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Run over by car on pavement, driver has been charged - what happens next?

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Hi everyone. On Saturday my Sister in Law's husband was walking home from work when a car which was driving recklessly sped over the pavement which was blocking off a dead end, burst a tyre and hit…
Mrs.Z Avatar
2y, 9m agoPosted 2 years, 9 months ago
Hi everyone.

On Saturday my Sister in Law's husband was walking home from work when a car which was driving recklessly sped over the pavement which was blocking off a dead end, burst a tyre and hit him before traveling a small distance with him holding onto the bonnet. When the car stopped I think he came off the car and was knocked unconscious. Thankfully he has no serious injuries he is just very sore and rather battered and bruised.

Since that night we haven't heard anything from the police but upon my SIL chasing them up they have said something along the lines that the driver has been charged with dangerous driving and been bailed, but basically we'd like to know what happens next as we haven't been told anything and don't know how the process goes.

It seems that the driver would have left the scene if his car was movable and the police who dealt with him that evening said that he wasn't a nice character, was very arrogant and rude to the police and wasn't bothered at all at the fact that he had hurt someone, even though the police and doctors have said he could have very easily been killed if he had gone under the car whilst it was moving. It was quite a young guy in a Fiesta, by the time the police had got there he had 8-10 of his friends hanging around with him - none of whom checked on my SILs husband (his phone was also stolen whilst he was unconscious but we don't know by who). These things lead me to assume that the driver is likely to have some kind of previous convictions which I assume would affect the outcome of this?

The only formal witness (even though it was early evening on a main road) seems to be a 10 year old boy who the police have said they can't use as evidence due to his age.

Any advice would be great, thanks in advance and sorry for the long story - I was just trying to get in all the details.
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Mrs.Z Avatar
2y, 9m agoPosted 2 years, 9 months ago
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#1
there should be a liason officer dealing with him

https://www.victimsupport.org.uk/ will have details otherwise that may help.

there are two aspects a criminal and a civil

police will deal with the criminal aspect and will take a statement of his verision of events

previous convictions will have no outcome at this stage, only if he has been found guilty in court of the charges and then on sentencing it is disclosed he has previous convictions for similar offences. Other offences he may have eg drug, burglary etc will have little to no influence unless he is on parole or probation

the injured party when and if able, should contact a solicitor for the civil aspect however
they can make a claim against the insurer or MIB if not insured and can fast track hospital treatment/ physio etc privately that he may need to aid his recovery, which is the let alone compensation. He could make a private prosecution against the driver too if criminal things fail for any reason

he could do both himself, but sometimes its easier to let experts handle things and for him to focus on recovery


Edited By: mrwhitelabel on Jun 23, 2014 22:18: edit
#2
A statement should be taken from sil husband incorporating injuries etc. As injury has been caused and the driver charged there will be a court case. If he pleads guilty your sil husband may not have to attend court, if he pleads not guilty there will be a trial and sil husband will have to attend court unless his evidence is agreed by the defence. Being charged with an offence (probably either careless or dangerous driving) does not mean he will be found guilty, that's what the courts are for. The CPS will provide the court with the evidence and the magistrates will determine guilt, the evidence is usually witness testimony, video or forensic based and quite frankly the more the better. I am not sure why the 10 year old cant be video interviewed for his evidence ? The driver may well have been interviewed and admitted it (wishful thinking)
Sil husband is entitled to the drivers insurance company to make a claim which I suggest he does
#3
The case for the prosecution (Police) will be prepared for court, which can take months, even years. The victim will need a solicitor to represent them, so legal advice should be sought now. It is highly likely that (if the blame fully lies with the car driver as it appears) that a guilty plea will result in a non-custodial sentence, whereas a non-guilty plea will result in a full blown court case and if found guilty could be a custodial sentence.
#4
"The victim will need a solicitor to represent them" since when!!!
#5
There is nothing more you can do now, just wait it out, let the police do their work.
#6
LtfdTony
"The victim will need a solicitor to represent them" since when!!!
To make a claim from the driver /insurance
#7
Slightly off topic but before the olympics the council removed the railings around the pelican crossings why I don't know but maybe they want to improve image rather than safety? that particular crossing had many cars crash into the railings so its a hot spot, and has saved it from hitting people. I've also noticed they have done the same to other pedestrian crossings.
#8
? Your sister-in-laws husband - that makes him your brother, why refer to him as your SIL Husband?
#9
Bigfootpete
? Your sister-in-laws husband - that makes him your brother, why refer to him as your SIL Husband?

