Garda prosecution of driver?

Mercian Pro

Had a potentially very serious crash this morning but, very luckily, I think the only permanent damage was to my helmet. A car stopped at a junction decided to turn right across me just as I approached. I ended up going over the bonnet followed by five hours in Beaumont A&E before they gave me the all clear. Plenty of neck pain but nothing broken.
A Garda attended the scene of the crash and spoke to me later in A&E. The jist of what I understood him to say was that they would not be prosecuting the driver unless I made a formal complaint. This would then involve him taking statements from both parties and any witnesses before referring the file onward for a descision on prosecution. The other option was for me to contact the driver's insurance company and, if they won't "play ball", to take a civil case against the driver.
In a similar accident in 2008, I never found out if any action was taken by An Gardaí against the driver but I did eventually receive a good settlement for medical injuries and a new bike from the Injuries Board.
The Garda is due to contact me tomorrow to see what I want to do. He will provide the driver's details and any witness names available. I find it very odd that it is being left up to me to decide whether someone at fault gets away with a reprimand (if even that) or ends up in Court.

Unknown Soldier

Mercian Pro wrote: »

Had a potentially very serious crash this morning but, very luckily, I think the only permanent damage was to my helmet. A car stopped at a junction decided to turn right across me just as I approached. I ended up going over the bonnet followed by five hours in Beaumont A&E before they gave me the all clear. Plenty of neck pain but nothing broken.
A Garda attended the scene of the crash and spoke to me later in A&E. The jist of what I understood him to say was that they would not be prosecuting the driver unless I made a formal complaint. This would then involve him taking statements from both parties and any witnesses before referring the file onward for a descision on prosecution. The other option was for me to contact the driver's insurance company and, if they won't "play ball", to take a civil case against the driver.
In a similar accident in 2008, I never found out if any action was taken by An Gardaí against the driver but I did eventually receive a good settlement for medical injuries and a new bike from the Injuries Board.
The Garda is due to contact me tomorrow to see what I want to do. He will provide the driver's details and any witness names available. I find it very odd that it is being left up to me to decide whether someone at fault gets away with a reprimand (if even that) or ends up in Court.

I'll send you a PM about my accident. There may be bits you can take from it.

the NOW is very active for you and sorry to sound like a spa, but make sure you are OK and get well, and then take things further.

There is no rush!

crosstownk

Mercian Pro wrote: »

Had a potentially very serious crash this morning but, very luckily, I think the only permanent damage was to my helmet.

Glad to hear you came out of it relatively unscathed.

As stated, look after yourself - you don't have to make any decision tomorrow. Take more time if you need it.

Kepler 186f

Mercian Pro wrote: »

I find it very odd that it is being left up to me to decide whether someone at fault gets away with a reprimand (if even that) or ends up in Court.

Did the Gardai witness the accident or get called to the scene by you or another witness after the fact. The reason why it's up to you to make a complaint is because you are the injured party and can supply sufficient evidence by what you've explained for the driver to be prosecuted by the Gardai. You would have to make a written statement as described and be prepared to give evidence in court should the driver fight the case (one of many outcomes). The Gardai need evidence and a complaint to pursue a prosecution. Just because the Garda is contacting you tomorrow, you don't necessarily need to make a decision by then. Ask for his/ her details and contact them when or if you decide what route to take.

Mercian Pro

Kepler 186f wrote: »

Did the Gardai witness the accident or get called to the scene by you or another witness after the fact. The reason why it's up to you to make a complaint is because you are the injured party and can supply sufficient evidence by what you've explained for the driver to be prosecuted by the Gardai. You would have to make a written statement as described and be prepared to give evidence in court should the driver fight the case (one of many outcomes). The Gardai need evidence and a complaint to pursue a prosecution. Just because the Garda is contacting you tomorrow, you don't necessarily need to make a decision by then. Ask for his/ her details and contact them when or if you decide what route to take.

Garda arrived just before I was taken off in the ambulance about 20mins after they were called. I think there may have been one witness still there plus the driver but others had left.
Have the Garda's number. Kinda makes sense what you say but it presumably means that only a small percentages of accidents result in prosecutions even where one party is clearly at fault.

Kepler 186f

Mercian Pro wrote: »

Garda arrived just before I was taken off in the ambulance about 20mins after they were called. I think there may have been one witness still there plus the driver but others had left.
Have the Garda's number. Kinda makes sense what you say but it presumably means that only a small percentages of accidents result in prosecutions even where one party is clearly at fault.

Yes most if not all only damage type accidents are civil in nature, where there's an alleged injury involved a incident is unlikely to be pursued without a formal (written complaint) to Gardai. They didn't witness the accident so therefore without your complaint it's unlikely the other driver would be prosecuted

Del2005

Mercian Pro wrote: »

Had a potentially very serious crash this morning but, very luckily, I think the only permanent damage was to my helmet. A car stopped at a junction decided to turn right across me just as I approached. I ended up going over the bonnet followed by five hours in Beaumont A&E before they gave me the all clear. Plenty of neck pain but nothing broken.
A Garda attended the scene of the crash and spoke to me later in A&E. The jist of what I understood him to say was that they would not be prosecuting the driver unless I made a formal complaint. This would then involve him taking statements from both parties and any witnesses before referring the file onward for a descision on prosecution. The other option was for me to contact the driver's insurance company and, if they won't "play ball", to take a civil case against the driver.
In a similar accident in 2008, I never found out if any action was taken by An Gardaí against the driver but I did eventually receive a good settlement for medical injuries and a new bike from the Injuries Board.
The Garda is due to contact me tomorrow to see what I want to do. He will provide the driver's details and any witness names available. I find it very odd that it is being left up to me to decide whether someone at fault gets away with a reprimand (if even that) or ends up in Court.

The problem is that for the Gardai to pursue a successful prosecution they need to prove the case beyond reasonable doubt, so a successful outcome is hard to get. For you to take a civil action, sue the drivers insurance, it's done on the balance of probability so there's a higher chance of you getting a better outcome. There's no need to rush your choice, you've several years for personal injury, so take a few days to decide the better outcome for you and don't worry about State taking a case as a civil judgement will make the car drivers insurance increase substantially.

dreamerb

What others have said. Gardai can't usually take a prosecution in these cases without a complaint unless either (a) they have actually witnessed them, or (b) if the injured party is killed / knocked out / so badly injured that they can't make a statement, the Gardai have reasonable witness accounts and / or evidence from investigating the accident.

No, you don't have to make a statement straight away, but it would be useful if you write down now all of what you remember of the incident, and maybe even consider a simple diagram. Include things like going over the bonnet (and what you thought and felt at the time). Then make an appointment to make a statement at your convenience, but preferably soon.

I had a fairly unpleasant incident back in 2005, and I went to make my statement on the way back from a similar time in A&E. I remain half convinced that the fact that my nostrils were still blood encrusted and the black eyes had started coming up probably helped encourage the Gardai to prosecute. In retrospect, I was probably still a bit in shock, but still managed to give a reasonably coherent statement.

In my case, I wasn't involved for the prosecution. The driver was prosecuted - on the basis of my statement - for careless driving. The Garda called me on the morning to tell me his solicitor was making approaches "wondering" if the cyclist would turn up / be a credible witness if the driver pleaded not guilty. Garda said she was very firm that it was a yes and yes; he decided to plead guilty and got 4 penalty points. And possibly a fine, not sure about that.

Be prepared for bruising to start manifesting from tomorrow. Mater will have checked you out for the big stuff - neck, skull, concussion - but bruises and very minor fractures can be missed. Do attend your own GP if you feel the need, and don't be shy of looking for further follow-up.

Very best of luck on all fronts.

Mercian Pro

Thanks dreamerb and everyone else for the advice, medical and legal. As you say, there is no rush in making a decision. I hope to pick up the bike later today and will see how it survived (or not).
As expected, I am pretty sore this morning but very relieved that the X-Rays and examination in Beaumont ruled out any fracture. Even though they may have been under pressure, the medical staff were very thorough.
There are pros and cons to initiating a prosecution so I will have to weigh those up. From what I could hear of the driver's reaction immediately after the crash, I don't think she will quickly forget the accident.

Mercian Pro

Latest word on this from the Garda is that his Sergeant might decide to initiate a prosecution even if I don't file a complaint. If this happens I will have to make a statement and possibly appear as a witness.
Spoke with the driver to let her know I was out of hospital. She was extremely apologetic and still very upset about what happened. Looks like I nearly swerved enough to avoid her but my front wheel hit her number plate at an angle and I went flying.
Her insurance company have been very professional (so far) and are probably very relieved that there won't be a major medical claim involved. Next step is to get the bike inspected at a bike shop and to submit an estimate for repair or replacement.

Aka Ishur

Mercian Pro wrote: »

Had a potentially very serious crash this morning but, very luckily, I think the only permanent damage was to my helmet. A car stopped at a junction decided to turn right across me just as I approached. I ended up going over the bonnet followed by five hours in Beaumont A&E before they gave me the all clear. Plenty of neck pain but nothing broken.
A Garda attended the scene of the crash and spoke to me later in A&E. The jist of what I understood him to say was that they would not be prosecuting the driver unless I made a formal complaint. This would then involve him taking statements from both parties and any witnesses before referring the file onward for a descision on prosecution. The other option was for me to contact the driver's insurance company and, if they won't "play ball", to take a civil case against the driver.
In a similar accident in 2008, I never found out if any action was taken by An Gardaí against the driver but I did eventually receive a good settlement for medical injuries and a new bike from the Injuries Board.
The Garda is due to contact me tomorrow to see what I want to do. He will provide the driver's details and any witness names available. I find it very odd that it is being left up to me to decide whether someone at fault gets away with a reprimand (if even that) or ends up in Court.

Doubt you need to be told but if your helmet took the impact make sure it's replaced.

