Driving without due care and attention

I have been accused of driving without due care and attention. I was overtaking a line of stationary cars waiting for a red light when a car a few back from the lights suddenly swung out in front of me and I collided with the front wing. I have a witness who said I was not speeding. The car driver has admitted liability in the insurance claim. What can I do as my claim solicitor says he can’t help?
Big Joe, 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 do not state what speed you were doing and that may well 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 may find to be excessive when the rest of the traffic was at a standstill. I suggest you speak to a criminal lawyer in your area for advice on what to do – it will depend on the precise circumstances.

Download

Ask the expert (MCN Column pdf)