Car Crash Breath Testing?

Ardennes1944

My girlfriend ,her sister and mother were in a car crash yesterday on the midleton road, got rear ended by a muppet flying down off the ramp. Anyway, I always thought nowadays that it was mandatory for guards to breath test both drivers, if not everyone involved? The guard yesterday (who was a power tripping asshole) did not do this and now that her insurance company has the details, they are very suspicious of how they dealt with the whole thing.

On another note, the crash happened about 3pm , it was 4.15 by the time the guards got there and half 4 by the time an ambulance came. The first time we rang 999, there must've been a lapse in communication as the ambulance services weren't even notified! You wouldn't want to have been ****ing bleeding to death would you!

Dymo

Do you think the other driver was drinking? I sure the garda has to make a decision on his judgment and thought it was unnecessary for a breath test or maybe he didn't have the equipment in his car.

Ardennes1944

I didnt hardly look at the other driver tbh but no she didn't. My gfs uncle is a guard up the country and he said it's mandatory to do so regardless. When we were in a&e a bunch of girls came in from a car crash and they had all been tested.

seamus

Since 1st June it has been mandatory to test all conscious drivers at the roadside. I would make a complaint to the local Sergeant about the whole way the thing was handled.

Ardennes1944

thanks Seamus, will do.

MugMugs

Ardennes1944 wrote: »

The guard yesterday (who was a power tripping asshole) did not do this and now that her insurance company has the details, they are very suspicious of how they dealt with the whole thing.

Ardennes1944 wrote: »

I didnt hardly look at the other driver tbh but no she didn't.

Am I missing something here ?

The Insurance company are suspcious that a Third Party collided with the rear of your other half's moving vehicle because the Garda did NOT breath test both parties at the scene and you're upset about this irrespecitve of the fact that you do not believe the third party was "under the influence"

right....

Whats the issue exactly?

Also, Was anybody injured ? As if not, the Gardai dont actually have to be there.

seamus

Ardennes1944 wrote: »

thanks Seamus, will do.

Sorry, actually a correction on my post - mandatory breath testing is only required where there are injuries, or the Garda suspects either driver is over the limit.

Ardennes1944

yes she did not look like she was over the limit, but the limit is so low nowadays would you really know?if i was in a&e then of course there were injuries.
and its not just the breath testing that has them suspicious it seems the details the guard took were severely lacking

MugMugs

Ardennes1944 wrote: »

and its not just the breath testing that has them suspicious it seems the details the guard took were severely lacking

Eh, Gardai dont work for Insurance Companies and in most likelyhood, the Insurer will obtain none of the Information that a Garda will obtain from a traffic accident.

Requesting a Garda report as an Insurer is as productive as writing to the Gardai requesting a nice Garda Siochana letterhead stating that "our investigations are ongoing"

Thats the most I've ever obtained from the Gardai.

Ask your Insurer to do their job and substantiate their suspcions or settle your claim and subrogate from the third party.

Ardennes1944

why are you being so smart?

vibe666

Ardennes1944 wrote: »

why are you being so smart?

its boards.ie, you kinda have to take it as a given unfortunately.

MugMugs

Ardennes1944 wrote: »

why are you being so smart?

If you actually read what I put up there for you then you would see I was trying to help you.

vibe666 wrote: »

its boards.ie, you kinda have to take it as a given unfortunately.

Productive......... Real productive.

-Chris-

Alright, everybody relax and take a deep breath.

Ardennes1944

MugMugs wrote: »

If you actually read what I put up there for you then you would see I was trying to help you.



Productive......... Real productive.

you seemed more to be showing everywhere you think i am wrong, which is fine as i could be, but in a smart arsed way.

-Chris-

Ardennes1944 wrote: »

you seemed more to be showing everywhere you think i am wrong, which is fine as i could be, but in a smart arsed way.

@everyone - drop it.

EI_Flyboy

Ya know, I think what might be happening here is that there's an unwritten rule that if no fatalities are involved, no one gets breath-tested. This may seem like a dereliction of duty but the thing is, insurance will not cover drunk driving. When it comes time to claim against them, you'd find you end up with less compensation than you would have had they not been breathylised. So maybe, just maybe the Gards did you a favour...!

