Careless driving causing injury

[Winter]

The lady that hit me (and broke 6bones & dislocated another) has been charged with careless driving causing injury.

Now, I know this means she will have to go to court, and has a min of 6months walking.

I know the max is $4,500 fine and 3months slammer.

But thats all I know. What happens from here?
Will they take her license now, or after the court case?

Seeing as she very nearly killed me, and showed no remorse (no card, no flowers, no visit, no letter nothing!) am I entitled to show up to the court case and explain just how badily i got fucked over,and how shes taken 3 months off my life I won't get back?

It may sound bad but I really want the book thrown at her.

[Pumba]

She will lose her licenece only after she goes to court.

There is no reason why you cant show up at her court case, however you also should have the opertunity to write a victim impact statement that will be used as evidence in the court case. This allowsyou to state how you were affected by the accident allowing the judge to penilise and compensate acordingly.

[MSTRS]

If she fights it, the case will go to court. If she is found guilty, you may be allowed to present a victim impact statement prior to her being sentenced.
That's about it.

[sunhuntin]

i second pumba... but in the end, just be glad she actually got charged and will get punished. many of us that have been have had to watch that person get away scot free.

[skidMark]

if she pleads guilty you won't get a chance to stand up in court so as pumba said write out a victim impact statement...got me alot more fucked over when somebody wrote one gaainst me when i went to court.

might also pay to come hobbling into court on crutches due to your injurys to show what she did to you.

i don't know the full story.

but hey, accidents hapopen they are not on purpose, so they are just that accidents....but to be charged with careless she mustve fucked up.

[Pumba]

If she fights it, the case will go to court.

Not sure about that. My old man accepted responsibilty after his accident from the moment he was in a state to do so (minor head injury). He still had to apear before the judge.

[skidMark]

Not sure about that. My old man accepted responsibilty after his accident from the moment he was in a state to do so (minor head injury). He still had to apear before the judge.


it goes to court regardless so they can make a plea...guilty...they get sentanced.

not guilty you go thru the saga of witnesses etc.

[Swoop]

(no card, no flowers, no visit, no letter nothing!)
Nothing?

The slut!

[aderino4]

Don't be so harsh..

Try putting yourself on the other party.

She didn't contact you? Probably because she was advised to do so by her lawyer. Contacting the other party directly may cause further complication and who knows you might even twist her word in court because of anger.
e.g. Sending flower = admission of guilt etc etc etc

We ride motorcycle so we know the danger of getting hurt. And believe or not sometimes what maybe obvious for us, it looks different if seen from inside a car.

I've been on both sides and both are just as bad.

[Drum]

True. But if I took someone out, I'd want to say sorry.

[EJK]

Seeing as she very nearly killed me, and showed no remorse (no card, no flowers, no visit, no letter nothing!) am I entitled to show up to the court case and explain just how badily i got fucked over,and how shes taken 3 months off my life I won't get back?

It may sound bad but I really want the book thrown at her.

bwhahahaha! no mercy on her as she did to you! eye for an eye, nose for a nose? :bash:

but who knows? Maybe she is feeling so guilty that shes ashamed to see you?
Have you seen her?

[Patch]

The lady that hit me . . . (no card, no flowers, no visit, no letter nothing!) . . . . .

She's probably waiting on the flowers from you seeing as she had her feelings hurt.

[The Stranger]

True. But if I took someone out, I'd want to say sorry.

Would you still want to if that sorry cost you $10,000.00?
You admit guilt, you accept liability your insurer can decline your claim.
I accept what you say, so would I want to, however it can be quite tricky at times, particularly where sorry isn't going to change what happened i.e. you still screwed up, the other person still got hurt, saying sorry isn't going to change that.
I think as a victim it pays to realise that it is potentially a result of the system more than the person.

Lets face it - if the claim was declined, Winter may very well have a LOT more trouble collecting his money also.

