Safe Speed Forums

I got hit by a van earlier while I was stood in the road directing traffic around my broken trailer after a sudden wheelbearing failure. I was even wearing a HiViz.

He didn't stop but he was only doing 5mph max. He hit me with his mirror and closed in on me pushing me backwards.

I punched his van VERY hard WHILE he was pushing me backwards and shouted a load of abuse at him(still as he was running into me!). I've visibly damaged his van with my fist in 2 places. I could see it as he drove off). I got his firms name but not the registration. I did however get a very clear look at the driver and passenger.

What's the legal position here? Can I be prosecuted?

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Smokebelching,CO2 making,child murdering planet raping,granny mugging,politically incorrect globally warming (or is it climate changing now it's getting colder?)thug.
That's what the government want you to believe of me. If they get back in I'm emigrating.

You were hitting the van to attract his attention and stop him coming into you, right? That's the way I read it and in that case, I would have thought that 'any means necessary' would be easily justifiable.

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Paul Smith
Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety

I'd ring up the company and explain to them what happened. Tell them that damage was done to one of their vans and you can also identify the occupants. Also tell them that you are going to the police, and I'd report it anyway.

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Useless laws weaken necessary laws.

If you were being pushed towards a static object, and hence feared for your own safety in relation to being crushed, or being thrown off-balance and falling towards some immoveable or projecting item, then there is certainly an element of self-defence.

And from the details posted, this is not an RTA (can't come to terms with that RTC rowlocks ) It is an assault. It may only be, in legal terms, dependant upon any injuries, a Common Assault, but nevertheless a Criminal Offence. The use of a vehicle as an Offensive Weapon becomes, I am reasonably sure, an 'Aggravating' feature in the offence.

In practical terms, assuming the evidence stands up, Reckless Driving would be included to ensure endorsement and/or disqualification.

What you have to consider is whether the employee has, on the instructions of his employer, reported an incident of Criminal Damage by this 'mad man' who battered their vehicle.

You've probably 'got in first' by relating the tale here. Paul, I'm sure if requested, would provide a statement concerning time/date/content/origin of the post.

Record everything you can, including descriptions, in a Word (or similar) document, and then save it with a time/date stamp, or better, copy it to a disk.

No, wasn't an assault-the driver was ancient and blatantly incapable.

The van belonged to a charity and the driver has already been traced. There were 3 witnesses.
Not sure I want to cause a charity the kind of hassle this could bring but I do want this incapable fool removed from the road before he kills someone.

1. See GP - if you have any pain or bruise - get it verified by qualiied person.

2, Call the company an explain what happened. If they refuse to discuss the matter .. then immediately

3, Call police and explain matter. If you have medical report - then use as proof so that police do interview the employer with a view to interview the driver.

4. Report anyway. We do use this intelligence and such moronic drivers do make a habit of such moronic traits

[ I f you fail to report - we cannot then plan our strategy to keep you safe

And no - you would not necessarily be prosecuted. Majority cops are professional, objective and true to themselves.

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Take with a chuckle or a grain of salt
Drive without COAST and it's all your own fault!

A SMILE is a curve that sets everything straight (P Diller).

A Smiley Per post
FINES USfor our COAST!

Approach love and cooking with reckless abandon - but driving with a smile and a COAST calm mind.

Surely there's the little matter of failing to stop?

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Paul Smith
Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety

Thanks In_Gear.

No pain, no bruising-he wasn't going fast enough for that.

I'll report it tomorrow then.

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Smokebelching,CO2 making,child murdering planet raping,granny mugging,politically incorrect globally warming (or is it climate changing now it's getting colder?)thug.
That's what the government want you to believe of me. If they get back in I'm emigrating.

In which case what comes into play is a publication issued by the Health & Safety Executive which , if I remember correctly, was issued September 2003, and entitled, "Driving at Work".

It's down loadable and places on employers a responsibility to consider the actions of employees.

The document in question is INDG 382 'Driving At Work'

Extracts state: '.. .You also have a responsibility to ensure that others are not put at risk by your work related riving activities.'

Pages 11, 12 & 13 talk about ensuring the competancy, training, fitness and health of drivers.

If anybody want an electronic copy (pdf) drop me a line.

Regards

Brett

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Gordon Brown saying I got the country into it's current economic mess so I'll get us out of it is the same as Bomber Harris nipping over to Dresden and offering to repair a few windows.

Chaos, panic and disorder - my work here is done.

http://www.wildcrafts.co.uk

I should say so - making such contact it likely to be regarded as a collision and the driver was presumably aware - certainly after the OP rapped the warning on the side of the van.

Also the pushing backwards bit is concerning - it could have pushed him over backwards causing a limb to fall under the vehicle. I would expect the police would be looking at DWDCA.

youve been involved in an accident , therefore you must report it.Both to the Police and your employer.
make sure you enter the accident into the accident book at your place of work , in case of health complications at a later date.
I wouldnt worry about it being a charity or any other organisation ! you have a right to be on the road as well( presuming your taxed,insured,MOT'd as being in charge of a vehicle), after all the driver was contravening the law, failing to stop at the scene of an accident and I assume failing to report an accident.
as you tried to make him/her aware of your presence , how could they have failed to realise they had just caused an accident

That's not correct. We have no obligation to report a road accident unless (from memory):

- people are injured
- certain animals are involved (pigs, dogs, horses, goats or cattle)

I can't think of any more offhand...

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Paul Smith
Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety

surely being hit by a vehicle IS an accident ,and what i would call a hit and run would qualify as people being injured or possibly injured ?
as the van failed to stop , i think it safe to assume the driver didnt report it .

volvofl10, your comment about reporting it seems to be blurring two distinct branches of law, this accident comes under Traffic Law - primerily the Road Traffic Act, under this as Paul correctly states there is no requirement to report (to the police).

However your comments about the accident book come under Health & Safety Law, and under that the driver would be required to report it to his employer (as it is an accident at work). Putting it in the accident book would be a poor way of dealing with it as the accident book deals mainly with physical and medical results of accidents for the purposes of the Social Security legislation (related to statutory sick pay, incapacity benefit etc).

If an employee came and reported this to me or a line manager it would go into the acident book but would also result in a formal accident investigation.

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Gordon Brown saying I got the country into it's current economic mess so I'll get us out of it is the same as Bomber Harris nipping over to Dresden and offering to repair a few windows.

Chaos, panic and disorder - my work here is done.

http://www.wildcrafts.co.uk