Went into the back of a BMW, how do I deal with this?
Comments
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Certainly an interesting case though "reaching for a sweet" is misleading as it makes it sound like he was just grabbing something from a tin in the car.
In the wording of that article he was not reaching for a sweet but rather "searching" in the pockets of a jacket draped across the passenger seat which is a lot different
The Munch-Petersen case attracted a lot of media interest at the time, and I believe M-P wrote a book about his experience. The incident was caught on film, which was used in evidence. In searching for the sweet, the driver was seen to have taken his eyes off the road for almost two seconds.
M-P thought he had been harshly treated for what he saw as an accident. The appeal court did not agree, and upheld the verdict and sentence.0 -
If you are wearing the earpieces and talking on a phone when driving and had a crash, how would you prove that if you have a crash? I mean the phone would show it was being used at the time of the crash so is there a history of blue tooth use as well on the phone? My earpiece uses blue tooth.0
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applepicker wrote: »If you are wearing the earpieces and talking on a phone when driving and had a crash, how would you prove that if you have a crash? I mean the phone would show it was being used at the time of the crash so is there a history of blue tooth use as well on the phone? My earpiece uses blue tooth.
If you have caused the crash (as in the OP's case), then it would be more sensible to charge you with careless driving which is a more serious offence than mobile phone use, and also easier to prove in a rear-end shunt.0 -
applepicker wrote: »If you are wearing the earpieces and talking on a phone when driving and had a crash, how would you prove that if you have a crash? I mean the phone would show it was being used at the time of the crash so is there a history of blue tooth use as well on the phone? My earpiece uses blue tooth.
Do you have to touch your phone to make or receive calls though?0 -
Absolutely. Your right to claim for injuries in an accident is a right that, by law, you cannot sign away. That's why so many so-called 'disclaimers' are not worth the paper they are written on.applepicker wrote: »I thought small issues were better dealt with outside of insurance companies. Explain?
See above post....OP come back on when/if you get a personal injury claim, lets hope you dont.0 -
Even if you have to touch the phone to make or receive calls (such as having to press a button or the screen to answer it), you are not breaking the law as far as the legislation regarding mobile phone use is concerned.straighttalker wrote: »Do you have to touch your phone to make or receive calls though?
To commit an offence, you must actually be holding the phone at some point whilst using it.0 -
shaun_from_Africa wrote: »Even if you have to touch the phone to make or receive calls (such as having to press a button or the screen to answer it), you are not breaking the law as far as the legislation regarding mobile phone use is concerned.
To commit an offence, you must actually be holding the phone at some point whilst using it.
It maybe the case in Africa, but in the UK you just have to USE a hand held device....Phone in a cradle and your tapping away, you are using it, you dont need to be holding it - speaking into a hands free device seems to be ok.
https://www.gov.uk/using-mobile-phones-when-driving-the-law0 -
foxy-stoat wrote: »It maybe the case in Africa, but in the UK you just have to USE a hand held device....Phone in a cradle and your tapping away, you are using it, you dont need to be holding it - speaking into a hands free device seems to be ok.
https://www.gov.uk/using-mobile-phones-when-driving-the-law
But the actual legislation states:
http://www.legislation.gov.uk/uksi/2003/2695/madea mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;
Therefore if you don't have to actually hold it because it is placed in a mount, it is not classed as being hand held.0 -
foxy-stoat wrote: »It maybe the case in Africa, but in the UK you just have to USE a hand held device....Phone in a cradle and your tapping away, you are using it
Surely you can see the contradiction there.
Yes, it is normally illegal to use a hand held device to make or receive calls but once the phone is placed in a cradle it is no longer a hand held device as there is no necessity to hold it.0 -
shaun_from_Africa wrote: »But the actual legislation states:
http://www.legislation.gov.uk/uksi/2003/2695/made
Therefore if you don't have to actually hold it because it is placed in a mount, it is not classed as being hand held.
I see, so you can tap the screen for making or receiving a call but not sending a text while its in the cradle.
But still a gamble I wouldnt want to take :
Using hands-free devices when driving
You can use hands-free phones, sat navs and 2-way radios when you’re driving or riding. But if the police think you’re distracted and not in control of your vehicle you could still get stopped and penalised.0
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