[terbang]

Write it up and also hobble into court and politely, but firmly, have yer say. She needs to learn to pay more attention to the fact that there are other, smaller and more vulnerable, road users. Its human nature to be blind to something that is percieved not to be a threat and also we are a smalll object. No excuse though, its all about being responsible and the message will get out there amongst her friends and family, that if you skittle a biker and damn neat kill him because you were havin a bit of a careless dream, your gonna have to pay. They then might just start noticing riders on the road and it may just save one of us a similar fate.

[spudchucka]

She will lose her licenece only after she goes to court.

There is no reason why you cant show up at her court case, however you also should have the opertunity to write a victim impact statement that will be used as evidence in the court case. This allowsyou to state how you were affected by the accident allowing the judge to penilise and compensate acordingly.

The impact statement isn't used as evidence to prove the case. It is read by the judge once the case has been proved and is to assist the judge to understand the overall impact of the offending on the victim. The victim can also read the statement themselves to the court if they wish to.

[McJim]

dude, Sorry to hear you were involved in an accident - and a painful one at that. Hope the bones knit well and you don't have to limp every winter.

[Winter]

bwhahahaha! no mercy on her as she did to you! eye for an eye, nose for a nose? :bash:

but who knows? Maybe she is feeling so guilty that shes ashamed to see you?
Have you seen her?

I don't think so. I spoke to her very breifly on the phone yesterday, and when I told her who I was; she didn't even ask how I was.

[Winter]

dude, Sorry to hear you were involved in an accident - and a painful one at that. Hope the bones knit well and you don't have to limp every winter.

Thanks McJim, Hows life down south anyhow?

[MSTRS]

If she fights it, the case will go to court. If she is found guilty, you may be allowed to present a victim impact statement prior to her being sentenced.
That's about it.


The impact statement isn't used as evidence to prove the case. It is read by the judge once the case has been proved and is to assist the judge to understand the overall impact of the offending on the victim. The victim can also read the statement themselves to the court if they wish to.

I knew I had that one right....
The Victim Impact Statement is used by the judge to help determine an appropriate sentence for the offender IF they are found guilty. To a lesser degree, it could be useful in illustrating to the guilty party just what effect their offence has had on the victim...a little like the so-called restorative justice idea.

[Bruiser]

Hi Winter, I went through exactly the same as you after a woman u-turned into me and took me out 2 years ago. I have PM'd you my contact details and some info.

Good luck, and be staunch in court, you can have your say.

Cheers,
Bruiser

[candor]

U can't just turn up with a victim statement. Needs to be done through victim support and they get it to the judge in time. Ask for reparation too. Worth a try.

[Winter]

U can't just turn up with a victim statement. Needs to be done through victim support and they get it to the judge in time. Ask for reparation too. Worth a try.

Thats good to know.. Can i just ring victim support and talk to them? worth a shot!

[Bruiser]

Thats good to know.. Can i just ring victim support and talk to them? worth a shot!

Yup, they came out and interviewed me (I was still out of action recovering at home) and emailed me with updates right up til the court sitting, even walked me into court!

They make the submission to the court with your impact statement included.

Call them, you won't regret it!

[Winter]

UPDATE... (look at the date on the first post!)

Got a call from the nice policeman.. Seems I have to front up at court as a witness for the police.. April 9th..

She has pled not guilty... fucking tramp.

Something I am really not looking forward to :(

[Mikkel]

At least they are prompt... or something.

As for going to court, look forward to it. It's pretty much your only lawful path of recourse for what pain and damage was done onto you.

If you get the chance make sure to drop a mention of how impressively quick the law-enforcing community has been at sorting this shit out.

[thepom]

Ha ,how come nobody told me about victim support when the asian twat opened his door on me and my BMW......that will teach me to ride a beemer I suppose ha ha

[fireliv]

UPDATE... (look at the date on the first post!)

Got a call from the nice policeman.. Seems I have to front up at court as a witness for the police.. April 9th..

She has pled not guilty... fucking tramp.

