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Will he be charged

43 replies

Whatmonth · 02/04/2024 21:54

I've posted this in chat as well.

grandson 18 was driving with 3 mates.
He was driving down an unfamiliar road.
Came down a hill and there is a very sharp bend with a stop junction.
The sign to give way is behind the corner and a lamppost.
No other car was involved. His car went into a wall.
At the scene he was arrested as the lads in the back were hurt.
Released without charge or bail. Waiting for any reports to come back.
One badly bruised, the other had a couple of broken ribs.
DGS was tested for drink and drugs both negative.
(Waited 4 months for the results of drugs)
Police have confirmed he wasn't speeding.
No problem with his car.
Insurance company are saying they class it as an accident.
They agree the stop and give way sign are in the wrong place.
The police officer is going to discuss the case with his chief officer
which could take a few days.
In this situation does anyone know whether he will get a caution, fine, points or what.

OP posts:
ticktickticktickBOOM · 02/04/2024 21:59

He clearly can't assess risk and can't drive. If he can't assess a corner he shouldn't be behind the wheel, that could have been another car, a pedestrian, or someones's house.

Idiot.

WiggyPig · 02/04/2024 22:07

Impossible to say really - if he has a full driving licence, was properly insured and the car had an MOT, and the insurers really do say that the signs were inadequate, then could well be no further action.

Worst case scenario based on what you've told us is a charge of causing serious injury by careless driving, probably at culpability C and harm 2, so a community order and a ban https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/causing-serious-injury-by-careless-or-inconsiderate-driving/

Causing serious injury by careless or inconsiderate driving – Sentencing

https://www.sentencingcouncil.org.uk/offences/magistrates-court/item/causing-serious-injury-by-careless-or-inconsiderate-driving

SignoraVolpe · 02/04/2024 22:12

Was it a Stop or a Give Way?
It sounds as if his lack of experience contributed to the accident.
I don't think the police will prosecute.

ticktickticktickBOOM · 02/04/2024 22:12

He was obviously driving like a dick showing off to his mates. Otherwise, that 'corner' would have had loads of similar accidental accidents.

Just suck it up - he was driving too fast and is too immature to be on the road.

easilydistracted1 · 02/04/2024 22:16

They may offer him a driver education course. Which if they do he should grab with both hands and see what he can learn from. Noone was there so we can't be sure but it sounds like he was driving way too fast for a blind unknown bend. It's lucky everyone got out ok including him. If they do look to caution or charge it's worth getting some good legal advice

Whatmonth · 02/04/2024 22:21

@ticktickticktickBOOM even the police said he wasn't speeding.
In the last 5years there has been over 45 accidents in that spot.
Marvelous what Google brings up.

OP posts:
Whatmonth · 02/04/2024 22:22

Proof he wasn't speeding is the black box for his insurance.

OP posts:
ticktickticktickBOOM · 02/04/2024 22:27

He was going so fast he nearly killed his mates.

Just be glad they are all alive.

Whether he gets prosecuted now is by the by.

ArmchairPhycologist · 02/04/2024 22:30

Just because someone isn't speeding it doesn't mean they weren't going too fast for the conditions.

LIZS · 02/04/2024 22:32

So he failed to brake sufficiently either for the bend or the Stop sign?

User478 · 02/04/2024 22:35

If the police have already accepted that the signage was incorrect they will not prosecute, it's not worth it.

His punishment will be the increased insurance premiums for the next few years.

Thefutureisourownpath · 02/04/2024 22:35

If the sign was on the wrong place or not visible (hopefully he has pictures of the scene) then I doubt anything will happen - it is just an accident although highways should be petitioned for better signage and he needs to drive slower and be more cautious- you go very slowly around bends etc as you never know what idiot is coming round. He hit a wall / tree it wasn’t moving.

Whatmonth · 02/04/2024 22:42

Black box is proof he wasn't speeding.
Police says he wasn't speeding.

There are plenty of photos the road and signage.

OP posts:
PumpkinPie2016 · 02/04/2024 22:45

Given that he was not speeding, nor under the influence of drink or drugs and it has been agreed that the signage was inappropriate, it is probably unlikely he will be prosecuted.

