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Motorway Accident-Advice Please!

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JT2006 | 01:55 Wed 26th Dec 2007 | Road rules
4 Answers
I had an accident on the motorway not long ago. I went into the back of the car in front of me, luckily only I was hurt and not too badly though I wrote my car off. Police attended, I wasn't breathalysed (though I hadn't been drinking) I'm not sure if the other driver was breathalysed, but the police didn't take a statement from me.
2 men in a lorry who came to help said I 'didn't seem to see the driver in front'
Anyway, I have just received a letter saying there is 'sufficient evidence to prosecute' or I can pay �175 to attend a safer driving course.
I don't understand what I'm being charged with-can the police go ahead and collect statements from witnesses without taking one from me? What if the driver had been drinking? I though breath tests were obligatory when the police were called to an accident?
Answers would be much appreciated-the police offices are closed over Christmas.
Thanks very much.
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The person running into the back of the car in front is normally to blame for an accident - you should leave ample room to stop in an emergency.

The fact that a driver said 'you didn't seem to see...' indicates there is enough evidence for driving without due care and attention.

Take the safer driving course.
it would be better if you take the �175 safer driving course
because if you let it go to court it is a conviction against you which means a higher insurance premium due to points on your licence
it clearly shows you were in the wrong when you ran into the back of the car
it is not uncommon for the police not to give breath test as they usually know when a driver has had a drink by the aroma of alcohol hanging around the driver/drivers
If someone 'cuts you up' and then immediately 'slams the anchors on' as they do so, you've got an excuse for running into the back of another vehicle. The police have collected statements from other drivers specifically to eliminate such a possibility. .

Unless another driver takes actions like the one's described above, you will normally be deemed to responsible for a rear-end shunt. At typical motorway speeds, the minimum stopping distance on a dry road, with an alert driver, is around 24 car lengths:
http://www.direct.gov.uk/prod_consum_dg/idcplg ?IdcService=GET_FILE&dID=95511&Rendition=Web
(Those who teach advanced motoring skills recommend keeping at least 30 car lengths between vehicles at 70mph).
In rain, you need to double those figures.

If you're driving at 70mph, you have a duty to actively seek to maintain those distances from the vehicle ahead of you. (i.e. if someone pulls into the space between you and the leading vehicle, you should lift your foot so that you can drop back to a suitable distance). You should also remain alert, so that you can respond immediately if the brake lights show on the car ahead of you.

If you're too close to the vehicle in front, and/or you fail to react in time to its brake lights, you're guilty of driving without due care and attention. It wouldn't matter if the other driver had drunk a bottle of whisky and performed an emergency stop just for the fun of it. The drunk driver would be prosecuted but you'd still be guilty of an offence as well.

Chris
Question Author
Thanks, glad I asked. I'm still confused as to when it stops being an insurance matter and becomes a criminal one, but will do the course.
At least it's not a straightforward fine-at least I'll benefit from it.
Thanks again.

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