My brother works as a lorry driver and he was driving in the slow lane and hit a part of a bridge or something. They are now doing him for dangerous driving even though they originally said it was undue care and attention (sorry if the wording is all wrong here) anyway he is in court soon do you think that he will lose his licence. I dont think its fair he gets done for dangerous driving when he was in the slow lane and it was a total accident not involving alcohol. In UK by the way.
2006-11-01 02:45:34 · 12 answers · asked by charlie 3 in Cars & Transportation ➔ Safety
Technically it is dangerous driving because most motorway bridges at set at 18-24' and he should know with the vehicle type is the road is going to be suitable for the height.
A ban isn't likely, probably 6 points and a fine... but yes, to me that was dangerous driving
2006-11-01 02:48:06 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The questioner has not said what part of the bridge the lorry struck, but knowing that all motorway bridges are 18ft above the carriageway, I can't think of any truck which would be this high.
My guess is that he struck the bridge support at the side of the road, and if so, there may be a possible reason for this.
Obviously, I wouldn't want to pervert the course of justice, but I have had a similar thing, except that I just missed the safety-barrier.
In my case, I re-focused to check my rear-view offside mirror; thus taking my eyes off the road for a little distance. The slow lane of the motorway was so worn, there were deep ruts in the road-surface, and the truck was weaving about of its own accord, as often happens these days, due to lack of proper road maintenance.
In my case, the truck simply rode up the ruts, then gently turned to the left whilst I was looking to the rear. I re-focused on the road, only to discover that I wasn't actually on it, but had veered gently onto the hard-shoulder and was dangerously close to the barrier.
It wasn't particularly dangerous, because I always ensure that I have a clear sight-line of the hard-shoulder before I gaze into the mirror, and I make sure there is no-one stationary on it. I do that because the motorways are now in quite a bad state of repair, and just keeping in a straight-line can be a constant problem.
So IF there was wear and rutting in the slow-lane where your brother happened to have his accident, there MAY be a perfectly reasonable explanation as to why he hit the bridge.
Not having witnessed the event, and not knowing where it was, I couldn't possibly suggest this as a defence.....but.....looking in a mirror is a useful source of defences.
Of course, if another truck went past him at 56 mph, the shock wave can push a whole truck a meter sideways, and if he happened to be looking in the mirror at the same time, well.....you never know.
The trick is to cast doubt on the prosecution case, plead not guilty, and let the police decide whether they wish to pursue a dangerous-driving charge or the lesser charge of "Driving without due care and consideration." Dangerous driving is quite difficult to prove, but prove it they must, beyond all REASONABLE doubt.
Another thing springs to mind. Were the police following, or were there reliable witnesses to the event?
Usually, the police just think up a charge and then try to prosecute, but successful prosecution requires evidence of the events leading up to the accident, and not just a few lumps of broken concrete and a post-accident photograph.
Ask him to think very carefully about what MAY have caused this accident.
2006-11-01 09:21:52 · answer #2 · answered by musonic 4 · 1⤊ 0⤋
I'm guessing that your brother was on the motorway when you mention the slow lane. In that case the bridges are as Mike Sanders says set at minimum of 18' height. The reason your brother is being pulled is because it is ultimately the drivers responsibility for the vehicle they are travelling in, be it car, motorcycle, bus or LGV, as soon as they drive out of the yard they are responsible for that vehicle. He should have ensured that vehicle was loaded safely, height & width wise, and also that it was secure. Also checked for safety of vehicle, if a tipper that the tipper was locked down for travelling. As for the dangerous driving, if it was something like the tipper raising or load hitting the bridge that is classed as dangerous driving. If he was on mobile texting or not handsfree or he swerved to avoid an animal and hit the bridge that is driving without due care & attention (I think). There's a "grey area" between the two, and PC Dibble seem to pick one or the other out of the hat, to cover my bottom they are REALLY nice guys honest). My mate was done for dangerous driving, 1st offence got six points, his tipper raised and wrote the lorry off! Just be thankful nobody was killed, take a deep breath and get a good solicitor. Best of luck to yourself & your brother.
2006-11-01 05:33:21 · answer #3 · answered by Anonymous · 0⤊ 0⤋
My friend was in a similar situation, im not quiet sure what happened. But he had to go to court and he didnt lose his license because he needs it to work, as he is a lorry driver and therefore needs a license, as does your brother.
I take it he was on the motorway as you say the slow lane, i cant remember seeing height warning signs on the bridges ever and seeing as they are a main route of transport for many lorry drivers i think they should display height warning signs well in advance or make sure bridge are high enough for them to go under.
good luck
2006-11-01 03:02:32 · answer #4 · answered by kxkx 3 · 0⤊ 0⤋
If he is convicted of dangerous driving he will lose his licence for 12 months minimum plus a fine. He should probably plead not guilty and try and get his lawyers to get the offence down to careless driving.
My brother has also just been to court for this - Dangerous Driving is a mandatory one year ban - set by Government and if convicted, the judge cannot make exceptions.
2006-11-01 07:33:58 · answer #5 · answered by Ally 5 · 0⤊ 0⤋
Either his lorry was overloaded (his fault) or the bridge was at fault ( no restricted height warning, damaged, etc. which is the council's responsibility).
Either way, if there is a danger he will lose his job it goes without saying he should get a good solicitor.
2006-11-01 03:24:08 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I would consider it dangerous if I happened to be on the bridge at the time
2006-11-01 02:53:10 · answer #7 · answered by Anonymous · 0⤊ 0⤋
well was it inattention to steering the vehicle (yes he crashed in the slow lane) was he using his mobile, changing the radio maybe.if there is no mechanical fault for him crashing (bad brakes ect) its his fault in the eyes of the law sorry.and any deaths that could of happened he would have been liable for.
2006-11-01 02:52:34 · answer #8 · answered by BoChOi 3 · 0⤊ 0⤋
The authorities in the UK are usually wrong in everything they do anyway. So I can't imagine your brother will get justice...sorry.
2006-11-01 02:52:27 · answer #9 · answered by A True Gentleman 5 · 1⤊ 0⤋
A good driver knows how big his vehicle is.
2006-11-01 03:24:45 · answer #10 · answered by Anonymous · 0⤊ 0⤋