Careless driving causing the

lightmilk

Hi my cousin is a little bit worried her boyfriend died travelling in a car accident which she was driving the car was perfect and nct drink and drugs was clear there was no witness and she has no memory of accident she came across the road for a reason she don't know wheather the car the slipped or what she doesn't know the car she crashed into didn't see why the car came across the road .
Does she have to be worried

coylemj

You say 'there was no witness' - what about the people in the car she crashed into?

From the description you've given, I'd say she can expect a summons at which point a visit to her solicitor would be advisable.

coylemj

coylemj wrote: »

You say 'there was no witness' - what about the people in the car she crashed into?

From the description you've given, I'd say she can expect a summons at which point a visit to her solicitor would be advisable.

Reads like a single vehicle accident.

Inmyownworld

Deleted User wrote: »

Reads like a single vehicle accident.

lightmilk wrote: »

the car she crashed into didn't see why the car came across the road .
Does she have to be worried

Crashed into another car

I believe a file must be sent to the DPP to make a decision on a prosecution where there is a death as the result of a car accident

StupidLikeAFox

lightmilk wrote: »

Hi my cousin is a little bit worried. Her boyfriend died travelling in a car accident which she was driving. The car was perfect and nct, drink and drugs was clear. There was no witness and she has no memory of accident. She came across the road for a reason - she don't know whether the car the slipped or what. She doesn't know. The car she crashed into didn't see why the car came across the road

Does she have to be worried?

Ive cleaned that up a little. Sorry to hear about your cousin OP

whiskeyman

You seem to know more than you're making out OP?
http://www.boards.ie/vbulletin/showthread.php?p=100943993

Sad situation. Not sure posting here is the best thing to do.

BaronVon

The collision will be fully investigated by the local Gardaí, with Forensic Collision Investigators assiting. As stated above, all fatal collisions where there is a surviving driver, a file will be submitted to the DPP.

If she's determined to be at fault for the collision, a prosecution will follow.

lightmilk

Y

lightmilk

infacteh wrote: »

The collision will be fully investigated by the local Gardaí, with Forensic Collision Investigators assiting. As stated above, all fatal collisions where there is a surviving driver, a file will be submitted to the DPP.

If she's determined to be at fault for the collision, a prosecution will follow.

The road and wheather were bad and it looks like to me that she skidded does this make a difference

lightmilk

whiskeyman wrote: »

You seem to know more

Sad situation. Not sure posting here is the best thing to do.

Yes it's very sad and by you assuming things does nor help I was looking for information
For myself for a accident with happen at start of the year <<Mod deletion>>

Mod
Pls do not post such remarks here again

Little CuChulainn

Hard to see how she will not get charged if her story is "I don't remember". Cars don't simply veer across the road unless their drivers are asleep or driving too fast for the conditions. Yes she should be worried and should have a solicitor already before she tells the Garda she doesn't remember anything.

scamalert

careless driving and loss of control are similar terms,but if its the first one,she will need lawyer and so on,as in loss of control thats different matter which investigators clear if conditions apply to it,in either case long and harsh process.
Since its unclear was there another vehicle involved its hard to make any conclusions,but i dont remember statement only makes things worse.

Little CuChulainn

scamalert wrote: »

careless driving and loss of control are similar terms,but if its the first one,she will need lawyer and so on,as in loss of control thats different matter which investigators clear if conditions apply to it,in either case long and harsh process.
Since its unclear was there another vehicle involved its hard to make any conclusions,but i dont remember statement only makes things worse.

Bad conditions don't clear you of bad driving. You're supposed to drive in a manner to cope with the conditions. And in cases where someone is killed and multiple people are injured, getting off because the conditions were poor is wishful thinking.

scamalert

Little CuChulainn wrote: »

Bad conditions don't clear you of bad driving. You're supposed to drive in a manner to cope with the conditions. And in cases where someone is killed and multiple people are injured, getting off because the conditions were poor is wishful thinking.

Well i didnt mention anything about getting off easy,just loss of control plays different factor-say pothole filled with water blows your tire and you loss control,surely your still responsible but theres a factor to why it happened.

Now in this case its much unclear and result is death,so the driver could be charged with multiple law suits or worse.

Now memory loss is normal in many cases,but surely fragments remain prior to accident,and in many cases return eventually.thus if there was another vehicle its their story that will be based on.

and in such cases investigators already would have idea what was the cause since to have such crash,it would be evident at what speed vehicle was driven tyre marks and debre -would provide much of necessary evidence for prosecution be it memory loss or not.

