Is 9 points justice for spinal injury?
9 months ago someone drove into me while I was driving my bike on a roundabout, I fractured my back and my leg in three places. I was in hospital for 2 weeks and still walk with a crutch.
Yesterday I got a letter telling me the verdict of the criminal prosecution. The offence is described as: “Drive a mechanically propelled vehicle on a road/ in a public place without due care and attention”. He was punished with 9 points on his licence and a fine of £120, £90 procedure costs and £34 to fund victim services.
Can you explain what has happened here and how to get rid of this nagging emotion that justice has not been served?
Mr BH, by e-mail
Answer
“Driving a mechanically propelled vehicle on a road or in a public place without due care and attention” is commonly known as careless driving. Careless driving is where the standard falls below (not well below) that to be expected of a reasonable driver. Fines are based on a driver’s level of income. The costs and victim surcharge fee (for supporting victims of crime) are added on top of the fine. I appreciate your frustration but he did get the maximum points possible (9) for the offence committed. Accident victims are unfortunately often disappointed with the results of prosecutions.
You can of course pursue a claim for civil compensation for your injuries and financial losses which would be worthwhile considering the nature of your injuries.
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