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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Driving accident

61 replies

LetsGoChamp · 16/04/2021 11:25

Probably a little outing but my DSis had an accident that wasn’t her fault. Car speeding and not paying attention went into the side of her at an island from the left. Car flipped a few times and she was very lucky to come out basically unharmed.

Police on scene breathalysed the other driver etc.

Will she get charged with anything? I’d like to think so. This was on a quiet street, literally outside a nursery.

OP posts:
LakieLady · 16/04/2021 11:35

Sounds like driving without due care and attention to me, at least. That's what my DF got charged with when he pulled out in front of a cyclist and motorcyclist (2 separate incidents, my DF was a terrible driver).

If the other driver was going much too fast, it could meet the threshold for dangerous driving.

And if she was over the limit, it's a ban for DUI.

LongTimeMammaBear · 16/04/2021 11:36

If your Dsis was already on the roundabout and the person who hit her didn’t yield to her when joining the round about, they are at fault.

sunflowersandbuttercups · 16/04/2021 11:37

It depends if anyone was hurt, to be honest. Even if police attended they may not do anything if the other driver was sober and legal to drive.

In my experience if there are no injuries or damage to public property then the police generally leave it to the insurance companies to deal with.

Original poster
LetsGoChamp · 16/04/2021 11:38

She wasn’t over the limit. I think she was obviously in a rush for whatever reason and thought she’d make it. DS was nearly over the island and she went full force into the back door passenger side.

She hasn’t heard anymore from the police and is reluctant to chase incase they’re busy but has a crime reference number. Do you think if she rang and asked if they’ll be charging her they’d tell her?

OP posts:
Original poster
LetsGoChamp · 16/04/2021 11:41

@sunflowersandbuttercups do you know why that is? She’s had to have a few days off work her side and arm have been sore but no serious injuries, thank god! Car is a write off. She was legal to drive but my DS car flipped 2/3 times she was obviously giving it some welly.

Surely if we’re not charging these drivers/ giving them points for speeding and causing accidents then next time they could seriously harm/ kill someone.

OP posts:
HaveringWavering · 16/04/2021 11:43

I can’t picture the scene, can you do a diagram? Was the other car coming out of a T junction?

MrsTulipTattsyrup · 16/04/2021 11:48

It takes a very long time for you to hear anything but consequences can and do happen. I was in a big accident caused by a twat in a stolen car steaming down a slip road and ploughing into queuing traffic. He ran away but was arrested when he took himself to hospital (hadn’t been wearing a seatbelt). I didn’t hear anything for about 18 months but eventually had a letter from the police to say he’d been tried and given a custodial sentence.

Another time I was driven into from behind while stationary at a junction. That driver was reported for due care and attention and I heard about 8 months later that he’d been given the option of prosecution or a course, and chose the course.

So I guess you won’t know until there’s an event proving fault, which can be passed on to insurers. I don’t think they’ll keep you up to date with the process unless you’re needed as a witness or otherwise closely involved.

Original poster
LetsGoChamp · 16/04/2021 11:48

DS going straight on at an island. Other car comes from left. Hopefully picture is clear, I am not an artist lol!

Sis 2 is where here car ended up, upside down.

Driving accident
OP posts:
HaveringWavering · 16/04/2021 11:51

Ah OK. That’s a mini roundabout, not an island.

MadeForThis · 16/04/2021 11:51

The other car is obviously at fault. She had already entered the roundabout. The other driver should have been prepared for cars coming from their right.

HaveringWavering · 16/04/2021 11:54

Must have been terrifying for your sister OP, glad she is OK and no kids in the car.

Angrypregnantlady · 16/04/2021 11:57

Just looks like an accident. Probably looking at oncoming traffic and expected your DS to be out of the way quicker. No one was seriously injured or driving illegally. She may get driving without due care and attention but I'd be surprised, most accidents are caused by driving without due care and attention but the police don't get involved in them all.

She made a mistake, she doesn't sound like a criminal.

