To stop or not stop

redcup342

So your stopped in traffic waiting behind another car with a fairly big gap as there were some bicycles stopped between you and the car in front.

You move forward to close a gap between you and the car in front as a cyclist has filtered through traffic towards the front at the lights.

As you are moving forward a motorbike overtakes you and ends up driving into the back of the car in front of you.

The motorbike driver gets up and starts talking to the person who was driving the car in front of you, nobody seems to be injured.

Point here is, if you weren't moving forward just at the moment the motorcycle decided to drive up through traffic he probably wouldn't have crashed into the car in front of you as the gap would have been there.

In this case are you obliged to stop ?
Are you involved in the accident ?

Here in the office seems to be 50/50

One half says: You should stop and make sure everything is ok and exchange information.

Other half says: You would be a fool to stop, you weren't involved in the accident and the motorcyclists recollection of events would probably change fairly rapidly once he realized there was a scapegoat.

NSAman

How could there be a scapegoat?

The car in front is stopped, motorcyclist drove into the back of the stopped car.

Fault is 100% motorcyclists fault.

I would stop just to make sure all are ok, thats about it and to make sure the car driver knows you saw the whole thing.

Gravelly

redcup342 wrote: »

So your stopped in traffic waiting behind another car with a fairly big gap as there were some bicycles stopped between you and the car in front.

You move forward to close a gap between you and the car in front as a cyclist has filtered through traffic towards the front at the lights.

As you are moving forward a motorbike overtakes you and ends up driving into the back of the car in front of you.

The motorbike driver gets up and starts talking to the person who was driving the car in front of you, nobody seems to be injured.

Point here is, if you weren't moving forward just at the moment the motorcycle decided to drive up through traffic he probably wouldn't have crashed into the car in front of you as the gap would have been there.

In this case are you obliged to stop ?
Are you involved in the accident ?

Here in the office seems to be 50/50

One half says: You should stop and make sure everything is ok and exchange information.

Other half says: You would be a fool to stop, you weren't involved in the accident and the motorcyclists recollection of events would probably change fairly rapidly once he realized there was a scapegoat.

You are obligated to drive within the rules of the road, and in a safe manner. You are not obligated to leave idiot spaces for motorcyclists who can't drive safely.

OldMrBrennan83

Drive on, none of it is your problem.


_

CSSE09

I'd stop and get the details of the car driver to send on the video from my dash cam, 100% motorcycles fault.

thebiglad

I cannot see you have done anything wrong here - the motorcyclist has no right to be overtaking and expect you to leave a gap they can pull into - they were clearly travelling too fast for the conditions/situation. Whether or not you were aware of their presence does not require you to leave a gap just in case they might need or want to pull in.

Whether you should have stopped to act as a witness for the driver ahead is however another point, they were struck in the rear so unlikely there can be any argument between them and the motorcyclist for responsibility.

Based on your account cannot see possibly how a 50/50 has occurred here as in the minds of your colleagues.

Dravokivich

You're a witness.

I'd just offer to be contactable, to give a version of events. Make notes of what happened and what I saw, how the motorbike hit the car. So they'll be referenced if anyone contacts me for it.

seamus

There is no obligation on you to stop. You can give your details as a witness though.

There is no reason why you moving forward could be used to argue that you caused the motorcycle to crash. If he was unable to stop before hitting the back of the other car, that's entirely his fault.

Anyone who's driven a bike will tell you that this is a relatively common scenario. And if you're riding properly and the gap disappears, then you stop and indicate left to see if the car will let you in. If you're going too fast to stop in time, that's entirely your own fault.

TheBoyConor

If asked for the dashcam footage, would the OP be acting lawfully to offer it for a price?
Same with giving your account as a witness? Could you request payment for your recollection of events?

I often think of this in the sense that if I was a witness to an accident I would have no issue being a witness but then I'm drawing a lot of hassle on myself and having to give up my time. I'd want to be paid for my efforts or be paid for handing over any video or photographic evidence. Is it legal to ask that or else refuse to hand it over until payment is received?

NSAman

TheBoyConor wrote: »

If asked for the dashcam footage, would the OP be acting lawfully to offer it for a price?
Same with giving your account as a witness? Could you request payment for your recollection of events?

I often think of this in the sense that if I was a witness to an accident I would have no issue being a witness but then I'm drawing a lot of hassle on myself and having to give up my time. I'd want to be paid for my efforts or be paid for handing over any video or photographic evidence. Is it legal to ask that or else refuse to hand it over until payment is received?

I hope you don’t have to rely on someone else to do what you are proposing for yourself, in any situation that may arise in the future.

artanevilla

TheBoyConor wrote: »

If asked for the dashcam footage, would the OP be acting lawfully to offer it for a price?
Same with giving your account as a witness? Could you request payment for your recollection of events?

I often think of this in the sense that if I was a witness to an accident I would have no issue being a witness but then I'm drawing a lot of hassle on myself and having to give up my time. I'd want to be paid for my efforts or be paid for handing over any video or photographic evidence. Is it legal to ask that or else refuse to hand it over until payment is received?

Probably comes under extortion.

Hoboo

TheBoyConor wrote: »

If asked for the dashcam footage, would the OP be acting lawfully to offer it for a price?
Same with giving your account as a witness? Could you request payment for your recollection of events?

I often think of this in the sense that if I was a witness to an accident I would have no issue being a witness but then I'm drawing a lot of hassle on myself and having to give up my time. I'd want to be paid for my efforts or be paid for handing over any video or photographic evidence. Is it legal to ask that or else refuse to hand it over until payment is received?

For something like a crash, a civil case, you are asked to give evidence. For a criminal case you will be summonsed to court if necessary.

Regarding payment, extortion/blackmail/being a pr1ck are all roads most decent folk avoid.

seamus

Witnesses who appear in court can apply to have their expenses covered as part of the case.

It wouldn't be unlawful to seek payment for providing your footage. But if served with a warrant from a Garda, you would be obliged to hand it over without payment and could be charged with obstruction if you destroyed the footage after receipt of the warrant.

Requesting payment for your testimony is probably illegal. Not least because you could be accused of perjury: If you are offering your words in exchange for payment, then the honesty of those words is instantly in question.

Wishbone Ash

TheBoyConor wrote: »

... I would have no issue being a witness....

It seems that you would have huge issues being a witness.

Seeking payment?? Sweet Jesus, I've heard it all now.

OldMrBrennan83

You're better just using your own dashcam (if you have one) for your own means in an accident involving yourself, and staying well out of anything as a third party and avoiding mess.