you experience, the more likely there will be a drama, I dont consider myself to have been very lucky for most of my life - for example - I am the ONLY person I know who has ever been prosecuted for riding a pushbike in a bus lane; and I lost my phone charger in Alister McRae's Hyundai rally car - he gave me a lift after I helped push start it.

On the other hand, I have been on TV a couple of times, and my wedding was covered by the local radio and newspaper crews in Nanning (complete surprise when a reporter came up while we were filling out the paperwork and interviewed my mum.)

Perhaps now that I have a beautiful wife and baby daughter my luck has finally changed.

Go out there and DO things, and you will find plenty of interesting things happen to you; sit in front of your PS3/Xbox and nothing exciting is ever likely to happen.

And the other 10% ?

Would be having the software on the phone :p

got a link or brand name, buddy?

Sadly not. I recall they were from a recommendation on here about a year ago. And I think there was no branding (there's none on the unit). I ditched the mount and stuck it behind the rear-view mirror with some sticky pads and ran it to a switched ignition feed.

However:

http://www.ebay.co.uk/sch/i.html?_trksid=p5197.m570.l1313&_nkw=car+camera&_sacat=0&_from=R40

.....there's a fair range there ;) ;)

Go out there and DO things, and you will find plenty of interesting things happen to you; sit in front of your PS3/Xbox and nothing exciting is ever likely to happen.

I have. I also don't feel the need to tell everyone about it at every available opportunity. It'll be a rare day when someone says something happened to them that hasn't already happened to you first and bigger.

FWIW I have neither a PS3 nor XBox.

  • Author

Gentlemen, we digress.

Since the matter is still "sub judice" I am not prepared to fully discuss on an open forum.

I will fully explain after the matter is resolved.

btw

The poster "Metblackrat" who described an ECU from a Volvo being sent back to Bosch in Germany.

I presume if I take my car back on Monday coming and drive it , I will probably lose such information, or leastwise make it more difficult to chronologically identify.

Or does the ECU have a clock/calender running, I suppose it might.

If the witness/witnesses had not been forthcoming I would have been prepared to leave the car with the repairer parked up in order to pull the ECU for interrogation.

cheers again

Marcus

Ok, can you not post a drawing to explain?

I have. I also don't feel the need to tell everyone about it at every available opportunity. It'll be a rare day when someone says something happened to them that hasn't already happened to you first and bigger.

FWIW I have neither a PS3 nor XBox.

Sorry, that quote wasnt aimed at you, it was just a general comment. If exciting things have happened to me it is because I dont drive by, if I see a problem I stop and help; for many years before my illness was diagnosed I did 1,000s of hours of volunteer work every year, and I still go out and do 100s of hours each year, when you are doing this you see things and experience things that many others only read about or see on YBF.

Anyway, my comments about lateral damage were on topic, if his car was moving it should show up in the damage patterns to BOTH cars; this is how I won my case, the damage to his car wasnt consistent with my car moving forwards at the moment of impact.

Edited by GentleGiant

  • Author

OK

I will try and paint a better pen-picture.

A busy urban dual carrigeway, with a green painted central median strip only.

At the junction I was emerging from, there is a hatched strip about 3 or 4 feet wide, with a break opp the junction.

The traffic is virtually endless, during normal working hours.

I had sat and waited for perhaps 3 to 5 minutes before observing a safe opportunity.

Zero traffic approaching from my right, about 200-300m up to a roundabout.

A` break in the stream of traffic approaching from my left, guessing about 200m away at the instant I pulled out and edged across the first lane, knowingly blocking the outer lane and the median strip with the length of my vehicle.

The lane behind me was completely unobstructed.

Did I wait 5 seconds or nearer 10, be easy enough to calculate from the distances travelled at nominal traffic flow speeds.

Literally just as I was about to enter the break in the traffic, my wife "squalked"........sometning quite rude.

I instantly realized that the threat cold only approaching from my right and quickly turned my head to see a dark coloured car swevering over the median, but striking our right hand headlight with her left hand headlight and skelfing past our bonnet to stop in front of us.

Completely on the wrong side of the road.

She also dragged our car forward as she struck us at an angle.

By the time I observed her she had apparently braked heavily, per my recent witness statment.

The other critical point is that if she was approaching at a speed significently faster than the 40mph limit, she ****** up my calculations re intercepting the approaching gap while the road to my right was still clear.

The fact that no vehicles approaching from our left, struck her head on, is proof that my stated gap/break in the traffic was there where I stated it was, otherwise the road would not have been empty for her to occupy.

cheers

m

Sorry to say it, but based on the above I'd say regardless of being stationary, the accident was down to you blocking her lane. If you couldn't proceed for any reason, she'd have had to undertake to avoid hitting you, or slow/stop.

The relevant highway code section was posted earlier.

Careless driving? I'm in 2 minds as to whether this could come to anything, but the injury claim I can't see you getting out of as you knowingly put your vehicle into a dangerous position blocking the outside lane.

I hope it works out well for you, but sadly I can't see how you can explain it away to the police and the 3rd party's insurer.

If you have legal protection on your insurance I would strongly advise you to use it ASAP

  • Author

Yes I appreciate the possibility of the careless driving rap.

However, I could have stalled, broke down, or hey! even been stopped waiting to turn right off the crown of the road.

Regardless she would still have hit our stationary vehicle, with 250m of absolutly unobstructed visibility and 2 empty lanes to use, and since there was no other traffic, she was technically in the wrong lane. She could have and i think should have been in the empty unobstructed inner lane.

Does this mean that the next time a Taximan or Bus driver pulls this stunt on me..............I can choose to plough into them and absolutly blame it on them.

I think not!

If she had not been exceeding the speed limit my manouver was perfectly safe.

If she had been paying attention, ditto.

Plus and I think more critically she choose to blatently lie, to the Police, as to the circumatances, so screw her (I hope)

I presume if she is asked to attend for an interview she will come all "lawyered up" with a prepared statement.

I was a trifle ****ed at the sympathy she wrongly got at the time, while my wife and I were totally ignored, except by the Police.

cheers anyway

marcus

Firstly, you will be looking at about £5k for a forensic download of your ECU. You would have to submit it to an independent expert who would send it off on your behalf and would prepare a report of the data that came back.

Secondly, and this might be different in NI, but the police do not prosecute in the case of a collision. The CPS make that decision after reviewing ALL the evidence. Due to the timescales and the fact that there are still some outstanding witness statements, the evidence is unlikely to have even been within 10 feet of the barristers desk.

The personal injury claim makes no difference to the criminal prosecution.

I'm afraid you will have to wait to see if a summons is raised which can take up to 6 months.

All this applies to the mainland UK only. I am not familiar with procedure in NI.

  • Author

Metblackrat, thanks for that, about the cost I envisaged.

I can work with that if need be.

plus about the same for legal costs if it all goes tits up.

Again workable, painful, but bearable.

But I might rather spend the 10k elsewhere (crawler tractor or sawmill) and take the rap.

I will wait and see what transpires after the Polis talk to the fresh witnesses.

And hopefully revise their take on the case.

cheers again

marcus

PS

does it matter if I drive the car in the meantime?

Edited by dieseldogg

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