Legal Advice: Making an impact

White Dalton’s specialist motoring solicitor Andrew Prendergast guides readers through their legal trials and troubles…

Question: 19 months ago (yes, you read that right!) I had popped to the supermarket to pick up some beers. I was riding my lovely Triumph Speed Twin 1200 which helpfully has some aftermarket panniers fitted. I crawled into the car park and saw three old ladies having a proper chinwag to my right. Near them was a young mum with a tot in a pushchair, so I duly stopped for her as there was a pedestrian crossing from the parking area to the front door of the supermarket. She crossed and at this moment in history, all was well in the world. However, that did not last long. I then went to set off again and what I hadn’t spotted was one of the old ladies had finished gassing and was then also attempting to use the crossing. The first I knew of that was when I felt a thud, and then a yelp as the old lady had fallen over after I banged into her with the bike. I immediately hopped off and apologised. She was really nice to be fair. After around ten minutes we got her up off the floor and onto a chair that the supermarket manager had brought out. Thereafter, her daughter turned up and took her to hospital. Unfortunately, she had fractured her wrist. I sent her some flowers; we text a few times and that was the end of the matter as far as I knew until last week when I received a court summons for causing serious injury by careless driving. I couldn’t believe it. I called the injured lady who also couldn’t believe it either. However, she did tell me someone had called the police on the day of the accident; they had interviewed her a long time ago; and she understood the supermarket had a video of the accident. Can the police really come after me this late in the day (I thought there was a six-month limit) especially as it was just an accident. Also, I’m not sure that a fractured wrist really is a “serious injury.”

Answer: Firstly, great choice of bike. I test rode one recently (in red) and it really was a lovely thing. On to your problem…Broadly speaking, in England and Wales, the six-month time limit to give information for a court summons to be issued applies to less serious crimes like speeding etc. Therefore, whilst 19 months is a long time, legally, the court can summons you for causing serious injury by careless driving because there is no time limit for this type of offence. As for the “serious injury” part, a fractured wrist certainly falls within the definition. Whilst I can see how the accident happened (We are all human and we can make mistakes), it appears to fit squarely into the definition of “careless driving” I am afraid because the old lady was on the crossing and there to be seen. My advice has to be to plead guilty early on to try and obtain the most lenient sentence possible. This is particularly important because the sentencing guidelines do not make fun reading for this offence. At the very least you are getting a disqualification from driving/riding for twelve months. In addition, you are likely going to have to do some kind of community service as well as pay a fine etc. I would strongly advise getting some expert legal advice before heading to court. As an aside, in serious cases, at the maximum end, it carries two years in prison.