Support road.cc

Like this site? Help us to make it better.

Child Hit on Cycle Crossing 40MPH- Red Light Runner Gets Driver Improvement Course

I've followed the forums a long while, but never needed to post...

Welcoming any opinion and advice on the following:

My 11 year old son was cycling to school last Friday along a cycle route in Southend & crossed the A127 at a recognised controlled cycle crossing.  
As he does every day, he pressed the button & once he got the green he checked that the cars had stopped (I'd previously warned him to double check people actually stopped).

He said that the car in the lane closest stopped & he started to cycle across past the car stopped in lane 1 & was hit by a driver in lane 2 of this two lane 40MPH limit road that had not slowed at all- he said he simply hadn't seen her coming at all.  There were several witnesses that agreed that the lady driving had gone through a very solidly red light at speed , passed a stationary car in lane 1 & hit the front of my son's bike, sending him cartwheeling down the road.  One of the witnesses said that her two children had to drag my son out of the road afterwards, which she informed me traumatised them.  The Essex air ambulance was dispatched, along with paramedics & an Ambulance Operational Commander; the police were on scene quickly & shut the road for investigation & they took statements from witnesses.  

A witness called my son's school, who in turn called us- we got there within about 15 min.  

The lady driving maintained that she had gone through on a green light & the policeman that shut the road said it would come down to my son's statements & those of the witnesses.  

When the (white hat) traffic collision investigator arrived he quickly explained that the course of action would be determined by the severity of my son's injuries & that they had a unit waiting at Southend A&E for a verdict.  He swiftly told me that the lady had only passed her driving test a couple of weeks ago & that he himself had knocked a child over by accident not long after passing his test.  
They had me wait on the verdict from the hospital before they would let me take his bike, as it would be evidence if there was the possibility of a fatality resulting from his injuries.   

The woman's car had a smashed near side head light, the entire mirror assembly had been smashed off & the almost flush indicator light had been ripped out, with marks & scratches all down the side of the nearside of the car so it was a heavy impact, but thankfully my son did not make it out onto the front of that car.  That fraction of a second saved his life.  

He was also wearing a fairly new cycle helmet & that was comprehensively trashed, with scuffs all over the left hand side of it, creases where it had deformed & a tear right through the polystyrene liner on the left side. 
The paramedics, A&E doctors & the police all emphasised that it definitely prevented him suffering serious head injuries.  

It seems that the most serious injury he suffered was a broken right wrist.  He's got an appointment to see a consultant today to find out recovery time, but mum bought a lottery ticket for the first time in 25 years.  He has bruises & cuts all over his body, a very painful chest & ribs & he couldn't walk unaided for a couple of days.  He has been waking up at night suddenly & he asks for his door to be left open in case he needs us, but seems happy to settle himself back to sleep.  

He's a very keen & competent skier & we've got a trip in just under a month, where he was going to do a week of slalom and ski cross training.  That's so physical that I cancelled that straight away.  
He also races motocross & he's supposed to have his first race for his championship in just over five weeks- he's never going to be strong enough for that with a broken throttle wrist, so he scores zero for the first one at least.  
There's also the question of what this does to his confidence cycling to & from school- we work shifts & walking takes him about 40 minutes, compared to 10 mins gentle cycling. 
He had a really good bike that he was very proud & careful with- a Specialized Sirrus 3.0, which now has scratches all over the frame & forks & so much play in the headstock that I doubt it can be repaired. I can't find the receipt, but I'm hoping that we can just ask the driver's insurers to repair or replace the bike until it's usable again.  

So the positives: he's alive, not in a coma & actually lasted a whole day of school today, where he had to walk by himself; the driver actually had insurance & didn't leave the scene.  

Negatives: we got a call from Essex Police today & they've decided to offer the woman a driver improvement course.  Apparently, faced with several witness statements contrary to her own she amended it, admitting to going through an amber light.  The police mentioned again that she had only passed her driving test a couple of weeks ago & they said that she hadn't been drinking or been on her phone.  They reasoned that the greatest benefit would be a driver's improvement course, rather than points.  I believe that the standard would be 6 points & as a new driver she would have to retake an extended test, which I believe would be more beneficial & appropriate.  But I also believe that Essex Police know that she's highly likely to contest this in court, costing them time for at least two of their officiers to attend.  