MugMugs

EI_Flyboy wrote: »

Ya know, I think what might be happening here is that there's an unwritten rule that if no fatalities are involved, no one gets breath-tested. This may seem like a dereliction of duty but the thing is, insurance will not cover drunk driving. When it comes time to claim against them, you'd find you end up with less compensation than you would have had they not been breathylised. So maybe, just maybe the Gards did you a favour...!

An Insurer would refuse an "Own Damage" claim but is legally obliged to compensate the innocent third party for their loss and can then choose to recovery their outlay from their Insured.

seamus

EI_Flyboy wrote: »

insurance will not cover drunk driving.

Yes it will.

The insurance company are required by law to cover all 3rd-party claims against their client, if the client is found liable.

Whether the client was in breach of their terms of insurance is civil matter between them and the insurance company, but it does not allow the insurance company to escape covering their 3rd party liabilities.

si_guru

-Chris- wrote: »

Alright, everybody relax and take a deep breath.

...then blow into this bag.

It BeeMee

I was breathalised a few weeks ago after a fender-bender.

No injuries, but the guard did say it was mandatory in any collision.

Hifiman

It BeeMee wrote: »

I was breathalised a few weeks ago after a fender-bender.

No injuries, but the guard did say it was mandatory in any collision.

Well that Garda was wrong! it's only mandatory in cases where injuries are involved (or where the Garda has a suspicion that you were over the limit). Anyway, the roadside test is merely a screening operation and can't measure actual alcohol levels. (I'm amazed at the amount of people who don't know this) if a driver was under suspicion - he/she would have to be arrested, taken to a Garda station where there was an intoxilser present, observed for 20 minutes and then blow into the machine. The lowest of two readings are taken - and then 17% deducted from that figure. If this had to happen for every minor accident the Gardai would be breathalising all day.

Gophur

seamus wrote: »

............. I would make a complaint to the local Sergeant about the whole way the thing was handled.

Ardennes1944 wrote: »

thanks Seamus, will do.

With all due respect, Ardennes, you have no business making any complaint. You stated the incident involved your girlfriend, her mother and her sister. You have no involvement in the incident and any complaint by you will be and should be thrown out.

If your GF wants to make a complaint then so be it, but you should keep schtum.


(As for whether the other driver was under the influence? Let the Gardai deal with it and let the ladies be grateful nobody was seriously hurt. Also, let the solicitors and Insurance companies do all the worrying from now on?)

Ardennes1944

Gophur wrote: »

With all due respect, Ardennes, you have no business making any complaint. You stated the incident involved your girlfriend, her mother and her sister. You have no involvement in the incident and any complaint by you will be and should be thrown out.

If your GF wants to make a complaint then so be it, but you should keep schtum.


(As for whether the other driver was under the influence? Let the Gardai deal with it and let the ladies be grateful nobody was seriously hurt. Also, let the solicitors and Insurance companies do all the worrying from now on?)

ah yeah perhaps i should have been clearer of course i wont make the complaint i will leave that to them if they wish
and im not worrying, just asking for plain, simple advice.

Gophur

Such an incident is annoying, but you're best to move on from it. Don't get caught up in trying to seek "Justice", that's what the Gardai are supposed to do.

Make sure everyone gets back on the road (literally and figuratively) as soon as possible and use the other driver's insurance to cover all the bills.

Don't let the ladies be embarrassed about seeking compensation, if they are hurt. Don't encourage seeking compensation if there is no injury present.

Get the car repaired or replaced (preferably with something stronger, better)

And , safe driving.

_Conrad_

A similar thing happened to a friend of mine and her friend a month or so ago, they were turning in the gate of a house and a car that had been tailgating them rear ended them, wrecking both cars and trapping the girls in their car as it got so bent out of shape (they got cut out and went to hospital), there were cans and bottles of drink in the car that rear ended them some empty some full, some were hastily removed from the scene it seems by people who turned up, but i think some were left, even when it was pointed to the gards who arrived on, they refused to breath test the lad... which i found very strange.

Particularly since i've been tested myself after an accident very similar when my car was hit hard by a van, when the driver decided it was a great idea to overtake me as i turned in the gate of my mother's house, there was no drink or any suggestion of it but we were both tested. I subsequently passed out due to head injuries and even though i was bleeding all over the place and fit to pass out before it they still tested me.

