OT - Nearly Two hours....

[James*]

I had to spend in the police station today wasting my college time all because of a stupid van driver last week, I had to go over every detail for nearly 2 hours. It happend last week, I came up to a mini roundabout and noticed a van to my left which had stopped and it was my right of way but then he lept out and I had to slam my breaks on causing me to go flying head first into his vehicle! its nackerd me out, I had to say where Id come from, where to, what I was wearing, is it my normal route, and loads more. I never want to go through that again and I might have to say it all again in court if the man give a different story

[nobbystyles]

did you hit the back of his van. cos its your fault if you did

[Rapier]

I'm guessing you were on a bike. I'd ask for the death penalty if I were you.

[James*]

Yes I did and its not my fault, he caused me to break harder than a emergency stop making me hit the back of his van, a police van pulled up not long after and the van driver said "Iam sorry I didnt see you" If I hadnt breaked then the injuries could have been worse.

[James*]

I was on a bike and I meant to put the van driver said he was sorry he didnt see me, not the police man.

[Al]

Sorry to hear about your little accident but just because you are on a bike probably wont make any difference. In this country if you run into the back of someone, unless you can prove they were at fault, then you are assumed to be.

Al

[Gandalf The White]

Bad luck mate. Hope you get it sorted out soon and in your favor.

[Mercenary]

Ouch! As a biker I can sympathise 100%.

Did you get any witnesses? I'm guessing not!

In which case in your original statement to the police did you mention the fact he said "sorry didn't see you", if you did then possibly your defense might hold out.

Don't know what bike you ride, if you locked up your tyres the police may be able to estimate your speed, if you were within the speed limit with your lights on then you'll be okay. Bikers don't just crash for the hell of it. If not then the van driver will get away with, "one second you weren't there the next you were, must of been speeding!" type b*****ks...

The police are looking to see if there's a case of "driving without due care" or "reckless driving".
Without witnesses then it's your word against his and it's only if there's sufficient evidence to prosecute one party or the other that it could go to court.

Had front brake failure about 8 years ago on my old RD350 and clipped the back end of a Jag, (at slow speed thankfully), and the police came to interview me in the hospital. With the prospect that they might take me to court, but fortunately (for me) it didn't go any further.

If he pulled out and you've got witnesses, go for attempted manslaughter. When it comes to a car pulling out on a biker then a driver is attempting to kill the rider (that's my view at least)

[Al]

I think its probably a push bike that he was on but could be wrong.

And lets not get started on the biker v's car drivers argument please.

Al

[Mercenary]

If it's a push bike then my mistake for going off on one

Won't add anything more to the car vs bike discussion

If it was a push bike then James must be damn quick at peddling or the van driver is as blind as a bat....