I'm very unhappy at the outcome & I think it is completely inappropriate, but we feel that we are up against the system.  
My aunt that retired from being a traffic cop a good twenty years ago found out about this driver improvement course outcome & rang us up tonight saying she wanted to write a letter of complaint- that in her day it would have been 6 points, end of story.  

I have been trying to call my Union's legal team to initiate a claim for his bike & injuries, but not got through yet.  His mum's union will also take on personal injury claims for family members, but are there other options?

I'm interested in what anyone thinks we should do?  I'm keen on not learning the hard way, having never done this before, so if anyone has experience they don't mind sharing to avoid pitfalls, please do.
I have been really upset by the whole thing, but I do have a thick skin- if people think we need to just accept it, I'm happy to hear why.    

If you're new please join in and if you have questions pop them below and the forum regulars will answer as best we can.

Add new comment

45 comments

Avatar
Seventyone replied to OnYerBike | 2 years ago
1 like

I am sure you could get legal advice on a "no win no fee basis" which means the risk to you financially is zero.  This is what i did whewn i was knocked off (admittedly several years ago)

 

Avatar
Seventyone replied to OnYerBike | 2 years ago
1 like

NB you can also claim for the cost of the skiing holiday, any care costs, taxis to the hospital, loss of function in the arm etc. etc. etc.  try to record everything that you do/ can't do as a result of the accident.  I claimed for the cost of my bus fare to work each day as I couldn't cycle for example.  

Avatar
brooksby | 2 years ago
4 likes

I had thought that if someone manages to cause serious property damage and/or injury that soon after passing their driving test, then the absolute priority would be to get that person off the road, to revoke their driving privileges, and to make them try again!

@Base - best wishes for your son's recovery, and I hope this doesn't put him off being outside

Avatar
hawkinspeter | 2 years ago
4 likes

Sorry to hear this - sounds like an absolute nightmare.

Personally, I'd consider that driving this badly after just passing should mean an immediate revocation of her driving license (i.e. she'll need to pass a test again)  along with a ban so that she has some time to reconsider whether she has the temperament to learn how to drive.

Luckily, I have no experience of this kind of thing, but I'd guess that it should be easy to claim the cost of a new bike directly from the driver in a small claims court.

Avatar
Seventyone | 2 years ago
4 likes

This is absolutely dreadful.  I hope your son is OK in the long term.  You need to keep photos, receipts and other records for the civil claim you shoulf be putting into the driver's insurance company.  Do you have a solicitor for this yet? 

 

EDIT: having read your post more fully I'd go for a solicitor that specialises in these cases.

Much as it sticks in the craw to make money for ambulance chasing lawyers, this is, it seems, your only opportunity to ensure the driver doesn't drive any more (as their insurance premiums will be so high).  

I can't see what this could not go to criminal court: the driver has been shown to be an unreliable witness as she has changed her story already, and you have witnesses.  I would write to anyone you can complaining about this.  

 

 

 

 

Avatar
Secret_squirrel replied to Seventyone | 2 years ago
2 likes

Seventyone wrote:

EDIT: having read your post more fully I'd go for a solicitor that specialises in these cases.

Much as it sticks in the craw to make money for ambulance chasing lawyers, this is, it seems, your only opportunity to ensure the driver doesn't drive any more (as their insurance premiums will be so high).  

This.  I hate ambulance chaser's having been the "victim" of one, but go after her insurers with every ounce of your ability.

Avatar
Hirsute | 2 years ago
4 likes

The sort of standard I am beginning to expect from essex police.

Glad the lad is fairly ok though.

As Rendel says I don't see any way to appeal this so it's now down to your appetite for attritional work (maybe wtjs can help out !!)