In another less serious accident someone drove into the driver's side of my car a 3am heading out of town, causing very little damage but the women whose car hit mine started having a major freakout and wouldn't move their car away from mine to let me get out my door, so i called the gardai and we were all tested, didnt even mention anything to them they just tested us all


I can't really offer any adive on it, just share a similar experience of encountering a situation in which i thought it woudl have been appropriate to test but for some strange reason the gardai decided not to. To be honest, though i never drink and drive, if i had any alcohol in the car, even in a bag of shopping and was in an accident and it was visible in the car i'd expect to be tested, seems perfectly reasonable

PARKHEAD67

Ardennes1944 wrote: »

I didnt hardly look at the other driver tbh but no she didn't. My gfs uncle is a guard up the country and he said it's mandatory to do so regardless. When we were in a&e a bunch of girls came in from a car crash and they had all been tested.

Give over FFs. At that time of the day there was clearly no drink involved.And Im sure the guard would have noticed if there was.Some of the garda bashing is unreal on boards.And no Im not a guard before you ask.

MugMugs

PARKHEAD67 wrote: »

At that time of the day there was clearly no drink involved.

You've clearly never gone on the lash with me so

challengemaster

PARKHEAD67 wrote: »

Give over FFs. At that time of the day there was clearly no drink involved.And Im sure the guard would have noticed if there was.Some of the garda bashing is unreal on boards.And no Im not a guard before you ask.

Because it's unheard of in Ireland for people to go to the pub during the day and have a few and then drive off home :rolleyes:

PARKHEAD67

PARKHEAD67 wrote: »

Give over FFs. At that time of the day there was clearly no drink involved.And Im sure the guard would have noticed if there was.Some of the garda bashing is unreal on boards.And no Im not a guard before you ask.

Sunday afternoon? Plenty of folk drinking until 3 or 4 am, plenty more have the few pints after mass on a Sunday.

delly

Folks, the ambulance was mentioned in the OP, so it was obviously not just a simple tip.

Vertakill

PARKHEAD67 wrote: »

Give over FFs. At that time of the day there was clearly no drink involved.And Im sure the guard would have noticed if there was.Some of the garda bashing is unreal on boards.And no Im not a guard before you ask.

Sure every Saturday/Sunday that I drive through my village after an early morning football match, there's oul lads standing outside the front of the pubs having a smoke with their pint in their hands by the time I'm coming back.... and that'd be usually just after lunch time. :eek:

Ardennes1944

guys this isnt some kind of "help me get compensation" thing, im just wondering if the guard had a duty and didnt fulfill it, if theres even a 1% chance that the other woman had alcohol in her system, dont you think it should have been noticed? the guard didnt ask for any statements either from any of the parties involved, i dont know are they supposed to do this later if someone goes down the way of the courts? no witnesses were asked for their accounts even though there was 2.

Nonoperational

I can only think that the guard saw there were no serious injuries and decided it was for the insurance companies to sort and not the Guards.

msg11

Hifiman wrote: »

Well that Garda was wrong! it's only mandatory in cases where injuries are involved (or where the Garda has a suspicion that you were over the limit). Anyway, the roadside test is merely a screening operation and can't measure actual alcohol levels. (I'm amazed at the amount of people who don't know this) if a driver was under suspicion - he/she would have to be arrested, taken to a Garda station where there was an intoxilser present, observed for 20 minutes and then blow into the machine. The lowest of two readings are taken - and then 17% deducted from that figure. If this had to happen for every minor accident the Gardai would be breathalising all day.

seamus wrote: »

Since 1st June it has been mandatory to test all conscious drivers at the roadside. I would make a complaint to the local Sergeant about the whole way the thing was handled.

http://www.irishstatutebook.ie/2010/en/act/pub/0025/sec0009.html#sec9

There's the section there..

— (1) Where a member of the Garda Síochána—


(a) is of opinion that a person in charge of a vehicle in a public place—


(i) has consumed intoxicating liquor, the member shall require, or


(ii) (I) is or has, with the vehicle, been involved in a collision, or


(II) is committing or has committed an offence under the Road Traffic Acts 1961 to 2010,


the member may require,

Also it's not 17% , it's 10% IIRC .. So the Garda was perfectly within the law to ask the driver to provide a specimen of breath.