Little CuChulainn

scamalert wrote: »

Well i didnt mention anything about getting off easy,just loss of control plays different factor-say pothole filled with water blows your tire and you loss control,surely your still responsible but theres a factor to why it happened.

Now in this case its much unclear and result is death,so the driver could be charged with multiple law suits or worse.

Now memory loss is normal in many cases,but surely fragments remain prior to accident,and in many cases return eventually.thus if there was another vehicle its their story that will be based on.

and in such cases investigators already would have idea what was the cause since to have such crash,it would be evident at what speed vehicle was driven tyre marks and debre -would provide much of necessary evidence for prosecution be it memory loss or not.

Unfortunately different causes can have the same factors. Falling asleep or having a heart attack or simply swerving to avoid something can all look the same going by evidence they carry different levels of culpability.

lightmilk

But what happens if no one seen why she crossed the road can you convict just on just forensic

scamalert

why do you mention no witnesses when in first post you mention another vehicle,i tried to give example as to what accident might be considered as cause,but as another poster corrected me,this is beyond that as per what happened.

In either case this wont be taken lightly, be it speed,lack of attention or trying to avoid some collision since outcome is horrible,for everyone involved and families.

best is advise here youll get is to speak with lawyer,garda will do their own investigation which will be presented at court.

BaronVon

lightmilk wrote: »

But what happens if no one seen why she crossed the road can you convict just on just forensic

Of course they can, if the evidence is there. Cars don't usually crash, and when they do, 90% of the time it's driver error. Your cousin will be interviewed and she'll need to account for how the collision occurred.

nuac

Mod
Closing this thread for Mods' review
nuac




Thread now re-opened
nuac

Mrs OBumble

Someone died due to your cousin's action / inaction.

She should be expecting a conviction, not looking for ways off getting one.

NUTLEY BOY

A few thoughts. None of this is legal advice but rather observations on the relevant general principles that might apply.

BTW the "instructions" are a bit unclear and lacking detail.

Was the other car with which the collision occurred parked or moving ? If parked was it occupied ? If occupied, there may be witnesses.

Apart from the driver and the deceased were there any other passengers in her car ?

+1 other posts about investigations and prosecutions.

If driver is going to be prosecuted in the District Court it might be a better idea to consult her insurance company about representation. Most motor policies should cover the cost of defending summary [District Court] proceedings and insurers may operate panels of solicitors who handle this type of work regularly.

By chance if the driver is going to be prosecuted in the Circuit Court you need to check what the insurer covers. Even if the policy limits itself to defending a District Court prosecution I have seen insurers finance the costs of defending a Circuit Court prosecution including the briefing of one junior counsel. If it suits insurers to do this they can exercise discretion to do so.

As regards a defence it is correct that a driver should take such care as is appropriate to the prevailing circumstances and conditions including weather and road conditions. However, this is not an absolute as the standard required is that expected of a driver exercising reasonable care on the facts.

I have dealt with a few fatal cases where the driver was totally liable in civil law / tort. However, the DPP decided not to prosecute having regard to the full body of evidence as gathered by the Gardaí. Remember that the DPP bears the criminal standard of proof - beyond reasonable doubt - and will also have to consider if there is a reasonable prospect of securing a conviction.

In view of the driver's retrograde amnesia it would probably be wiser for her not to be interviewed by the Gardaí in the absence of legal representation. A "suspect" in her position could well be regarded as vulnerable and or susceptible to suggestion at interview. She is not obliged to incriminate herself either.

Finally, do remember that some roads are actually defective and don't be in a rush to presume that there is always fault. If the potential claim on behalf of the deceased passenger is likely to be expensive the insurers will happily cover the costs of an engineer doing a survey and report on the locus in quo. If he finds engineering defects in the road that might be exculpatory evidence in any criminal prosecution.

NUTLEY BOY

Mrs OBumble wrote: »

Someone died due to your cousin's action / inaction.

She should be expecting a conviction, not looking for ways off getting one.

Very unfair, judgmental and presumptive absent the full facts.

Fred Swanson

This post has been deleted.

Little CuChulainn

Fred Swanson wrote: »

This post has been deleted.

Changed relatively recently after a threat from a judge.

NUTLEY BOY

Little CuChulainn wrote: »

Changed relatively recently after a threat from a judge.

If it looks like a problem advise the client to give a no comment interview on legal advice unless a solicitor is allowed to be present.