Garda contacted me 3 months after accident

positivenote

Hi all,
I was involved in an accident over three months ago in which the other driver was injured. Having gone through the insurance and accepted responsibility for the incident I thought that was the end of it. The Garda ask me to go into them to make a statement unless I didn't want to and they would just go with what the other party are claiming has happened. I had already reported the incident locally to the Garda an hour or two after. The other party had called the Garda after the accident.
Any advice on this would be welcomed as I am really stressed out about it being treated as anything other than an accident.
Thanks

Silvera

The other driver may have accused you of a motoring offence and, if so, you now have the opportunity to give your version of events. You dont have to make a statement and you are entitled to consult a solicitor beforehand.

Did the garda say that you have been accused of a motoring offence?

Atlantic Dawn

Did you see what the other persons statement was?

Cee-Jay-Cee

Go and make a statement giving your version of events. Where a person is injured Gardai are obliged to investigate the accident fully and send a file to the DPP if there is any evidence of an offence having been committed (dangerous or careless driving etc) so if you think you may have committed an offence perhaps you should consult a solicitor prior to making any statement.

positivenote

Hi all,
The Garda didn't say I had been accused of commiting any offenses, nor have I seen what the other parties statement was. The said they could take their statement as it was or they could take my statement to get my opinion of what had happened, as there were no cameras or independent witnesses to what occurred. The accident occurred as ultimately in very hazzordous conditions I didn't leave enough breaking room to stop and swerved to avoid rear ending the car in front of me, meaning I collided with the car to the left of me. I wasn't speeding or driving wrecklessly in my opinion but It was my fault and an accident. Do I really need to go to a solicitor prior to making a statement ?
Thanks

jimmycrackcorm

positivenote wrote: »

Hi all,
The Garda didn't say I had been accused of commiting any offenses, nor have I seen what the other parties statement was. The said they could take their statement as it was or they could take my statement to get my opinion of what had happened, as there were no cameras or independent witnesses to what occurred. The accident occurred as ultimately in very hazzordous conditions I didn't leave enough breaking room to stop and swerved to avoid rear ending the car in front of me, meaning I collided with the car to the left of me. I wasn't speeding or driving wrecklessly in my opinion but It was my fault and an accident. Do I really need to go to a solicitor prior to making a statement ?
Thanks

Don't go to a solicitor because you simply haven't been accused of anything. It's simply a statement of the facts about what happened. This isn't an episode of Law and Order.

Fred Swanson

This post has been deleted.

Contact a solicitor and get legal advice.

DaveyDave

Cee-Jay-Cee wrote: »

Go and make a statement giving your version of events. Where a person is injured Gardai are obliged to investigate the accident fully and send a file to the DPP if there is any evidence of an offence having been committed (dangerous or careless driving etc) so if you think you may have committed an offence perhaps you should consult a solicitor prior to making any statement.

Interesting. I was hit by a car in a car park and knocked off my bike and they ignored me. Wouldn't answer my calls, didn't reply to me leaving messages, "he's not on shift til late next week" etc, left a letter with a higher up for the area and nothing. Wouldn't give me the insurance details of the driver or anything. I had a €100 A&E fee, a weeks lost wages and a bike repair and crash assesment to cover.

Meanwhile I had the hospital charging me €350 for the Road Traffic Accident fee even though I was there 2 hours. Had debt collector's letters etc, finally got told I didn't need to pay the Road Traffic Accident fee as I wasn't claiming on insurance.

On a minimum wage job living pay check to pay check at the time. Left me high and dry. Absolute disgrace really. I guess they only care of injured parties in a car. I guess I should show them my license next time I'm hit by a car...

freddieot

Don't make any statement or sign anything without getting legal advice.

Silvera

OP, by the sounds of what you are saying you did commit an offence i.e. you didn't keep a safe distance from the car in front and caused an accident. This could be interpreted as either dangerous, careless or driving without due care and attention.

shar01

positivenote wrote: »

Hi all,
The Garda didn't say I had been accused of commiting any offenses, nor have I seen what the other parties statement was. The said they could take their statement as it was or they could take my statement to get my opinion of what had happened, as there were no cameras or independent witnesses to what occurred. The accident occurred as ultimately in very hazzordous conditions I didn't leave enough breaking room to stop and swerved to avoid rear ending the car in front of me, meaning I collided with the car to the left of me. I wasn't speeding or driving wrecklessly in my opinion but It was my fault and an accident. Do I really need to go to a solicitor prior to making a statement ?
Thanks

