Being charged with careless driving after crash on a notorious bad corner.

deano77777

Wife crashed into another car over a month ago, on a very bad bend that is notorious black spot.

She is a very carefull driver and was not speeding.
2 other crashes on the same corner the day before. And there was some oil or desile on the road.
People are trying to get the bend fixed as there have been 30 crashes this year alone on this bend. But the council won't do anything about it.

Guard put it down to the road conditions that caused the crash.
Now after a month he has come back to say he has to charge her with careless driving and give her a fine and 3 points. And that this is doing her a favour as otherwise his superintendent will take it futher.
Something about this seems very strange.
What should she do.

GerardKeating

deano77777 wrote: »

Wife crashed into another car over a month ago, on a very bad bend that is notorious black spot.

She is a very carefull driver and was not speeding.
2 other crashes on the same corner the day before. And there was some oil or desile on the road.
People are trying to get the bend fixed as there have been 30 crashes this year alone on this bend. But the council won't do anything about it.

Guard put it down to the road conditions that caused the crash.
Now after a month he has come back to say he has to charge her with careless driving and give her a fine and 3 points. And that this is doing her a favour as otherwise his superintendent will take it futher.
Something about this seems very strange.
What should she do.

Do what she should have done a month ago, contact a solicitor....

Aint Eazy Being Cheezy

Is the driver or passengers of the car she hit persuing a personal injury claim?

Eggs For Dinner

If you try to argue that you knew it was a notorious black spot, it may go against you

Dillosk412

Ask the Gardai if they ensured that residue oil from the crashes the previous day was cleaned up and can they confirm how it was done and who carried out the work.

I suspect that if another motorist is involved, then they have been making noises to the Gardai as a precursor to personal injury claim.

kurtainsider

Perhaps someone else is making an issue of the oil that was left on the road from the crashes the day before and the guards want to deflect attention from the dangerous state of the road by doing people for driving offences on this bend.
I would certainly look into the whole diesel spillage thing as already mentioned above and have your SOLICITOR offer this as the real cause of the accident.

deano77777

Eggs For Dinner wrote: »

If you try to argue that you knew it was a notorious black spot, it may go against you

This is one of the problems. It's not a listed black spot of any sort. It's just now after she crashed we have been told just how many people have crashed there.
The council have been told of the numbers, but because most aren't reported to the guards the council won't do anything to address the bend.

deano77777

Dillosk412 wrote: »

Ask the Gardai if they ensured that residue oil from the crashes the previous day was cleaned up and can they confirm how it was done and who carried out the work.

I suspect that if another motorist is involved, then they have been making noises to the Gardai as a precursor to personal injury claim.

We asked if there was oil on the road when the accident happened and the guard said 'no there is no oil'. But then put in a request for the council to come out as eircom men working just before the bend said they smelt deseil on the road..
There was oil signs up on the bend that evening after her crash.

There where no signs when my wife crashed even though the crash the previous day the guy rolled the van.

deano77777

Aint Eazy Being Cheezy wrote: »

Is the driver or passengers of the car she hit persuing a personal injury claim?

She might be. But I'm not 100%

Under His Eye

There is no obligation to accept a FPN.

Time to get a solicitor on the case to deal with the allegation.

Raheem Euro

She is being accused of a criminal level of negligence.

Are there any factors to justify that?

If not, go get representation and fight it to the hilt.

kurtainsider

The state doesn't have a leg to stand on. The most incompetent solicitor in the country couldn't fail to get this one thrown out of court.
See about getting statements from the people who smelled diesel on the road

Samuel T. Cogley

kurtainsider wrote: »

The state doesn't have a leg to stand on. The most incompetent solicitor in the country couldn't fail to get this one thrown out of court.
See about getting statements from the people who smelled diesel on the road

:pac: