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Driving without due care and attention HGV

Hi, my husband is a HGV driver and has held his licence since april 2007. In November he had an accident with a car in his lorry. this is going to sound very long winded but i ve found that to get the best advise you need to give all the info.

We've just had a letter through from the police saying that he has two choices he can admit fault and attend a driving course or can go to court and fight his case. does anyone have any ideas as too what each one will cost and what is involved (points and fine, need for solicitors). the problem is we dont have a lot of money and need to find the cheapest option. he has been advised that if it goes to court he does have a very good case in his favour. and to this day the lorry has never been inspected for how the accident happened (impact zones and damage).

right this is what happend.

they had just pulled away from some traffic lights on a duel carriage way which filtered into one lane (fast into slow), my husband was in the fast lane and the car was in the slow. from what we can work out the car had been sat in his blind spot from the lights and had stayed there until the accident. my husband had accelerated with traffic and was just under the speed limit. before the lanes joined my husband was doing all of his mirror checks and saw that the car in front accelerated and the car behind slowed giving him room to move over in the filter. as he moved over all he heard was a bang then saw the car side on in front of him. now normally from the sound of this you would of thought my husband had court the rear drivers corner of the car with his passenger side, causing him to turn side ways in front of him. you would also of thought there would be considerable damage to both sides of the lorry for this to be the case. well the fact of this is that the only damage to the lorry was on the drivers corner not even a scratch on the passenger. so our case is that how did the car turn across him without him touching the lorry, did the car driver lose control or something no one knows bar the car driver. the officer involved turned up and spoke to the one witness which was the car driver in front who says he saw the hole thing in his rear view mirror from 50 yrds up the road. he says he clipped him with his passenger side causing him to turn across the lorry. even the firemen involved commented that they did nt understand how the accident had happened given the damage to the lorry. the officer then questioned my husband and advised him of the caution and that he was passing the case to the cps. and here we are. please please what would you advise for the best. should he accept responsibility even though he feels it was nt his fault and should he go on the course. or should he go to court.
many thanks.:confused:
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Comments

  • Conor_3
    Conor_3 Posts: 6,944 Forumite
    Pretty much looks like it was his fault. It's quite easy to have a gentle impact with a car in a lorry and not do any noticable damage but it's enough to spin the car. It's not how hard you hit the car with the initial impact but how much pushing you continue to do after.
    He's going to have a hard time convincing a magistrate TBH.
  • vikingaero
    vikingaero Posts: 10,920 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    If it's an option between a driving course or the Courts then I would get your hubby to stump up for the course and be a co-operative student. It's his livelihood and he needs to do all he can to preserve the points on his licence.
    The man without a signature.
  • Quinny_2
    Quinny_2 Posts: 1,351 Forumite
    As an HGV driver myself,it's all too easy for most sections of society to blame the driver,and I know through experience.

    The first question I'm going to ask,is he in a union?

    If he is,then subject to the right monthly subs,he will get a solicitor foc,and if and when it goes to court,he'll get legal representation.This will save you a lot of money in legal fees,and if he does get found guilty,then at least he will have had a chance to get his point across,and it not costing the earth.Also,the court would want to know what your monthly incomings and outgoings are,in order that they will tell him how much to pay per month once the fine is set.

    Although I'm a self employed driver,I am still in a union,purely for the legal representation alone,should I need it.

    The other alternative is,as has been said,to find out how much the course will cost,in order that it will avoid points on the licence.At least this way,it will keep the licence clean,however,I find that going on one of these,is an admission of guilt,and if he is convinced that he is in the right,then fighting it is the way to go,and the key to your post,could lie in the comment of the fire officer.It sounds to me,that he could be a vital witness.

    It wasn't in the Northamptonshire or Leicestershire area was it?

    I know that these 2 forces do the road safety course awareness that you are on about,as I have a friend who has been to both of these forces to attend such a course.

    Ken.
    That's my mutt in the picture above.
  • vansboy
    vansboy Posts: 6,483 Forumite
    Part of the Furniture 1,000 Posts
    Think I'd choose the course option - does this mean no points or further action for DEFINITE, or are there any other little clauses??

    VB
  • Conor_3
    Conor_3 Posts: 6,944 Forumite
    Quinny wrote: »
    As an HGV driver myself,it's all too easy for most sections of society to blame the driver,and I know through experience.

    I've been driving lorries 15 years...
  • anewman
    anewman Posts: 9,200 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Quinny wrote: »
    As an HGV driver myself,it's all too easy for most sections of society to blame the driver,and I know through experience.
    In my experience too many lorry drivers don't know what their mirrors are there for and like to move into the next lane whether there's a car at the side of them or not. Fair enough the lorry drivers that do this are probably in the minority, yet highly irritating when it happens to you and you have to deal with it.
  • In my experience a large number of car drivers are totally clueless regarding the size of a lorry, the amount of space it needs for a manoeuvre and that it can't change speed or direction as quickly as a car.
    Happy chappy
  • anewman
    anewman Posts: 9,200 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    In my experience a large number of car drivers are totally clueless regarding the size of a lorry, the amount of space it needs for a manoeuvre and that it can't change speed or direction as quickly as a car.

    I'm aware there are a very high number of gears and there is a small power band. It's the lorry driver who needs to be aware of the length of their lorry if they want to move into the next lane while slowly climbing towards 60 with a car doing 70 in the lane at the side of them at the time. They obviously need to go slower and wait to pull out *after* the car has passed in order to overtake safely. I have provided an illustration of the situation below as I feel my point may be being missed...

    lorry2.gif
  • Conor_3
    Conor_3 Posts: 6,944 Forumite
    anewman wrote: »
    In my experience too many lorry drivers don't know what their mirrors are there for and like to move into the next lane whether there's a car at the side of them or not. Fair enough the lorry drivers that do this are probably in the minority, yet highly irritating when it happens to you and you have to deal with it.

    Virtually all sideswipes are done by foreign drivers in left hookers.

    TBH, I'm surprised it doesn't happen more. Even with correctly adjusted mirrors, cabs on artics are now so high that you can completely lose a car down the nearside.

    It should be mandatory for all car drivers to go sit in a wagon so they can see for themselves. It would certainly open up many eyes.

    Looking on the bright side, unlike 20% of car drivers, pretty much all of us are insured.
  • nickcc
    nickcc Posts: 2,265 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    All vehicles have blind spots, most accidents are accidental. I would advise your Husband to take the course. No points no loss of job. If he goes to court he could end up with points and no job. I hold a C&E and D&E licence (hgv/pcv) and would not take the risk if i had the option.
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