A couple of months ago my son Aaron, was involved in a motorcycle accident.
He was travelling behind another motorcycle which in turn was following a car. Aaron didnt know the road too well and as there was a straight piece of road he overtook the two vehicles. As he went to overtake the bike the biker put his indicator on to turn right into a side road as Aaron gestered the biker in a friendly sorry hand sign when the car in fron the bike turned into the side road and aaron went straight into the side of her. The biker who was rather elderly was moaning at aaron for overtaking there and said in all his hundreds of years riding a bike he never overtook on a side turn. Aaron accepted it was his own fault not realising there was aside road ther but also explained that the biker was riding behind the car in a way that he was hiding the cars indicators and also that the biker had made a late last minute signal to turn. Aaron has a feeling that the bike and car were together but cant be certain of this.
Anyhow Aarons insurance paid up with no hasstle . Now he had a phone call off the police asking him to attend the police station for a formal interview and he was asked if he wanted a solicitor presant and the police would get him one. he could be done for dangerous or careless driving.
Aaron has rang a few specialist bike solicitiors but they want £200 an hour which we cannot afford.
My questions are what happens in a FORMAL interview? Do you think the police are trying to put the blame on Aaron? Should Aaron answer their questions? What do you think will happen?
His interview is this friday and we are all very worried can anyone help. please.
Lin x
A formal interview doesn't have any specific definition but it does imply the Police are considering prosecution. I say considering as if they viewed it as a definite offence you would have received a summons not an invitation to interview. It will take place in an interview room and may be recorded, if it is recorded you have a right to a copy of the recording.
If you want a solicitor present does your son have legal cover on his insurance policy?
It's an awkward one, as I assume it is his word against that of the two other drivers. Were there any other witnesses to the incident?
There is no doubt that it is driving without due care and attention but we all have careless moments where we don't spot something we should or make a bad decision, whether it is prosecutable is another matter.
All you can do is stick to the facts as you see them and try and remain calm when the Police keep repeating the same questions in different manners and telling you you are guilty, just try and maintain your cool no matter how outrageous the Police comments are.
Unfortunately in the situation you describe the Police will be disposed to assume the young guy on a bike was trying too hard. Were the police called to the incident or has this just come out of the blue?
There is an offer often made in these circumstances, "right sir we are going to prosecute you for dangerous driving which means a fine up to X and loss of licence for Y, of course if you plead guilty to due care and attention you would get off with only......" Usually this indicates a weak case they don't want to take to court but there are no guarantees.
well first of all,never admit liability on the road,ven if it is your fault.thats the golden rule.
As I see it,from the way you described,if the other bike started to indicate AS your son was overtaking,the fault lies elsewhere.
Prof is right IMO.Attend the interview and explain the facts calmly and collectively,possibly prepare some notes of the incident.Your insurance may well include legal cover,if not one will be provided by the police who will be just as effective.
I personally dont think you have much to worry about.The insurance have already paid out so as far as they are concerned,thats the end of it.
You hear a lot of this sort of thing,think it's all sorted out and then out of the blue comes a phone call because the other party is trying to take the wee wee by claiming whiplash or something in an attempt to get some money out of it.
Hiya Moonstone...
Is it possible that the police are offering a 'duty solicitor'? From what I remember, there is no charge for that service at a first interview. (The law says we are all entitled to legal representation, no matter of income etc). If this is the case, then it might be wise to accept the offer.
For whatever reason, overtaking at a junction is a no no, and of course, I agree with Prof, that we all have moments when we don't see something, or don't know the roads, but at the end of the day, it sounds like a case for dangerous driving, and the penalties for that (if convicted) are quite harsh (unless of course you are a politician who is drunk lol)... If you are attending without a solicitor, then honesty is probably the best policy, and your son should describe events exactly how he remembers them. Of course a solicitor might advise you differently.
Is there any chance of applying for legal aid? There is a good website that you can input certain financial/social information, and it tells you if you would be entitled (your son)... do a google search for uK legal aid.
Also, if you cannot sort all this out before Friday, you are within your rights to ask for a postponement of the formal interview.
Good luck... keep us informed how your son gets on?
C x
Not splitting hairs but a side road and a junction are different beasts altogether but I'm not going to get into a lengthy discussion about that sort of thing.The general concensus seems to be attend the interview and tell the truth as he saw it,with the old bills brief if you cant afford one or the insurance wont provide one.
Hi Lin, I dont know how long your son has been riding? but i think the more expirenced rider would have clocked the side road and backed off. Just sounds to me like he made a geniune mistake and if he does what everyone else is saying and just explains it as it was, then the plod may just giv him a caution and let it go.