mrsZ -<-- poster
mrZ -<-- brother of posters SIL
^
siblings
v
sisterofmrZ <-SIL
sisterofmrZhusband <--- victim, not blood relative


Edited By: brilly on Jun 24, 2014 14:36
#10
Thanks everyone, some useful info here.
He's still not up to much, he's very sore and achey - hasn't been able to get back to work yet as his job is physically demanding.
Police are going to be taking a statement from him today so then I guess we will see what happens after that.

Regarding comp, I assumed that the driver would have to admit liability or be found guilty or something, but I will tel my SIL to look into it.

The victim is my husband's sister's husband - to clear up any confusion.
#11
I would say get legal advice ASAP, my son was cycling on a main road with CCTV coverage, in a cycle lane, a car turned left across him causing quite severe injuries, after a couple of months the police dropped the case on CPS advice, we took the civil prosecution route and he got quite a large payout, although no amount of money makes up for his facial scarring, the driver may now think twice before he repeats his actions.
#12
traceym
I would say get legal advice ASAP, my son was cycling on a main road with CCTV coverage, in a cycle lane, a car turned left across him causing quite severe injuries, after a couple of months the police dropped the case on CPS advice, we took the civil prosecution route and he got quite a large payout, although no amount of money makes up for his facial scarring, the driver may now think twice before he repeats his actions.
Oh no, I hope he has recovered now - it's scary how life can just change in an instant, doesn't matter how careful you are.
I think there is CCTV around there but I don't know if it would have been pointing the right way. I will tell them to seek legal advice but don't know how to go about it - do you just contact a solicitors office?
#13
If you want I can send you the details of the company we used, my car insurers used them when I had an accident and they were brilliant, as they were for my son, he's good now thanks, will always have the scar but being a male not quite so bad.
#14
Have pm'ed you their details
#15
Thanks Tracey, much appreciated - am glad your son is ok now x
#16
Mrs.Z
Thanks everyone, some useful info here.
He's still not up to much, he's very sore and achey - hasn't been able to get back to work yet as his job is physically demanding.
Police are going to be taking a statement from him today so then I guess we will see what happens after that.

Regarding comp, I assumed that the driver would have to admit liability or be found guilty or something, but I will tel my SIL to look into it.

The victim is my husband's sister's husband - to clear up any confusion.
nope the criminal aspect is separate from the civil claim of compensation

they two paths rarely cross

even if he denies / is found not guilty of criminal charges
his insurance will still pay out

no need to wait for the police case to conclude - it will take months


is he a driver himself ?
He may have legal protection from his insurance company or under home insurance who can take up the case for him, thats what its for
alternatively contact a specialist firm direct - avoid claims management companies

try http://www.irwinmitchell.com/personal/personal-injury-compensation a well renowned firm
they work no win no fee and help with rehabilitation - as mentioned previously this is the biggest priority and can arrange private physio etc much quicker than nhs waiting list

Edited By: mrwhitelabel on Jun 26, 2014 12:23
#17
brilly
Bigfootpete
? Your sister-in-laws husband - that makes him your brother, why refer to him as your SIL Husband?
mrsZ -<-- poster
mrZ -<-- brother of posters SIL
^
siblings
v
sisterofmrZ <-SIL
sisterofmrZhusband <--- victim, not blood relative


schooled!!!!

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