Careless driving causing injury

[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? :gob:
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]

Mind out for crazy woman drivers in future :blink:

[hayd3n]

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

[PrincessBandit]

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]

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 :shutup:

[rastuscat]

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]

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]

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

[Banditbandit]

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? :gob:
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]

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]

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]

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]

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]

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.

[avgas]

Was this a while ago? I fairly certain it is currently 6 months minimum for CCI.....
2004ish? I was stunned, cops were stunned..........pissed us both right off

[avgas]

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.
Yep the order of pain/uselessness is:
Break (I hurt a little) then Dislocation (I shed a tear and winch when I move it) then Torn muscles (I cried for 2 days, did not sleep at all - felt like I was someones steak dinner at Physio).
DAMHIK

[eelracing]

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.

In 95 I was bowled by a red light runner and to this day I believe I was saved from more serious injury because I landed on the bonnet of a car on the opposite side of the intersection.The prick driver got 6 months suspension and a $500 fine.I got a rod in my leg and three months off work and a worthless motorcycle.
Lesson learned tho as I slow down for green lights and check before entering.

Janurary this year a 19 yo German tourist was hit and killed on her bicycle by a 40 tonne truck just outside of Wanganui.Ironically less than 24hrs after she blogged that NZ truck drivers are a nasty species and the biggest threat to her on NZ roads.The driver got 12 months loss of license and $5000 reparation to the family for emotional harm and suffering...to this day he still aint expressed any remorse to the family who were here to attend the memorial last weekend.

Life is cheap on NZ roads.

[Patrick]

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.

Wot E sed....

Sounded like injury to me... without a doubt..... but if the judge says no, then its no..... or are you saying it was the Police's call...???? Even for simple Careless, disqualification can and should have been sought and the judge should have been made aware of the extent of your injury, costs, time off work, etc etc....

[tigertim20]

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? :gob:
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.

sorry to hear about your accident. You should get a lawyer, as I think you are entitled to make a victim impact statement, I may be wrong, but its worth a shot. A victim impact statement is basically a letter that you can write to the court, saying what affect this has has on you. You have the option of having someone read it out for you at court, or reading it yourself, Id suggest reading it yourself. good luck, heal quick

[St_Gabriel]

HAHAHAHAHA im laughing my fecking arse off about this (and not in a good way).

Last week had a young lass pull out of a carpark, she pulled up and looked, I had right of way so naturally thought she saw me (you can see where this is heading). She then turned right across my path (she was on my left and was turning right).

I t-boned her car after lowsiding the bike. Damage to me is all my safety gears rashed and fecked (claiming under contents insurance). I attended the medical centre approx 6 hrs after the fact due to my knee being in excruciating pain (no breaks, only soft tissue damage). Told it should come right in a week. I was meant to start a new job on Monday but have had to defer that for a week to recuperate ( a loss of a full weeks wages to me). Bike is written off as total loss (fully insured)

Her penalty, Failing to give way. No loss of points. $150

When I query this, officer mentioned no L plate on bike (I assume it fell off earlier in the day) and mentions she can do me for it (hundy bucks and a quarter of my licence). I also point out that an L plate would not have affected the ability of the young lady's ability to see me.

Officer also queries my choice of normal jeans on my lower half until I point out what Draggin's are/do. Now can someone tell me wtf does my choice of gear have to do with the punishment meted out, as long as I am complying to the prescribed minimum (helmet only and covering to prevent indecent exposure ??loincloth??) it should bear no relevance.

[St_Gabriel]

w can someone tell me wtf does my choice of gear have to do with the punishment meted out, as long as I am complying to the prescribed minimum (helmet only and covering to prevent indecent exposure ??loincloth??) it should bear no relevance.

I better add that I an definitely a staunch ATGATT supporter now

[rastuscat]

Your choice of gear has absolutely nothing to do with the charge the other driver gets. And how can the L plate possibly have anything to do with it? Ye Gods, this is stupid.

It's time the Police had a course in how to treat motorcyclists.

Mind you, maybe it's also time motorcyclists learned how to treat the cops, as I know it's not always a one way street.

[St_Gabriel]

Your choice of gear has absolutely nothing to do with the charge the other driver gets. And how can the L plate possibly have anything to do with it? Ye Gods, this is stupid.
My point exactly


It's time the Police had a course in how to treat motorcyclists.

Mind you, maybe it's also time motorcyclists learned how to treat the cops, as I know it's not always a one way street.
I believe I was polite and respectful the whole time (very unusual for me)

May I add that the person who pulled out was a early 20's female, and the officer was also, I believe, an early 20's female. Read into that what you will in regards to identifying with a perpetrator/victim. (Im middle age, balding, male and trying to beat fatt max in pie consumption)

[miloking]

HAHAHAHAHA im laughing my fecking arse off about this (and not in a good way).

Last week had a young lass pull out of a carpark, she pulled up and looked, I had right of way so naturally thought she saw me (you can see where this is heading). She then turned right across my path (she was on my left and was turning right).