With all that's gone on in the Guards, you should know by now that they are sometimes economical with the facts. No harm in giving a solicitor a buzz.

how.gareth

I had an accident similar to what you described last year and I received a fixed penalty notice in the post for careless driving. I never spoke to any Garda at the time as I had been taken to hospital before they arrived

positivenote

how.gareth wrote: »

I had an accident similar to what you described last year and I received a fixed penalty notice in the post for careless driving. I never spoke to any Garda at the time as I had been taken to hospital before they arrived

My fear is the consequence of being charged with careless or dangerous driving... Garda said to me they had to folllow up any accident they were called to. Neither party waited for the Garda at the scene as the other party left in an ambulance and the fire office advised me to report it locally, which I did straight away.

fepper

Penalty points and E80 for careless driving without due care and attention I got after a RTA,seems to be standard procedure now to charge you,someone has to be in the wrong I suppose...

archer22

DaveyDave wrote: »

Interesting. I was hit by a car in a car park and knocked off my bike and they ignored me. Wouldn't answer my calls, didn't reply to me leaving messages, "he's not on shift til late next week" etc, left a letter with a higher up for the area and nothing. Wouldn't give me the insurance details of the driver or anything. I had a €100 A&E fee, a weeks lost wages and a bike repair and crash assesment to cover.

Meanwhile I had the hospital charging me €350 for the Road Traffic Accident fee even though I was there 2 hours. Had debt collector's letters etc, finally got told I didn't need to pay the Road Traffic Accident fee as I wasn't claiming on insurance.

On a minimum wage job living pay check to pay check at the time. Left me high and dry. Absolute disgrace really. I guess they only care of injured parties in a car. I guess I should show them my license next time I'm hit by a car...

Sounds like the person that knocked you off the bike might have had the right connections nudge nudge ;).

You need to give the Garda Ombudsman a call.

positivenote

fepper wrote: »

Penalty points and E80 for careless driving without due care and attention I got after a RTA,seems to be standard procedure now to charge you,someone has to be in the wrong I suppose...

Can I ask was a third party involved or injured in your accident and how many points ? I have only cleared the last two points I had for speeding 3 years ago

fepper

positivenote wrote: »

Can I ask was a third party involved or injured in your accident and how many points ? I have only cleared the last two points I had for speeding 3 years ago

Two car collision at junction,usual whiplash compliant,ambulance called,Gardaí as well,2 points for 3 yrs,

beauf

The issue with any charge is how it effects your renewal. I'm guessing different charges have different impact on insurance. Dangerous driving for example.

CiniO

Cee-Jay-Cee wrote: »

Go and make a statement giving your version of events. Where a person is injured Gardai are obliged to investigate the accident fully and send a file to the DPP if there is any evidence of an offence having been committed (dangerous or careless driving etc) so if you think you may have committed an offence perhaps you should consult a solicitor prior to making any statement.

Out of curiosity, except from very rare case of mechanical failure which could led to accident, what other cause of accident could be possible if not one of the drivers committing an offence (i.e breaking some of the traffic laws).

GM228

Cee-Jay-Cee wrote: »

Gardai are obliged to investigate the accident fully and send a file to the DPP if there is any evidence of an offence having been committed

Nope, their not obliged, their power of discretion gives them the choice to.

positivenote

GM228 wrote: »

Nope, their not obliged, their power of discretion gives them the choice to.

If I give my statement, in which I accept responsibility for the accident which I have already done in the insurance claim, what is the likely next stage of this process. The facts are that I was not speeding but didn't provide enough stopping distance from the car in front of me giving the bard road conditions. When I braked my car skid and I veered left to avoid rear ending the car in front , only to collide with the drivers side wing/door of a car in the middle lane of the motorway. It was a total accident and and the damage to the vehicles wasn't much. But ambulance had to take the other driver away from the scene, with what looked like whiplash.
Thanks for all advice so far

Fred Swanson

This post has been deleted.

Really Interested

positivenote wrote: »

Hi all,
The Garda didn't say I had been accused of commiting any offenses, nor have I seen what the other parties statement was. The said they could take their statement as it was or they could take my statement to get my opinion of what had happened, as there were no cameras or independent witnesses to what occurred. The accident occurred as ultimately in very hazzordous conditions I didn't leave enough breaking room to stop and swerved to avoid rear ending the car in front of me, meaning I collided with the car to the left of me. I wasn't speeding or driving wrecklessly in my opinion but It was my fault and an accident. Do I really need to go to a solicitor prior to making a statement ?
Thanks

You have in that statement admitted the offence of dangerous driving causing injury. On indictment there is a possible prison term.

