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Question
Posted by: 1951 | 2008/09/12

Motorbike accident, what do I do?

Hi there cybershrink I havent spoken to you in ages. You wont remember who I am so lets not worry bout that anyways. Well hope you well. I remember you being involved in a car accident and being quite badly hurt. I was hit by a scooter last Friday at 9:40pm on my way back from promotion work. I was on my scooter and was increasing speed to about 70km/h after sitting and waiting at red robots. I stayed in my lane and just kept going straight as there was nowhere else to go anyway! haha All of a sudden I got hit real hard from the back and went flying. I got up as quick as I could because I was scared I would get run over while in the road. I went over to the side and then walked up to the lady of the car who hit me I asked if she saw me and she covered her mouth and said no. I said why didnt you see me and she said ' I dont know' . I was in shock and a car stopped to ask me how I was and witnessed her weaving around on the road and straddling the line. They say they had to move out of the way from her hitting them too. They let me sit in their car to rest a bit while paramedics and police came and then my father. The witnesses after speaking to her said that she reaked of alcohol and she was way over the limit. Perhaps thats why she covered her mouth and perhaps thats why the whole time the poilce and medics were there she refused to get out of her car!!!! I have the witnesses phone numbers and I know I have a very good case. I have been to hospital and my right foot is broken in four places. I have road burns all over, I havent heard about my bike but I think it' s written off from what I saw of it. Im not sure if the police tested for alcohol but I will be furious if they havent. Her fiance phoned on I think it was the Sunday and asked if I was still alive, asshole, and he said that a witness said I was underage. How can a 6ft4 guy on a scooter with the legal being 16 and over be witnessed as underage. Truly grabbing at loose straws there I see. He said that his insurance would pay for his car. Like I cared anyway.
With my mother dying of cancerand me supposed to look after her and its now very hard for me to get to work and back. I just wanted to know if you claimed from the Road Accident Fund and if it worked out or not. Would I get anything Would I have to go through a moneygrabbing lawyer? And Im definitely considering sueing especially after hearing that she lied to the police later and said that I swerved in front of her. Talk about irresponsibility. First driving under the influence and then almost killing someone and trying to blame it on them!
How did it go for you? Were you able to get compensation? Please let me know if you have any contact numbers or people that could help me. Thank you and hope you well!

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Our expert says:
Expert ImageCyberShrink

I believe that in cases like this, the police themselves should be prosecuted for megligence if they fail to take a valid blood alcohol sample. Shame, your situation is indeed reminiscent of mine, as I too, had the proud duty of looking after a dying and disabled mother while seriously injured and handicapped myself. Beware of an error I made --- I became so involved in the essential caring for her ( which I dont regret in the least ) that I overlook the fact that they seem to have a 3-year deadline for applying to the RAF< and I may have missed the deadline, as I was just far too busy to apply earlier. Sounds like you'd benefit from legal advice, and your lawyer could get copies of the relevant statements, etc., and advise on whether you'd have much chance of a private prosecution.
As why says, if it can be proved that she lied about the accident, she can be charged with Perjury, which is a serious criminal offense, in addition to drunk driving, etc.
As I wasn't helped at the time, I'm afraid there's nobody I can recommend to help you --- but I wish you the best of luck. And its not only about fair compensation for your pain, suffering, medical expenses, and extra costs of geting around and maybe hiring a caregiver for your mom to help you, but to take a drunk off the streets where she will he a danger to others, too

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Our users say:
Posted by: why | 2008/09/12

You certainly have a case. What helps in your case is that you have witnesses and their contact details. If she lied to the police she could be charge with " myneed" , I don' t know what it is in English for giving a false declaration and false information and a definate charge against her is driving under the influence of alcohol which is a charge on its own and perhaps defying the ends of justice. The police' s work is to drew blood at the accident scene of the person in question which would be this lady if they suspect any alcohol has been used. As you say that according to the witnesses that she smelled like if she had consumed alcohol. The fact that you say that she covered her mouth and refused to get out of the car is perhaps a sign that she had something to hide. Being over the alcohol limit is surely according to law an offence and can surely be charged. They surely is grabbing loose straws because they know that she was wrong and in serious trouble.

If I was you I would get a laywer who knows the law about and try to get affidavits from the witnesses. The affidavits from the witnesses will be definete plus for you.

There are a lot other things that are also at stake here.
Good luck.

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