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My partner pulled out of a junction when a car was signalling to turn into the junction we were leaving. It’s a dual carriageway, and she didn’t see another vehicle overtaking the signalling one. She crossed the road to head in the opposite direction and hit the side of the overtaking car.

Thankfully, everyone is OK, but their car is a write-off, and I suspect ours is too.

While waiting for recovery trucks for both cars, someone called the police. They arrived and breathalysed my partner and the other driver (both all clear). I then left, but while I was gone, the police issued her a ticket for driving without due care and attention and read her her rights.

Do you know if this is standard procedure? No witnesses gave statements to the police about what happened. They told her it was just a formality and likely wouldn’t go to court, but the ticket says otherwise. They mentioned it could result in points or a driver awareness course. I find it strange that they’ve taken this step without solid evidence. They filmed all this with their body cam.

If it was a dual carriageway, it's hard to see how it wouldn't at least be careless.

The physical evidence from the vehicles is often enough.

Was she really given a “ticket” (i.e. a fixed penalty notice) or something else?

Either way, what she did seems to be a nailed on careless driving.

She's been given a yellow strip of paper with the Lancashire Constabulary Report for Summons. It states she's been given this notice because the issuing Officer believes there is sufficient evidence to prosecute her for a road traffic offence.

Here is the road and what occurred - we've hit car 2.

I saw her look both ways from a stopped position. She didn't see the overtaking car and thought it was OK to go. We know she's at fault, but I don't think it was without due care and attention; she honestly thought the road was clear, and the only car (car 1 in the picture) was indicating and turning into the road we were pulling away from.

Quote from: Southpaw82 on November 26, 2024, 10:26:38 am

The physical evidence from the vehicles is often enough.

Was she really given a “ticket” (i.e. a fixed penalty notice) or something else?

Either way, what she did seems to be a nailed on careless driving.

She's been given a yellow strip of paper with the Lancashire Constabulary Report for Summons. It states she's been given this notice because the issuing Officer believes there is sufficient evidence to prosecute her for a road traffic offence.

Here is the road and what occurred - we've hit car 2.

I saw her look both ways from a stopped position. She didn't see the overtaking car and thought it was OK to go. We know she's at fault, but I don't think it was without due care and attention; she honestly thought the road was clear, and the only car (car 1 in the picture) was indicating and turning into the road we were pulling away from.

The definition of careless is driving which "falls below what would be expected of a competent and careful driver".

Whether your wife "honestly thought" it was safe is irrelevant, as no proof of intent is needed.

Those are fair comments from both of you [southpaw82 & 666]. I guess I just didn't like that she was made to feel like a criminal. Thanks for your replies.

So, not a dual carriageway, but 2 lanes in each direction, and traffic islands either side of the junction.

Sorry, my terminology is not quite right-you're correct.