Fred Swanson

This post has been deleted.

fepper

Maybe don't bother giving a statement if you don't have to and just wait to see what the Gardaí do in the meantime...

positivenote

Really Interested wrote: »

You have in that statement admitted the offence of dangerous driving causing injury. On indictment there is a possible prison term.

Seriously... I am already stressed about this enough. i have never had any dealings with the Garda before and presumed that accidents happen on the roads all the time and they are just that, accidents.

Really Interested

positivenote wrote: »

Seriously... I am already stressed about this enough. i have never had any dealings with the Garda before and presumed that accidents happen on the roads all the time and they are just that, accidents.

You said "The accident occurred as ultimately in very hazzordous conditions I didn't leave enough breaking room to stop "

The relevant legislation "A person shall not drive a vehicle in a public place at a speed or in a manner which, having regard to all the circumstances of the case (including the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be therein) is dangerous to the public."

Your statement may prove the above.

fepper

Its stressful alright but you'll have to wait until the Gardaí get back to you with a decision...

nearly_40

never ever make a statement to the guards about anything where you yourself are suspected of wrongdoing , you can always defend yourself in court if it goes that far , people have received convictions in court based on statements they made six months previous , they could not remember every single thing they had put in their statement and were made to look unreliable by the guard asking the questions in court who had time to rehearse his interrogation

Raging_Ninja

Contact a solicitor. You also don't have to make a statement. Let your solicitor do the talking for you.

And learn to drive safely so you don't cause a crash again.

redcup342

Really Interested wrote: »

You have in that statement admitted the offence of dangerous driving causing injury. On indictment there is a possible prison term.

Oh ffs ... you can go to prison for not paying a littering fine.

I doubt anything will come of it, OP just consult a solicitor before making your statement.

mel123

Really Interested wrote: »

You have in that statement admitted the offence of dangerous driving causing injury. On indictment there is a possible prison term.

Seriously....just seriously :rolleyes:

Fred Swanson

This post has been deleted.

Really Interested

redcup342 wrote: »

Oh ffs ... you can go to prison for not paying a littering fine.

I doubt anything will come of it, OP just consult a solicitor before making your statement.

The OP has admitted Dangerous Driving causing Harm which is usually a jury case and can result in prison time and ban. I should know I have been instructed in a number of them. So no it is not ffs when the OP in his own words word convict himself.

Really Interested

mel123 wrote: »

Seriously....just seriously :rolleyes:

Yes seriously I have defended a number of such cases and they have all been in the Circuit Court. Cases involving injury and cases involving death. There very much is the possibility of jail time.

redcup342

Really Interested wrote: »

Yes seriously I have defended a number of such cases and they have all been in the Circuit Court. Cases involving injury and cases involving death. There very much is the possibility of jail time.

I was in court one day for a mix up with producing my driving license in the wrong station.

There was a lad from Kerry there that had caused a 15 car pile-up, he got off with a 200 euro fine, he didn't even get any points as he had points already and said he lived in the middle of nowhere and it would bring undue hardship because he couldn't work or get shopping.

Some other guy was there on a drink driving charge, he was 3 times the legal limit, he got an 800 euro fine, went out to have his license endorsed and the clerk said they couldn't because it was a UK License.

There was a ton of other cases, it was interesting but to be fair I was pretty shocked about how lenient the whole thing was, a ton of them were struck out, don't know why, I think at few were at least because the garda didn't turn up.

Really Interested

redcup342 wrote: »

I was in court one day for a mix up with producing my driving license in the wrong station.

There was a lad from Kerry there that had caused a 15 car pile-up, he got off with a 200 euro fine, he didn't even get any points as he had points already and said he lived in the middle of nowhere and it would bring undue hardship because he couldn't work or get shopping.

Some other guy was there on a drink driving charge, he was 3 times the legal limit, he got an 800 euro fine, went out to have his license endorsed and the clerk said they couldn't because it was a UK License.

There was a ton of other cases, it was interesting but to be fair I was pretty shocked about how lenient the whole thing was, a ton of them were struck out, don't know why, I think at few were at least because the garda didn't turn up.

3 times the legal limit is a 3 year ban mandatory, even if it's a UK licence. So you might wonder why I take your post with a grain of salt.

You are also talking about district court many dangerous driving causing injury are jury trial in the Circuit Court. Circuit court taken by the DPP would be very different to District Court.

redcup342

Really Interested wrote: »

3 times the legal limit is a 3 year ban mandatory, even if it's a UK licence. So you might wonder why I take your post with a grain of salt.

