Due care charge after overtaking stationary cars
I have received a summons for driving without due care and attention. I was on a 30mph road overtaking a line of stationary cars waiting for a red traffic light when a car a few back from the lights suddenly turned out in front of me and I hit the front of his car. There is a witness who said I was not speeding. The car driver has admitted liability in the insurance claim. What can I do as my personal injury claim solicitor says he can’t help?
Richard Smith, by e-mail
Answer
Driving without due care and attention, otherwise known as careless driving, is when the standard of driving is deemed to fall below the standard expected of a reasonably prudent driver. This is as opposed to driving that falls well below the standard expected, which is the offence of dangerous driving.
You don’t say what speed you were doing and that may be relevant but the starting point is that filtering is legal and is, in itself, not evidence of careless driving. You use the word overtaking rather than filtering. The distinction between filtering and overtaking lies in the comparative speeds of the bike versus the queue of traffic. You say you were not speeding but this could mean you were passing the cars at 30mph which many judges would find to be excessive when the rest of the traffic is stationary. I suggest you speak to a criminal lawyer in your area for advice on what to do – it will depend on the precise circumstances.
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