Eamonnator

Mercian Pro wrote: »

Latest word on this from the Garda is that his Sergeant might decide to initiate a prosecution even if I don't file a complaint. If this happens I will have to make a statement and possibly appear as a witness.
Spoke with the driver to let her know I was out of hospital. She was extremely apologetic and still very upset about what happened. Looks like I nearly swerved enough to avoid her but my front wheel hit her number plate at an angle and I went flying.
Her insurance company have been very professional (so far) and are probably very relieved that there won't be a major medical claim involved. Next step is to get the bike inspected at a bike shop and to submit an estimate for repair or replacement.

Just to clarify one point. You say "if this happens I will have to make a statement"
You absolutely don't have to make a statement, if you don't want to.

Mercian Pro

Aka Ishur wrote: »

Doubt you need to be told but if your helmet took the impact make sure it's replaced.

I posted a photo of it in the Helmets thread. A replacement is on order and if you look at the photo you will see why

Seaswimmer

Eamonnator wrote: »

Just to clarify one point. You say "if this happens I will have to make a statement"
You absolutely don't have to make a statement, if you don't want to.

I think its always worth making a statement regardless as then the driver has to be cautioned but no further action may be required. At least this way your accident is "in the system" in case of any future developments.

I was knocked off a couple of years ago, ended up in casualty. No Garda attended the scene but I insisted on making a statement about a week later. This led to the driver being cautioned and also made the subsequent insurance claim for bike damage and medical expenses very easy.

No prosecution was ever taken as the Garda didn't deem it necessary and nobody was seriously hurt. The driver and insurance company were also on board so it all worked out.

Edit. On a lighter note OP I hope your username is not relevant to your bike because I would hate to see a lovely bike like a Mercian damaged..

Mercian Pro

Seaswimmer wrote: »

I think its always worth making a statement regardless as then the driver has to be cautioned but no further action may be required. At least this way your accident is "in the system" in case of any future developments.

I was knocked off a couple of years ago, ended up in casualty. No Garda attended the scene but I insisted on making a statement about a week later. This led to the driver being cautioned and also made the subsequent insurance claim for bike damage and medical expenses very easy.

No prosecution was ever taken as the Garda didn't deem it necessary and nobody was seriously hurt. The driver and insurance company were also on board so it all worked out.

Edit. On a lighter note OP I hope your username is not relevant to your bike because I would hate to see a lovely bike like a Mercian damaged..

The Garda confirmed that the accident was entered in the Pulse system and, in time, will feed into the CSO accident statistics. I will be talking to him later and will ask about making a statement even if I don't make a formal complaint against the driver.

I mentioned in my original post that I had a similar accident in 2008. The main victim in that case was my 1980 Mercian Pro. As you can see below, the injuries were fatal and the cost of having it repaired by Mercian was more than the cost of a new frame! (Some sensitive souls here will probably say I deserved it for putting such an ugly large saddle bag on a classic bike

Wishbone Ash

After my last accident in 2012, I was contacted by the Gardai and requested to attend Balbriggan GS, when I got out of hospital, to make a statement. They said they would be prosecuting the driver as she immediately left the scene of the accident and was driving unaccompanied on a learner permit and that I may be required to give evidence in court. (There were two witnesses to the accident who also made statements at the scene after I had been taken away by ambulance). I've heard nothing more about it since I left the Garda Station the morning after.

Kepler 186f

Wishbone Ash wrote: »

After my last accident in 2012, I was contacted by the Gardai and requested to attend Balbriggan GS, when I got out of hospital, to make a statement. They said they would be prosecuting the driver as she immediately left the scene of the accident and was driving unaccompanied on a learner permit and that I may be required to give evidence in court. (There were two witnesses to the accident who also made statements at the scene after I had been taken away by ambulance). I've heard nothing more about it since I left the Garda Station the morning after.

One could imagine that the driver was in fact prosecuted as explained and that they pleaded guilty negating the need for you to attend Court to give evidence.
Nonetheless a phone call to update you should have happened but on another angle, did you ever enquire what the outcome was?

Wishbone Ash

Kepler 186f wrote: »

One could imagine that the driver was in fact prosecuted as explained and that they pleaded guilty negating the need for you to attend Court to give evidence.
Nonetheless a phone call to update you should have happened but on another angle, did you ever enquire what the outcome was?

That's possible alright but I suspect she may have left the country (Latvian or Lithuathian according to Gardai at the time). Her stated address was quite near to me but I haven't seen her since.

I've thought about contacting the Gardai about it a few times but never did. I don't really have anything to gain and, as she was only 17, I'm sure she panicked at the time and probably learned a valuable lesson.

Kepler 186f

Wishbone Ash wrote: »

I've thought about contacting the Gardai about it a few times but never did. I don't really have anything to gain and, as she was only 17, I'm sure she panicked at the time and probably learned a valuable lesson.

True about nothing to gain, but it would stop you wandering what happened about something that happened to you four years ago. I would want to know since you were hospitalized but that would be your prerogative