You are also talking about district court many dangerous driving causing injury are jury trial in the Circuit Court. Circuit court taken by the DPP would be very different to District Court.

Was 2005 so perhaps things have changed since then.

But when you see this kind of thing:
http://www.newstalk.com/Rose-Douglas-knocked-down-North-Road-Dublin-Carl-Feighery-community-service

I find it hard to believe they they throw everyone in the slammer for a driving offence where nobody was killed especially when some guy can run over an old lady and only get community service.

Fred Swanson

This post has been deleted.

Silvera

No point in scaring the OP with all this talk of dangerous driving. It may not come to that, all depends on the evidence gathered. The case may end up going anywhere or perhaps he may be issued a ticket.

Fred Swanson

This post has been deleted.

Really Interested

redcup342 wrote: »

Was 2005 so perhaps things have changed since then.

But when you see this kind of thing:
http://www.newstalk.com/Rose-Douglas-knocked-down-North-Road-Dublin-Carl-Feighery-community-service

I find it hard to believe they they throw everyone in the slammer for a driving offence where nobody was killed especially when some guy can run over an old lady and only get community service.

I never said they would jail a person I just said as it could be a Circuit case there is a possibility.

2005 was mandatory ban as well.

Really Interested

Silvera wrote: »

No point in scaring the OP with all this talk of dangerous driving. It may not come to that, all depends on the evidence gathered. The case may end up going anywhere or perhaps he may be issued a ticket.

All I said was that what to OP said was an admission of Damgerous Driving causing harm, which can be a jury trial possible 5 years plus mandatory ban.

Silvera

Really Interested wrote: »

All I said was that what to OP said was an admission of Damgerous Driving causing harm, which can be a jury trial possible 5 years plus mandatory ban.

My post wasnt aimed at you in particular, but all the somewhat 'over the top' posts /replies.

OP, contact a solicitor to get advise. End of story.

Tigger

Really Interested wrote: »

You said "The accident occurred as ultimately in very hazzordous conditions I didn't leave enough breaking room to stop "

The relevant legislation "A person shall not drive a vehicle in a public place at a speed or in a manner which, having regard to all the circumstances of the case (including the nature, condition and use of the place and the amount of traffic which then actually is or might reasonably be expected then to be therein) is dangerous to the public."

Your statement may prove the above.

Would you cop on
Nobody is going to jail

positivenote

Thanks for all the replies, if I wasn't stressed about it enough already I'm up the wall about it now... although I am conscious that some of the posts are simply pointing out the possible consequences of potential charges. probably serves me right for asking for advice in the first place but this has escalated beyond where I had ever thought it would have..

Really Interested

Tigger wrote: »

Would you cop on
Nobody is going to jail

So you will guarantee that a person charged for the offence of dangerous driving causing harm, before the Circuit Court is not at risk of a custodial sentence on a guilty verdict. As you said would you cop on.

What I actully said about prison "On indictment there is a possible prison term."

What is incorrect about that statement. I unlike any other poster have actully run such cases in the Circuit Court.

See page 64 of below document and note the outcome under road traffic.


http://www.courts.ie/Courts.ie/library3.nsf/(WebFiles)/B97E066344D4880080258083003407DF/$FILE/Courts%20Service%20Annual%20Report%202015.pdf[URL][/url]

Really Interested

positivenote wrote: »

Thanks for all the replies, if I wasn't stressed about it enough already I'm up the wall about it now... although I am conscious that some of the posts are simply pointing out the possible consequences of potential charges. probably serves me right for asking for advice in the first place but this has escalated beyond where I had ever thought it would have..

There is no need to be stressed, just go to a solicitor before you make any further step. The more than likely outcome is no further action by AGS, there is a chance of a District Court prosecution and a very small chance of a circuit prosecution. But you need proper advice so that you do not incriminate yourself with out knowing.

RustyNut

Hi OP. You are not obliged to make a statement and not making one can't be held against you going by what you posted above any statement you make is likely to be used against you as you admitted causing the accident.

I would suggest a polite refusal to the Guard asking for the statement or at least speak to a solicitor before making any statement. It could work out a lot cheaper than a conviction,fine and whatever gouging your insurance company will stick you with follow any conviction.

positivenote

Really Interested wrote: »

There is no need to be stressed, just go to a solicitor before you make any further step. The more than likely outcome is no further action by AGS, there is a chance of a District Court prosecution and a very small chance of a circuit prosecution. But you need proper advice so that you do not incriminate yourself with out knowing.

Appreciate your feedback as it's just an honest and educated opinion, what's AGS as a matter of interest?