RTC 16.12.10

It’s snowing, the ground is wet and traffic is backed up. I’m cycling in the bus lane and traffic up ahead starts moving but I miss a set of cars not moving at the start of a side road. The result is a car driving through a gap and into the side road, going straight across the bus lane without checking. It ended with me landing on the bonnet of the car with my arm taking my full weight which flexed the bonnet so much that my arm hit the engine block.

The police attended the scene and the driver spoke very little english. At the time the driver claimed that he didn’t see any lights on my bicycle, despite my bicycle laying in the street with the 900 lumen magicshine light and 240 lumen hope vision 1 light blaring on to the ground, lets not also forget the helmet mounted torch that I have which was shining in his eyes. The obvious problem is the driver didn’t look, so of course he couldn’t see.

An independent witness came forward (the driver of a vehicle that was waiting to leave the side road) and his statement matched my side of the story, which was also backed up by the video footage I had.

You would think that having video footage of the event would make everything plain sailing. Oh how wrong could you be. First I was told by the case manager that video evidence could not be used.

it is not something we would be able to use in court. This is due to the fact
it would not be seen as independent evidence and an argument could be
made to the effect that the footage could have been tampered with.

My response to that..

In at least 2 cases in 2010 video evidence was used in court to secure
convictions against vehicle drivers, they where recorded using similar
video equipment by cyclists.

My video evidence matches the statements that me, the vehicle driver and
a witness gave to the Police that attended the scene. I had not seen the
video before giving my statement and neither of the witness had viewed
or know about it.
This video evidence should not be dismissed due to the fact that an
argument could be made to the effect that it could have been tampered
with. As it clearly shows that the driver crossed across a bus lane
without checking to see if anything was in it. I have been advised that
if this is to be dismissed, it should be done so by a magistrate or
jury.

That was not the end of my issues. The MET’s video evidence/surveillance rooms are not capable of playing digital videos in modern h.264 formats. So they where not able to play the video that I had sent them. That in its self is quite frustrating. It ended up with one of them playing it on a personal laptop. How they then got it into a playable format to be used in court I do not know.

The case went to court nearly 7 months after the incident and I heard about the results yesterday, the driver was charged with Careless or Inconsiderate driving, got a £350 fine, 6 points on their license and ordered to pay £100 court fees. That is certainly a good result.

All that is left now is for me to claim back the cost of the damages from his insurance company.

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5 thoughts on “RTC 16.12.10

  1. Excellent result! 🙂 The case manager who suggested that the video evidence could not be used was probably just being lazy and didn’t want the hassle involved. Remember, it was only a cyclist!

    As I’ve mentioned before, Scotland apparently has a tougher system with relation to witnesses (i.e corroboration). Even here I have been informed that the use of video evidence is fine, as it can be made corroborating by having an expert witness talk to it in court.

    Well done for pursuing this. Each time video evidence is used in this way, it increases the likelihood of further success in the future!

      • Indeed, success, or not, with submitting video evidence seems to rely on someone in the Plod office having what they’d term ‘geek knowledge’. We would call it having reasonably up-to-date IT systems.

  2. nice one gaz. Hope you manage to obtain the cost of the damages from his insurance company.
    I hate the justice system. It needs updating!

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