Car Accident caused by a Local Council Dustbin Lorry

a.turner

societys_child wrote: »

Where did I say that?


Anyhow, if he (or she) was aware, what's the relevance. They didn't make contact, the accident was caused by the vehicle behind reversing into someone else.

So you're another that cannot see a connection between the bin lorry reversing and mum doing the same.

AdrianC

a.turner wrote: »

So you're another that cannot see a connection between the bin lorry reversing and mum doing the same.

Obviously there's a connection.

That doesn't mean there's a causal connection between the bin wagon reversing towards her car, and her reversing into another car.

a.turner

AdrianC wrote: »

Obviously there's a connection.

That doesn't mean there's a causal connection between the bin wagon reversing towards her car, and her reversing into another car.

What do you think would have happened if the OPs mum had of reversed over a pushchair and caused a death. Would the police dismiss the bin lorry from the investigation?

DoaM

Different situations, different legal tests.

The former is a civil matter, the latter would be a (possible) criminal matter.

AdrianC

a.turner wrote: »

What do you think would have happened if the OPs mum had of reversed over a pushchair and caused a death. Would the police dismiss the bin lorry from the investigation?

Dismiss from the investigation...? Of course not. BUT...

Do I think the bin wagon driver would be held responsible, given the situation described? No.
Do I think the OP's mum would be held responsible, given the situation described? Yes.

a.turner

AdrianC wrote: »

Dismiss from the investigation...? Of course not. BUT...

Do I think the bin wagon driver would be held responsible, given the situation described? No.
Do I think the OP's mum would be held responsible, given the situation described? Yes.

So it's a 3 vehicle accident according to the act.

AdrianC

a.turner wrote: »

So it's a 3 vehicle accident according to the act.

Show your working.

a.turner

DoaM wrote: »

Different situations, different legal tests.

The former is a civil matter, the latter would be a (possible) criminal matter.

The road traffic act isn't civil.

Car_54

a.turner wrote: »

So it's a 3 vehicle accident according to the act.

The RTA (section 170 et seq.) covers accidents occurring “owing to the presence of” a vehicle.
It appears obvious that this particular collision was not caused by the presence of the bin lorry.
The lady may have felt threatened by the bin lorry, but she chose a course of action which was manifestly dangerous (reversing without looking) when other options were available, and that is what caused the collision.

a.turner

Car_54 wrote: »

The RTA (section 170 et seq.) covers accidents occurring “owing to the presence of” a vehicle.
It appears obvious that this particular collision was not caused by the presence of the bin lorry.
The lady may have felt threatened by the bin lorry, but she chose a course of action which was manifestly dangerous (reversing without looking) when other options were available, and that is what caused the collision.

So if there was no bin lorry she would have reversed anyway?

Glad you've cleared that one up.