Careless driving causing injury

**vae** · 29th July 2010, 17:10

Last Tuesday, 20 July got hit by a car going home from work.
Dislocated little finger (both bones parallel to each other) and varied bruises and swelling.
Did you guys know that if there's nothing broken the driver can't be charged with careless driving causing injury?

It really floored me, the judge wont even be told about my time off work, pain and suffering and so on. Penalties for plain old careless driving, probably a slap on the hand.
I was going 20 under the limit and have to wonder what the damage would have been if I was going faster!
I know I got off lucky, but I already have a reconstructed kneecap from a previous car accident (another crazy woman driver) and I'm a bit sensitive to getting hit.
You guys have any experience in this area??
Thanks.

**Mom** · 29th July 2010, 17:59

Mind out for crazy woman drivers in future

**hayd3n** · 29th July 2010, 18:18

maybe victim support can help ya m8?
still sounds like she caused a injury and behaved carelessly

**PrincessBandit** · 29th July 2010, 18:47

What was the reason you were going 20 under the limit? (just had a quick look back at your OP to check that you weren't on an Lplate). Sorry to hear about your experience, but I was just curious as to whether it was someone cheesed off about your speed, or lack thereof, or simply a vacant bird whose brain was somewhere other than engaged in her head. (And no, I'm not suggesting for one moment that being that far under the speed limit in any way justifies you being hit; however it can be incredibly frustrating to be stuck behind someone who is going much slower than the limit). I try to keep in mind when I get impatient behind a slower traveller that there may be a good reason why they're going as slow as they are.

It's shocking that nothing will be done about it. An awful lesson to learn - appreciate you sharing it with us so that we don't have to find it out the hard way ourselves.

**DrunkenMistake** · 29th July 2010, 19:13

Funny this should come up, about a week ago I was waiting at the lights on a four lane road )2 my side 2 their side) and I was in the left lane going straight and an asian woman (not to discriminate but it is what it is) on the right hand land was going straight through, the lights turn green and I tend to be a lil slow on take off.. thank god this woman puts her left indicator on and turns left into my lane, so speed wise this is like 5k's but she managed to pin my leg against the side of my bike and push me to the side a bit so no injury other than a bruise and a small scuff of the bike, but the coppa who handled it all said due to the fact that I was a learner rider I must have been in the wrong and therefore nothing could be done about it, the fact is, it that its fucking commen sence If your in the left lane you either go straight or left, if your in the right lane you either go right or straight. Thought id add some rage. Haha

**rastuscat** · 29th July 2010, 19:52

The penalty for Careless Driving Causing Injury includes a mandatory loss of licence for 6 months.

For this reason, the courts want the injury to be more than transient (i.e. minor bruising) before they convict someone of this. Lots of Careless Injury charges get dropped to Careless only by the judge, as the injury wasn't up to the judicial standard expected.

Also, lots of people will plead guilty to Careless, but would instantly plead not guilty to exactly the same driving behaviour if Careless Injury is mentioned, as they don't want to suffer the 6 month ban.

Historically the Popos have applied the standard of there needing to be broken skin (i.e. stitches) or broken bone, although there are obviously other standards too. Someone with top to toe bruising who is off work for a month as a result is clearly suffering bodily injury. On the other hand, bruising alone isn't enough to make a judge take someones licence away.

Sadly also, the decision makiing of some Popos is more to do with the workload they have, and taking the path of least resistance i.e. if they think that Careless Injury will mean a not guilty hearing and all the paperwork that goes with it, Carelesss will winn every time.

Whatever the Popo decides is up to them, but you do have the right to have a Victim Impact Statement read to the court, advising the court as to the full circumstances.

Just me 0.02 worth.

So there.

**vae** · 30th July 2010, 09:26

The reason for 20 under the limit, a very dangerous spot with many near misses in the past.
I was going straight through on a main road, she was turning in front of me to go right.
After eyeballing her, she turned at the best time possible for me to have no chance of avoiding her. Yes, there was a good distance between me and the front car, lights on etc.
I rode 12000 kms on my 3 bikes in the last year, with a lot of commuting. so no, not a learner.
I've been back on my Ducati once, adjustable clutch lever which helps but my little finger (and splint) doesn't fit in the glove.
I need motorcycle mittens!!!

**vae** · 4th August 2010, 09:16

Yes, done over twice.
By the car driver and then the attending cop and at least the driver didn't mean to hit me!

**Banditbandit** · 4th August 2010, 09:34

Originally Posted by vae

Last Tuesday, 20 July got hit by a car going home from work.
Dislocated little finger (both bones parallel to each other) and varied bruises and swelling.
Did you guys know that if there's nothing broken the driver can't be charged with careless driving causing injury?

It really floored me, the judge wont even be told about my time off work, pain and suffering and so on. Penalties for plain old careless driving, probably a slap on the hand.
I was going 20 under the limit and have to wonder what the damage would have been if I was going faster!
I know I got off lucky, but I already have a reconstructed kneecap from a previous car accident (another crazy woman driver) and I'm a bit sensitive to getting hit.
You guys have any experience in this area??
Thanks.

Yeah .. I've hit a couple of cars in my time .. 'cause they did stupid things in front of me ... Welcome to the world of bike riding ..

**Spearfish** · 4th August 2010, 09:49

If your a good rider its probably worth thinking about video cams to capture some of this stuff. There is a large "but" with that approach though no points for guessing what.

I'm slowly coming to terms with the fact for the most part drivers/courts just don't care about vehicle crime, everyone gets the minimum it almost like the Judges are apologetic for handing out any consequence for any severe display of fuckwitism.

How hard is it to clamp a wheel for six months?

**Usarka** · 4th August 2010, 09:52

It's all luck.

The driver could do exactly the same thing with different results depending on where you were, and a bit of "luck"

Car pulls out and just misses you - wave or finger and carry on.
Car pulls out and you get a bit bruised - careless driving.
Car pulls out and you break a leg - careless causing injury (six month ban + $4,000 fine)
Car pulls out and kills you - careless causing death (12 months ban + $10,000 fine)

**avgas** · 4th August 2010, 09:55

Originally Posted by rastuscat

The penalty for Careless Driving Causing Injury includes a mandatory loss of licence for 6 months.

The only mandatory part is the loss.
The time can be changed accordingly.
In my case the judge did not like motorbikes so gave the other guy a loss of license of only 4 months. And he was allowed to apply for a work license.
I took the bus for 2 months.

**Usarka** · 4th August 2010, 10:00

Originally Posted by avgas

In my case the judge did not like motorbikes so gave the other guy a loss of license of only 4 months. And he was allowed to apply for a work license.
I took the bus for 2 months.

Was this a while ago? I fairly certain it is currently 6 months minimum for CCI.....

**vae** · 4th August 2010, 11:05

I had my arm broken in 3 places with a metal plate inserted. Could use the arm 4 days after the accident. Dislocated finger, can't bend or use it and yesterday it was 2 weeks since the accident.
Physio said dislocations are much worse than breaks and offered her ph number for evidence, but the cop doesn't want to know about it.