Moral and legal dilemma.......

[witness]

ok, im a regular user here. got a problem that involves the law and going to court, hence the alias.


about six weeks ago i witnessed a horrific accident involving two cars on a dual carrigeway. both cars were going the same way, i was driving (not riding) the other way. one crossed into the others lane causing it to lose control and strike a bridge support at 45 degrees to the head on, at 50 to 60 mph. that car turned up on end, and rolled end over end twice till it struck the central reservation and stopped.

the driver of that car walked away unscathed.

the other car continued up the road, up the bank and rolled several times crushing the roof right in, busting the doors and boot open and smashing all the windows.

the girl driving was in a very bad way with at least one broken arm.

now she is guilty as sin, it was entirely her fault, there was nothing else on the road and she just veered into his lane, she obviously wasnt paying attention. lying in the road shaking in shock and covered in peoples coats all she kept asking for was her mobile.


my problem is.......im required to disclose everything that was said to me by the drivers.........and the first thing he said to me was "i was involved in a motorbike accident last week where i banged my head, i think im still concussed"

he didnt appear to be anything other than perfectly lucid and normal, but clearly if he thinks this he shouldnt have been driving

i know from recent personal experience with the CPS that this will severely predudice his case, so im tempted to omit it from my statement........but should i

[Keir]

If it was the driver that cut across the lane that then admitted to you that he 'may still be concussed' then yes i would mention it. If his driving was of fine standard and the other driver was at fault i dont see how including it would be of any importance as he did nothing wrong.
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[lllN30lll]

[dodsi]

Punch her in the tits.

[djr]

[LeeR]

Likewise I'd be inclinded not to recall that...
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My claim to fame: Austin Vince nicked my pen...

[bazza]

[jay12329]

As long as he wasn’t medically told not to drive/ride it doesn’t matter even if it was his fault.
Its was a good idea for him to say something at the time as it may affect the medical treatment he is given. The second head injury can compound the damage from the first causing more issues than just the two bangs on their own.
HTH
J

[Ste]

If he was concussed and had been told not to drive that that'll all be in his medical notes anyway and the insurance will find out about it that way.

I see no harm in mentioning it, if he wasn't meant to have been driving then the insurers and police will find out anyway, might as well mention it just for completeness.

[Ghost]

If I were you I wouldnt mention it. It's clear as day it was the girls fault, you'll only be doing the poor guy a misjustice if you mention it in court. In any case a motorcycle accident a week ago would hardly have any bearing on his driving a week later, I had an extremely serious concussion from a mountain bike accident several years ago and i was absolutely fine within 3 days, confirmed by a doctor.

[lozzypop1]

Either of the drivers could say anything at the time. Shock? Paranoia? Guilt? Whatever.

Personally I would be inclined to only comment on what I saw, what I believed was a true account of what happened, anything other than this I would not feel comfortable with disclosing, due to only being able to 100% believe MY version of events.

Hope you feel comfortable with whichever you decide to do.
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Tell me and I'll forget; show me and I may remember; involve me and I'll understand.

[nrml76]

Stick purely to what you saw; after all, that is what the court expects of you. Leave the mudslinging to the lawyers. They will no doubt uncover his previous accident without any prompting.
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Everyone who lives dies, yet not everyone who dies has lived. We take these risks not to escape life, but to prevent life from escaping us.

[Stevep]

Anything either driver says to you is classed as hearsay in eyes of the law unless you are a policeman and then they can twist it. Yours however is usually not admissable as evidence in court as under the duress of shock they could say anything which is why after a accident where the blame could go either way when the police arrive the most you should give them is your name and address and then get took to hospital where the staff will keep them away from you till you are ready to talk to them
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Harleys run Forever

[craigie b]

[JonB]

Absolutely do not put it down. People say the absolute stupidest of things when they have just had a crash.

Being a Witness is as it says "Witnessing" something, you know for a fact you saw a crash, you are not a doctor you are not of authority to write down concussion as possible factor.

I'm not quite sure why you are considering writing it. If as a motorcyclist you might be feeling bitter that he knocked off another biker then that is a little bit childish.

TBF, i'm probably prejudist because I hate the amount of young girls who lack basic perception and spacial awareness skills.
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