Something I am really not looking forward to :(

Winter have you also had contact from a court Victim Advisor? If not see if you can talk to one of them also, can help explain why the court process has been so slow and also take further statements from you to go before the judge.

All the best

[Scouse]

Just so you are prepared. I was involved in a careless use causing injury about 10 years ago, I was the guilty party and I plead guilty. I had a good Lawyer Who promised me that I would not loose my licence, this made it easy for me to plead guilty, true enough to his word I walked out of court with a $1,000 dollar fine and managed to keep my licence, so just so you know it is not a given that she will loose her licence, anyways I think that it was the imediate guilty plea, sort of throwing myself on the mercy of the court that worked for me.

[MSTRS]

I hate guilty people who plead NOT guilty. If the evidence against her is strong enough, she will get the book thrown at her. Because the court hates having it's time wasted.
I'd guess that the evidence is reasonably strong or the police wouldn't have charged her.
Fingers crossed for you, mate.

[tigertim20]

The lady that hit me (and broke 6bones & dislocated another) has been charged with careless driving causing injury.

Now, I know this means she will have to go to court, and has a min of 6months walking.

I know the max is $4,500 fine and 3months slammer.

But thats all I know. What happens from here?
Will they take her license now, or after the court case?

Seeing as she very nearly killed me, and showed no remorse (no card, no flowers, no visit, no letter nothing!) am I entitled to show up to the court case and explain just how badily i got fucked over,and how shes taken 3 months off my life I won't get back?

It may sound bad but I really want the book thrown at her.

whether she fights the charge or not, it is YOUR RIGHT, to write a victim impact statement. You can say whatever you want, and it will be read out in court for you if you dont want to read it yourself. Id suggest reading it yourself though, its your opportunity to put some passion behind the words. And it is up to you to put a passage in it saying "I am further angered, that even with the horrific extent of my injuries, I have had to date no suggestion or=f remorse from the driver whatsoever, not a letter, not even an apology.."" and also put in the part about how you "are now terrified of riding on the road, due to your injuries from a driver who post-accident hasnt seemed to even care, and the fear has held you back, and forced you to withdraw from social events, and work/school whatever, because you are afraid of using your two wheeled transport, and that while some of your physical inuuries are mending slowly, you are still feeling the psychological impact, and you feel you will be dealing with this for some time bl,ah blah blah, if you so feel that way

[Marmoot]

True. But if I took someone out, I'd want to say sorry.

I know someone who was at the other end of the stick (e.g., the lady's end).

Case had to go to court, said the attending cop. Everyone's advice: "get a lawyer to represent since you're going to court". There was simply no other choice presented.

Got a lawyer. Asked the lawyer if it's ok he contact the victim to express his sympathy and contribute to the insurance excess or gears etc. Lawyer said "No. Don't contact the victim, it will complicate the case". What would you do if your lawyer advise you that?

Stupid lawyer even dragged the court case to 1.5 years. Boy said "let's just get it done with". Lawyer said "No. We need more time". Time for what? But hey, who knows the law better? Must be the lawyer, right?

After 1.5 years of endless court appearances, boy ended up losing his license and having penalties anyway as the judge said the law required him to give that sentence as much as he didn't want to (yes, verbatim). All because a bikieboy was filtering fast in the heavy rain between 2 cars that were giving way to the driver to avoid intersection blockage.

Driver got stern warning from the workplace, but lucky not to loose his job. Got a conviction record though and his insurance went up the roof.

I ride defensively ever since, knowing if I fuck it up I may fuck up someone else's life badly.

P.S.
Cost him $3k for the lawyer's bill. That's $3k for fuck all.
He wished could've just given the $3k to the victim. But no, the lawyer wanted it and dragged the case on and on and on...

P.P.S.
The judge also fined him for $300. That went to the Labour government. The victim didn't get anything.
Oh well, I guess he got ACC, but his gears would've been fucked without being replaced.