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Please, Legal advise needed for Court on Monday

Re: Please, Legal advise needed for Court on Monday

Postby atticus » Thu Oct 12, 2017 6:57 pm

Is this attorney your lawyer or the other party's?
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Re: Please, Legal advise needed for Court on Monday

Postby Hairyloon » Fri Oct 13, 2017 8:40 am

bobyrou wrote:I think I will go ahead and pull out because the attorney keeps insisting I only have 10% chance of winning...


What attorney?
Take me to your lizard...
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Re: Please, Legal advise needed for Court on Monday

Postby atticus » Fri Oct 13, 2017 12:47 pm

Well, bobyrou, whatever you do, we wish you well.
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Re: Please, Legal advise needed for Court on Monday

Postby diy » Fri Oct 13, 2017 3:45 pm

Just to add a few things:

Just as it happened my daughter Amy shouted “Stop” but there was nothing I could have done, I was travelling so slowly anyway


This suggested the daughter anticipated the accident, assessed that her mum had not seen you in the road, and therefore shouted stop to alert mum to the danger. We've all been in cars when we've seen a potential risk and then thought, slow, down, slow down, before realising they hadn't seen the risk and shouting stop at the last moment. It would be unusual for the passenger to be more aware than the driver. So this IMO helps make a case that the driver wasn't paying attention.

Then you have the distance 1- 1.5M suggest about 3 steps, this at walking pace is 2-3 seconds. At a very slow speed - this should be enough to take avoiding action. If you bounced off the side of the car and were ran over by the rear wheel then less so.

It may be too late now, but there is CCTV on the junction and also outside desks international pointing in both directions. Have you tried to check this?

other questions to ask - where is school and what time must the kids be there - i.e. was she running late?
My suggestions are not legal advice
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Re: Please, Legal advise needed for Court on Monday

Postby atticus » Fri Oct 13, 2017 4:53 pm

what are "outside desks international"?
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Re: Please, Legal advise needed for Court on Monday

Postby blig » Fri Oct 13, 2017 5:16 pm

The name of a wholesaler selling desks, located near to where this happened.
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Re: Please, Legal advise needed for Court on Monday

Postby atticus » Fri Oct 13, 2017 7:25 pm

Were Outside Desks International there 6 years ago? Has anyone checked?
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Re: Please, Legal advise needed for Court on Monday

Postby shootist » Fri Oct 13, 2017 7:56 pm

diy wrote:Just to add a few things:

Just as it happened my daughter Amy shouted “Stop” but there was nothing I could have done, I was travelling so slowly anyway


This suggested the daughter anticipated the accident, assessed that her mum had not seen you in the road, and therefore shouted stop to alert mum to the danger. We've all been in cars when we've seen a potential risk and then thought, slow, down, slow down, before realising they hadn't seen the risk and shouting stop at the last moment. It would be unusual for the passenger to be more aware than the driver. So this IMO helps make a case that the driver wasn't paying attention.



I think that's an excellent point. If someone else sees a hazard that the driver didn't it strongly suggests the driver wasn't paying attention. "Your daughter saw the hazard, why didn't you? To see the hazard your daughter must have been looking where you were going. Why weren't you?" I think that is almost a clincher on it's own.
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Re: Please, Legal advise needed for Court on Monday

Postby diy » Mon Oct 16, 2017 8:19 am

It might be a little late for the thread. But if I was the driver.. I'd be saying - if I ran a red light, how come nobody came forward as a witness? People are normally indignant about red light jumpers, someone would have reported it to the police, given there was an accident. If the light was red, how come you were the only one who stepped in to the road?
My suggestions are not legal advice
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Re: Please, Legal advise needed for Court on Monday

Postby shootist » Mon Oct 16, 2017 3:10 pm

diy wrote:It might be a little late for the thread. But if I was the driver.. I'd be saying - if I ran a red light, how come nobody came forward as a witness? People are normally indignant about red light jumpers, someone would have reported it to the police, given there was an accident. If the light was red, how come you were the only one who stepped in to the road?


Potential responses, (not suggestions) "Plenty of people are normally indignant about such things, but these days very rarely indignant enough to be prepared to 'get involved'. Others stepped into the road, I was the only one that was hit."
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