Accidents do happen. There is, from what you have said, no evidence that he was driving recklessly. He made a mistake, possibly because the signage wasn't up to scratch. You also said there have been multiple other accidents in the same spot, which does suggest an issue with that particular bit of road.

I hope all turns out well for him.

ticktickticktickBOOM · 02/04/2024 22:50

Whatmonth · 02/04/2024 22:42

Black box is proof he wasn't speeding.
Police says he wasn't speeding.

There are plenty of photos the road and signage.

It's not purely about speeding though is it.

He's clearly not capable of judgement. You can't drive purely by signage - you need a degree of common sense. He nearly killed his friends - why are you not understanding that he already got off lightly?

He can't drive safely - simple as that.

DreamTheMoors · 02/04/2024 22:51

ticktickticktickBOOM · 02/04/2024 22:50

It's not purely about speeding though is it.

He's clearly not capable of judgement. You can't drive purely by signage - you need a degree of common sense. He nearly killed his friends - why are you not understanding that he already got off lightly?

He can't drive safely - simple as that.

And you can’t help but be rude and disrespectful.

It’s as simple as that.

ticktickticktickBOOM · 02/04/2024 22:53

DreamTheMoors · 02/04/2024 22:51

And you can’t help but be rude and disrespectful.

It’s as simple as that.

What did I write that you deem rude and/or disrespectful?

healthadvice123 · 02/04/2024 22:56

@ticktickticktickBOOM you don’t know that and are just assuming . Hundreds of people have accidents due to a lack of judgement or inexperience etc, accidents do happen.the amount of accidents in that spot is very high so it seems its not ideal and needs to be addressed.
most on here have offered no actual advice just pure judgement some of which i. E he was speeding is not even true.
OP i don’t think anyone can tell your for sure as no one other than the police involved can no for sure.

healthadvice123 · 02/04/2024 22:59

@ticktickticktickBOOM have you always driven perfectly ? Never gone 1 mph over the speed limit, never had another driver beep you. I guarantee hardly anyone on the road has not done or had that happen and at anytime one of these could of causes a crash.
im sure OP grandson was shaken up by the incident and worried for his friends so will have learnt something and maybe be extra cautious and will def pay high premiums for a while. But your just judgemental and there was no need , Op asked wether people thought he would be charged not your opinion

ticktickticktickBOOM · 02/04/2024 23:01

hmmmmmm @healthadvice123 I think two of your mates getting badly bruised and ending up with broken ribs is a sure sign that the driver was driving pretty badly. He literally drove straight into a brick wall.

I've driven all over the country on a log of dodgy, tiny, steep, narrow roads for 30 years and never injured anybody so far.

We were all inexperienced once - the answer if you're not sure is that you drive LOADS MORE CAREFULLY.

ticktickticktickBOOM · 02/04/2024 23:02

healthadvice123 · 02/04/2024 22:59

@ticktickticktickBOOM have you always driven perfectly ? Never gone 1 mph over the speed limit, never had another driver beep you. I guarantee hardly anyone on the road has not done or had that happen and at anytime one of these could of causes a crash.
im sure OP grandson was shaken up by the incident and worried for his friends so will have learnt something and maybe be extra cautious and will def pay high premiums for a while. But your just judgemental and there was no need , Op asked wether people thought he would be charged not your opinion

I've never driven into a brick wall - no.

I have eyes.

healthadvice123 · 02/04/2024 23:06

@ticktickticktickBOOM not what i asked though is it ? Any action like going over the limit or maybe misjudging pulling out can cause an accident it only takes a moments lapse so therefore you may have not Hit something but could of.
the op has said signs are poor and it appears to be an accident blackspot so its not so clear cut

DreamTheMoors · 02/04/2024 23:09

ticktickticktickBOOM · 02/04/2024 22:53

What did I write that you deem rude and/or disrespectful?

Every. Single. Solitary. Post.

ticktickticktickBOOM · 02/04/2024 23:10

He drove into a wall. That's not a moments lapse. Perhaps you'd judge this differently if there was a pedestrian on the pavement at that time. Luckily there wasn't and luckily none of his friends died from a punctured lung. Sounds like it was pretty close though.

FFSNorman · 02/04/2024 23:13

Sounds like No Further Action to me OP. The history of other RTCs there and black box evidence of non-speeding…can’t see any Points to Prove ticked here.