If it gets serious, let everyone on here know and we can set up a BM protest!!!!
Hope all goes well friday, 2wheely
Thanks all for this help.
The odd thing is he has never been asked to make a statement eiter for the police or for the insurance company but the insurance paid up on an interview over the phone.
Its a good idea to check legal protection on his insurance he was fully comp thanks. I just rang him and he is going to check to see if he is covered.
The police were called to the scene by the biker there was also a witness behind Aaron so not sure if he saw the late indication by the biker in front and the car that Aaron hit.
Aaron isnt a new rider he has 8 years experience but anyone cam make a mistake I guess.
Will keep you all posted thanks again
Lin x
If your son is in a union Lin they might be able to help, my union have provided me with a solicitor free of charge for my bike accident, I seem to remember one Solicitor saying to me that if I had public liability even if only on my house insurance then this would cover me if my Union didn't.
If he's in the RAC or the AA, that might well cover him for some legal work, too. Best of luck anyway. From what you say, it sounds as if everyone involved has made a mistake to some degree, and it sounds a bit unfair to be singling out just one of the parties involved, although I don't suppose the police would tell you if they were conducting formal interviews with the other people anyway. Fingers crossed. Was anyone injured, by the way?
just take the free solicitor, cos it's free and as good as any other solicitor ur gonna get.
Dress smart for the interview, be punctual and don't say too much. He shouldn't admit that he saw anything that should have made him back off. He should play it like it seemed like a safe place to overtake, and during the manoeuvre the other person began to indicate, by which point it was too late to pull out of the overtake.
And that's it. Say nothing else. If they're trying to catch him out, he should just say "I have no memory of that part of the event" or something like that (the free solicitor will tell him what to say).
As has already been said - they clearly don't already have enough to go on.
When I had my bad accident 6 years or so ago, they prosecuted the woman who hit me immediately. She was done for due care and attention & dangerous driving. Lost her licence, paid fines and had to do extended tests to get her licence back.
The formal interview can take many forms. when i had my crash i had a formal interview even though the other side were being prosecuted. they may be considering prosecution on the outcome of the interview and so are advising to go in with legal representation. they may decide that following Arron's statement it may be a momentary lapse of concentration not noticing the side road. If the motorist and other biker have not indicated in good time to show their intentions then they can be at fault as well and the CPS may decide not to proceed. I'll send your original post over to my dad ans see if he can give any advice on what the possible outcomes could be. In the end it is the decision of the investigating officer and ultimately the Crown prosecution service who will decide if the matter is going to court.
No CG he isnt in a union. He lives at his girlfriends parants so not sure what insurance they have and whether they would use it on him for the legal representation.
Wills no he is not in Rac or AA either. He was taken to hospital had a bad bruise to his knee and leg and broke his finger but he is fine now thanks. The lady in the car wasnt treated as far as I know at hospital but did suffer from shock at the scene. who wouldnt.?
Thanks Matt it all seems healthy advice i will be summonsing him here to read these threads first hand!.
I was hoping you would have am input with your dad Pagan look forward to his input. Thanks
Lin x
best to say nothing let solicitor speak to plod after consultation plod seem to rely on you incriminating yourself these days in my experience staying stum is best option
Got a response from my dad who is a retired bike cop and currently is a Hackney licensing officer so is still up to date on the road traffic act etc. here is his reply
Your sons friend may be at fault. The highway code advices that you should not over take at or approaching a junction. The other biker should have observed him earlier, and knowing that he was going to turn right, indicated his intentions sooner. The car driver may have had his vision obscured by the first bike, who he thought was also turning right. Your friend son then gives a wave sorry, and has failed to notice that the car is also turning.
1st question. when was the accident?
2nd was anyone injured.
3rd how long after the accident did the Police contact him.
Any accident involving injury must be reported as soon a practicable and other wise within 24 hours.
The formal interview more than likely be taped recorded.
He will be cautioned i.e. YOU DO NOT HAVE TO SAY ANYTHING, BUT IT MAY HARM YOUR DEFENSE IF YOU DO NOT MENTION WHEN QUESTIONED ANYTHING YOU LATTER REPLY ON IN COURT. Basically, if he fails to give an answer to a question, then the magistrates may draw their option on that, or if he gives an answer to the question, then they may accept is as the truth.
He may take anyone in with him it does not have to be a solicitor, h who is only there to see that the correct procedure is carried out.
Better advice than that will be hard to find , i believe generally the police ar'nt out to "get" someone ..so it's best to lay your cards on the table , and why not accept their solicitor thats available and save 80+ quid .
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