Essex are supposed to have vision zero but this is another example of where they are not backing up their vision with action. Seems to me with an 11 year old and the crass comments from the traffic collision investigator you have all the ingredients to shame them and maybe get them to take more action. All depends how much time and emotional energy you feel you can put into raising complaints and getting media interest.

 

Avatar
Beatnik69 | 2 years ago
2 likes

That is appalling. I wish your son a speedy recovery. I can't understand how this isn't classified asdangerous driving, considering there was actual injury caused.

Avatar
srchar | 2 years ago
11 likes

What sort of dickhead turns up at a crash scene and tells the parent of a seriously-injured child that it's not so bad because they themselves ran a child over shortly after passing their test?

Glad your boy is recovering. However, the system is very sick. Even six points sounds like a piss-take. A driver improvement course, for someone who has literally just passed their test, is a joke.

Avatar
Daveyraveygravey replied to srchar | 2 years ago
3 likes

srchar wrote:

What sort of dickhead turns up at a crash scene and tells the parent of a seriously-injured child that it's not so bad because they themselves ran a child over shortly after passing their test?

Glad your boy is recovering. However, the system is very sick. Even six points sounds like a piss-take. A driver improvement course, for someone who has literally just passed their test, is a joke.

And that bit where the white hat said "the course of action would be determined by the severity of the injuries"???

The system stinks.  Drivers get away with so much, because they are drivers and everyone involved with any case is also a driver, so they are all thinking thank god it wasn't me, mustn't be too hard on them.

I'd complain as high as you can go with the police, and get your MP involved.  The woman should not be driving without an extended retest.  Driving should be seen as a priviledge, not a right, and she is clearly determined to wriggle out of it if she possibly can.

At least your son wasn't too badly injured.  But I think this could drag on for you all for a long time, you may want to think long and hard about how much fight you have in you.

Avatar
Sriracha replied to srchar | 2 years ago
3 likes

That bit, "it happened to me" really gets me. It is saying that "accidents happen to drivers", and "won't someone please think of the driver, the other victim here!"

Avatar
Rendel Harris | 2 years ago
4 likes

Thank goodness your son is relatively OK, I hope he recovers fully and swiftly.

You have every right to be furious about this. Unfortunately, as far as I'm aware, there is no real mechanism whereby a victim can challenge a traffic penalty decision. You can certainly make a complaint about the way the police handled the case but it wouldn't change the decision even if it was found in your favour. The police/CPS work on the basis of likelihood of obtaining a conviction, something which is subjective to say the least and any complaint really ends up your opinion against theirs - no prizes for guessing towards whom the complaints procedure tends to lean in such cases.

The civil route is definitely the best way of exacting some measure of justice in that at least you will (hopefully) receive appropriate compensation and the driver will face some sanction in terms of higher premiums. It sounds like it's less than she deserves, but sadly I think it's the best result you'll get. Civil cases are decided on the balance of probablities, i.e. what most likely happened, rather than the burden of proof in a criminal court where it must be proved beyond doubt that something happened. Good luck!

Avatar
HoarseMann replied to Rendel Harris | 2 years ago
1 like

Rendel Harris wrote:

Unfortunately, as far as I'm aware, there is no real mechanism whereby a victim can challenge a traffic penalty decision.

It's hard to challenge a decision, but you do have the right to do so under the victims code of practice.

When considering an out-of-court disposal option, the police must ask the victim their opinion on this. If the victim is unhappy about it, then that must form part of the police's decision making. Ultimately, the police can decide what to do, but if they don't ask the victim and fail to consider their view or justify their actions, then they will not have followed due process and a police complaint could be raised.

Avatar
Rendel Harris replied to HoarseMann | 2 years ago
0 likes

Interesting, thanks. I assume though that if the police have made the offer and it has been accepted the only sanction that will arise is on the police for not following due process, the defendant can't then be told the police made a mistake offering you a course, even though you've done it we are now taking you to court, can they?

Avatar
HoarseMann replied to Rendel Harris | 2 years ago
0 likes

I'm not sure if the police can withdraw the offer of a driver course. I suspect they probably can if it hasn't gone ahead yet.

Pages

Latest Comments