I t-boned her car after lowsiding the bike. Damage to me is all my safety gears rashed and fecked (claiming under contents insurance). I attended the medical centre approx 6 hrs after the fact due to my knee being in excruciating pain (no breaks, only soft tissue damage). Told it should come right in a week. I was meant to start a new job on Monday but have had to defer that for a week to recuperate ( a loss of a full weeks wages to me). Bike is written off as total loss (fully insured)

Her penalty, Failing to give way. No loss of points. $150

When I query this, officer mentioned no L plate on bike (I assume it fell off earlier in the day) and mentions she can do me for it (hundy bucks and a quarter of my licence). I also point out that an L plate would not have affected the ability of the young lady's ability to see me.

Officer also queries my choice of normal jeans on my lower half until I point out what Draggin's are/do. Now can someone tell me wtf does my choice of gear have to do with the punishment meted out, as long as I am complying to the prescribed minimum (helmet only and covering to prevent indecent exposure ??loincloth??) it should bear no relevance.

Sounds like officer was sufering the usuall "love for all motorcyclists" syndrome....or he was just an asshole like most...
Of course if you had L plate and armoured pants there is no way you would have an accident in a first place so now you see he was just looking out for you :D

[vae]

Your choice of gear has absolutely nothing to do with the charge the other driver gets. And how can the L plate possibly have anything to do with it? Ye Gods, this is stupid.

It's time the Police had a course in how to treat motorcyclists.

Mind you, maybe it's also time motorcyclists learned how to treat the cops, as I know it's not always a one way street.

My cop seemed very anti motorcyclists.
I am a middle aged/middle class white female, no criminal convictions, actually have had very little to do with cops. At a time when I actually needed one...he basically went through every reason in the book why it could/should have been my fault. I was still in shock, pain, full of pain killers, fresh off the ambulance waiting for the doctor. Lucky I was sqeaky clean. To think when he came up to me, I even shook his hand.:shit:
Update, bike written off, $10,000 damage on my (commuter) Honda 2003 vtr250. Insurance pay out $4500. I couldn't even buy a damaged one for that!
Oh, and my injured finger is still useless, and it's been a month now.
I joke to my physio that I'm not really injured according to the law.
I shouldn't expect too much when you think of the murdering drink drivers only getting Home Detention
:angry:

[Patrick]

......
When I query this, officer mentioned no L plate on bike (I assume it fell off earlier in the day)

Yeah.... riiiiggghhhhtt..... TUI??? :shifty::laugh::msn-wink:

and mentions she can do me for it (hundy bucks and a quarter of my licence). I also point out that an L plate would not have affected the ability of the young lady's ability to see me.

Good come back... dopey tart she was......,

Officer also queries my choice of normal jeans on my lower half until I point out what Draggin's are/do. Now can someone tell me wtf does my choice of gear have to do with the punishment meted out, as long as I am complying to the prescribed minimum (helmet only and covering to prevent indecent exposure ??loincloth??) it should bear no relevance.

I can tell ya. Nothing.


I better add that I an definitely a staunch ATGATT supporter now

Yay.... another supporter. 1 down, many more to go....:niceone:


It's time some Police had a course in how to treat motorcyclists.

Mind you, maybe it's also time motorcyclists learned how to treat the cops, as I know it's not always a one way street.

Amended above, and re quoted for truth.


I shouldn't expect too much when you think of the murdering drink drivers only getting Home Detention
:angry:

So they can get drunk at home.... which is probably what happened in the first place before they went out and drove and killed someone. That'll work.

Home D.... What a joke. Should call it "the naughty chair." Pathetic.:mad::angry2::brick:

[Jcxss]

Read this story today and felt sick to the stomach, thought I'd share.

http://www.stuff.co.nz/national/crime/4059267/No-jail-time-after-motorcyclist-left-blind

How the hell can a judge allow someone to walk away so easily after causing such massive injuries and basically destroying a persons life! :gob: It is outrageous, should have sent this person to jail!

Some of the stories on this forum stinks of injustice as well, I rekon all absent minded animals should never be allowed to drive on the road, that's the only way to keep the roads safe.

[Patrick]

Talked the talk, then got out the wet bus ticket. Good one Judge.....:shutup:

[rastuscat]

Just a thought.

Whatever the driver is charged with will make no difference at all to your injury. Your recovery will take whatever time it takes, and having the offender charged with something that makes you feel better will make bugger all difference to any loss, physical or financial, you have suffered.

You may get some satisfaction out of seeing the offender suffer a nasty penalty, but lets face it, it will make no difference at all to what he/she did to you.

Better to prevent stuff than suffer it and howl for justice.

Maybe off-topic, but true, nevertheless.

[davereid]

You may get some satisfaction out of seeing the offender suffer a nasty penalty, but lets face it, it will make no difference at all to what he/she did to you.

Schadenfreude

An essential part of recovering from a wrong, real or imagined.

[Rogue Rider]

Yep, all accidents suck, even more so if they are someone elses fault.

[MarkH]

My mate lost his right leg just below the knee to a drunk driver - he was in hospital for over 6 months. The drunk driver got a fine and lost his license for a while. Sentences like that kinda define 'adding insult to injury' IMO.