Original poster
LetsGoChamp · 16/04/2021 12:00

We know she is at fault as she is coming from the left. I just wondered the likelihood of her being charged with anything for driving so carelessly. DSIS is only young really and sometimes has my DS in the car right where it hit so I think she is thinking ‘what if’ so would like to see something done but doesn’t want to chase police incase they’re busy.

Yes sorry for confusing anyone, it is a mini roundabout. Locals call it the ‘shop’ island and I didn’t think to change it.

Thanks for all the replies so far!

OP posts:
Original poster
LetsGoChamp · 16/04/2021 12:04

@Angrypregnantlady I get what you’re saying but she absolutely could of been seriously injured as the impact was very hard. Car ended up on a pavement outside a nursery. I know it’s a lot of ‘what ifs’ but surely the fact she was speeding is what caused the impact to be so severe. You can’t really speed by accident. Lots of witnesses that say she was in fact speeding.

I’m not saying she is a criminal, it might well be a mistake but it’s a dangerous one isn’t it? She could of absolutely killed someone so surely she deserves some kind of punishment? Points, a driving course?

OP posts:
Tibtab · 16/04/2021 12:05

But she’s not at fault if she entered the island before the other car, if they hit her on the side then she must have been?

Clymene · 16/04/2021 12:07

Well she'll probably get charged with driving without due care and attention

DappledThings · 16/04/2021 12:09

@HaveringWavering

Ah OK. That’s a mini roundabout, not an island.
All roundabouts are called islands in the Midlands
malmi · 16/04/2021 12:12

Islands are the pedestrian refuges that you use when you're crossing the road, so you can cross one half at a time. But for some reason lots of people call roundabouts "islands".

murbblurb · 16/04/2021 12:12

I'm puzzled - who was speeding? To do that many barrel rolls someone was clearly driving at a stupid speed. Not an accident, the consequence of dangerous driving. Whoever was going that fast needs prosecuting and banning. Probably won't happen though, causing injury or death with a car gets lightly treated.

Original poster
LetsGoChamp · 16/04/2021 12:22

Thanks everyone for clarifying - I am in the Midlands @DappledThings so it’s just an island to me 🤷🏻‍♀️

The other driver was speeding, not DS.

DS had very nearly exited the island before the car hit her. So it is definitely not her fault the accident occurred.

OP posts:
TheOnlyLivingBoyInNewCross · 16/04/2021 12:35

I'm amazed at the posters who seem quite relaxed about the other driver's part in this. How fast do you have to be going to actually hit a car hard enough to barrel-roll it?! It must have been terrifying.

Jessbow · 16/04/2021 12:37

I doubt you car was at fault, unless they changed course at the last minute.

The only thing I wouldnt assume, is the other car was speeding- It could be said, whatever the rights of way, he shouldn't have crossed the path of a speeding car.

WiddlinDiddlin · 16/04/2021 12:38

They will deal with the driver appropriately - you can ring and ask but whether you or your DS will find out all the finer details I don't know.

We were in a similar accident years ago, the driver of the car that hit us slammed into the passenger side door where I was sitting. We stopped, I got out to talk to her... and..... she disappeared off into the distance, front end of her car crumpled, metal hanging off it..... never to be seen again.

Be thankful the driver of the car in this case didn't just do a runner!

KatherineOfGaunt · 16/04/2021 12:42

Ah, I understand now. In your OP you ask if "she" will be charged, then you say "she" came from the left so is at fault. I think people (me included) assumed the she was your sister, but you mean the driver of the other car.

Yes, it may be that the other driver will be charged with dangerous driving if police can prove they were speeding (witness accounts, why/how your sister'scar flipped over etc).

slashlover · 16/04/2021 12:48

@LetsGoChamp

We know she is at fault as she is coming from the left. I just wondered the likelihood of her being charged with anything for driving so carelessly. DSIS is only young really and sometimes has my DS in the car right where it hit so I think she is thinking ‘what if’ so would like to see something done but doesn’t want to chase police incase they’re busy.

Yes sorry for confusing anyone, it is a mini roundabout. Locals call it the ‘shop’ island and I didn’t think to change it.

Thanks for all the replies so far!

How was your sister driving carelessly? She wasn't speeding and looks like she was pulling off of the mini roundabout.