Prosecution?

justme111

My daughter (14) has been hit by a car in a pedestrian crossing. Broken arm , hopefully no other major injuries although it is not clear . The policeman who dealt with it has been asking what I think re prosecution and I have no idea. I do not want to cause grief to the driver- I am sure they already been tormented enough and it may happen to anyone i reckon if unlucky - cars are dangerous items. But I have no idea of implications of having criminal prosecution or not happening - I will phone a personal injury solicitor but wanted to hear opinions of not interested parties as I am aware interests of a solicitor may not exactly align with ours ..

Mistral001

It is an offense to drive on a pedestrian crossing when a pedestrian is on it, which I assume is what occurred here. So the police will prosecute that if they have enough evidence.

unholyangel

Whether an offence has been committed depends on exact circumstances.

For example on a zebra crossing, pedestrians only have precedence if they are on the carriageway within the limits of the crossing before any part of a vehicle has entered those limits.

OP, you seem awfully forgiving of the driver so what were the circumstances?

missile

If you intend making a claim for damages, it will be much easier to prove your case if the driver is prosecuted.

justme111

The guy did not see them as they were on a central island just stepping on the road and they did not see him as they did not look because they were talking. I myself was in disbelief first how can one not see a pedestrian in front of them in a broad daylight but I understand if they are on a pavement in a motion of stepping in the brain may not register them as something relevant if one did not register there is a crossing. Re forgiving - I know he did not want to do it; I know we are all at risk in happening in his position- momentous lapse of concentration is all it takes.

sevenhills

justme111 wrote: »

I know we are all at risk in happening in his position- momentous lapse of concentration is all it takes.

You are being too understanding. I drive a minibus and I understand that it requires my full attention. Many will tell you that they have not had a acidentin xx years.

loskie

OP I think you may want to consider deleting your post and giving no further details. If a prosecution is pending then your posts could jeopardise that.

If you feel the driver was wrong then push the Police to prosecute. But be entirely honest.

missile

justme111 wrote: »

My daughter (14) has been hit by a car in a pedestrian crossing. Broken arm , hopefully no other major injuries although it is not clear . The policeman who dealt with it has been asking what I think re prosecution and I have no idea. I do not want to cause grief to the driver- I am sure they already been tormented enough and it may happen to anyone i reckon if unlucky - cars are dangerous items. But I have no idea of implications of having criminal prosecution or not happening - I will phone a personal injury solicitor but wanted to hear opinions of not interested parties as I am aware interests of a solicitor may not exactly align with ours ..

I am sure the driver is tormented .. by the fear he will be prosecuted.
IMHO, if the driver was truly remorseful, he would have already made contact to find out the extent of her injuries and express his regret for the pain and suffering he has caused.

Car_54

loskie wrote: »

OP I think you may want to consider deleting your post and giving no further details. If a prosecution is pending then your posts could jeopardise that.

How so? The OP has given no name, date or location.

Johno100

justme111 wrote: »

The guy did not see them as they were on a central island just stepping on the road and they did not see him as they did not look because they were talking. I myself was in disbelief first how can one not see a pedestrian in front of them in a broad daylight but I understand if they are on a pavement in a motion of stepping in the brain may not register them as something relevant if one did not register there is a crossing. Re forgiving - I know he did not want to do it; I know we are all at risk in happening in his position- momentous lapse of concentration is all it takes.

That could be an issue, many pedestrians don't understand that a zebra crossing with a central island is in fact two separate crossings (Rule 20 of the Highway Code) and they need to ensure that traffic is stopping/stopped before crossing the second carriageway.

Mistral001

Can the injured party press charges for a road traffic offence? I know they can in the case of an assault or for theft etc. But can they in the case of careless driving etc. I have never heard of a case where the police do not want to prosecute a road accident but the injured party wants to press charges. I genuinely do not know. It could be just very unusual rather than impossible.