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Please, Legal advise needed for Court on Monday

Please, Legal advise needed for Court on Monday

Postby bobyrou » Thu Oct 12, 2017 12:11 am

Hi, Tuesday I am going to be in court for a claim which I raised for a traffic collision happened back in Jan 2012. Basically I was on a pelican crossing and as soon as I have seen the green man I headed to cross the street, but a van run over my left foot. Ambulance took me away; been hospitalised for 10 days, spent 8 months in crutches and 6+ months doing physiotherapy. She is arguing that it was green for her when she approached which I know is a lie but I can't proof this as there are no witnesses. My fault I would say it was that at the time of crossing I didn't checked the left side to see if any cars are approaching. As soon I've seen the green man I walked. I am quite scared that I might loose my case. If anyone is willing to help me giving some tips or questions I will need to ask defendant. Below is the defendant's statement on police report if of any help (identification details removed):
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On Monday 9th January 2012 I was driving three of my children to school. At about 7:50am I was driving my blue Mercedes VITO registration number xxxxxxxx along Bruce Street, Belfast in tending to drive onto the Dublin Road. As I approached the traffic lights at the end of Bruce Street they were green for traffic approaching from my direction. In approach to the junction I noticed quite a few pedestrians waiting at both sides. I would say as I made the last approach to the junction I ?????? have been travelling very slowly. The van I was driving is very big and I have to watch the ????? corners like the one from Bruce Street to Dublin Road I had stay in my lane. I would have been travelling at walking speed no faster. Just as I was about to reach the crossing at the junction a male pedestrian just walked off the pavement with his head down and into the front nearside wing of my van. I heard a thud but I had applied my brakes at about the same time and stopped dead as he fell onto the ????? in front of my van. Just as it happened my daughter Amy shouted “Stop” but there was nothing I could have done, I was travelling so slowly anyway. I got out to see how he was and offered first aid as I am a trained first aider. As I was checking his left leg, when I got to his left foot he ???????? and shouted I am in so much pain. Paramedics arrived put him in an ambulance and took him away.
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Re: Please, Legal advise needed for Court on Monday

Postby atticus » Thu Oct 12, 2017 7:27 am

Welcome, you have left it very late. I take it you do not have lawyers representing you.

Read the first post in this thread.

It seems to me that with so little time left you need to concentrate on understanding exactly what you are going to have to prove if you are going to win your case.

Understand that first.

Then look at the statements of case. Has anything been admitted?

Everything else is disputed and you will need to prove them. Look at the evidence on all those things and identity the gaps and inconsistencies.

Above all, never lose sight of the things you need to prove. That will help you work out what you need to ask.
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Re: Please, Legal advise needed for Court on Monday

Postby Hairyloon » Thu Oct 12, 2017 9:28 am

bobyrou wrote:In approach to the junction I noticed quite a few pedestrians waiting at both sides. I would say as I made the last approach to the junction I ?????? have been travelling very slowly...

Quite a few pedestrians, but no witnesses?
Why was he going so slowly if the lights were green? Was there heavy traffic?
If there was not, and the light was green, then driving so slowly would be obstructing the flow of traffic and driving without due consideration for other road users.
Much of his statement suggests that the vehicle is bigger than he can comfortably handle: size really doesn't matter if you know how to handle it.
I would have been travelling at walking speed no faster. Just as I was about to reach the crossing at the junction a male pedestrian just walked off the pavement with his head down and into the front nearside wing of my van.

Think about speed and distance. Walking speed is what? around 1.8m/s, reaction times typically 0.25s.
How close must he have been when you stepped out if his statement is accurate?
Just as it happened my daughter Amy shouted “Stop”...

How old is the daughter? Is she appearing as a witness?
I got out to see how he was and offered first aid as I am a trained first aider.

Were you wearing headphones?
If not, then why did you not hear a van that was that close?
Since he offered first aid, he had a good opportunity to notice headphones if they were there, but he does not mention it so I believe that they were not.

However it was though, and however it is judged, you should recognise in yourself that some of the fault is your own: it is basic road safety that you look and assess the traffic before you step into the road.
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Re: Please, Legal advise needed for Court on Monday

Postby atticus » Thu Oct 12, 2017 10:58 am

I have looked at the location using the satellite view on google maps. https://www.google.co.uk/maps/place/Bru ... -5.9336135

The first question will be a factual one - the state of the signals for traffic and pedestrians. If it was green for you to cross, then the driver will have ignored amber and red.

The second is why, in any event, you failed to observe this vehicle. Do you always step out when the green man lights up, without checking that it is safe to do so?

If the answer to the first question is in your favour, the second may lead to a finding of contributory negligence on your part.
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Re: Please, Legal advise needed for Court on Monday

Postby Hairyloon » Thu Oct 12, 2017 11:38 am

atticus wrote:Do you always step out when the green man lights up, without checking that it is safe to do so?

Strikes me as odd behaviour: I would typically step out before the green man, after observing that the traffic was stopping.
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Re: Please, Legal advise needed for Court on Monday

Postby bobyrou » Thu Oct 12, 2017 12:42 pm

Hairyloon wrote:How old is the daughter? Is she appearing as a witness?

How close must he have been when you stepped out if his statement is accurate?

Were you wearing headphones?

If not, then why did you not hear a van that was that close?


Apparently she was 18 at the time of collision. I don't know if she is showing in court as witness.

I think it was about 1-1.5 metres from pavement

No, I wasn't wearing any headphones.

There were many other cars around, is quite a busy road.

atticus wrote:The first question will be a factual one - the state of the signals for traffic and pedestrians. If it was green for you to cross, then the driver will have ignored amber and red.

The second is why, in any event, you failed to observe this vehicle. Do you always step out when the green man lights up, without checking that it is safe to do so?

If the answer to the first question is in your favour, the second may lead to a finding of contributory negligence on your part.

Then look at the statements of case. Has anything been admitted?


Thanks for your link, I really appreciate!!

1. Yes it was green for me.

2. // Probably also because of the fact that the road there is bending // I used to step out ocassionally as soon I've seen green man but never again after the accident. Lesson learned. I am extremly caution now when I am crossing.

3. She is adamant it was green for her so she didn't admitted any wrong doing. Of course.
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Re: Please, Legal advise needed for Court on Monday

Postby atticus » Thu Oct 12, 2017 1:02 pm

@bobyrou

A reminder. You need to persuade the judge to give those answers to the questions he or she will have to decide. The other party will be trying to persuade the judge to give the opposite answers!
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Re: Please, Legal advise needed for Court on Monday

Postby Millbrook2 » Thu Oct 12, 2017 1:32 pm

I'd go and look at the crossing and make sure that it is not showing green for both drivers and pedestrians. I'd also time the change from amber for the driver to green for the pedestrian and do the same for red to green and get an idea of distance travelled at different speeds.
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Re: Please, Legal advise needed for Court on Monday

Postby bobyrou » Thu Oct 12, 2017 4:01 pm

I think I will go ahead and pull out because the attorney keeps insisting I only have 10% chance of winning this case and that there will be so much financial loss if loosing.
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Re: Please, Legal advise needed for Court on Monday

Postby blig » Thu Oct 12, 2017 6:37 pm

A solicitor who has seen the full papers will be in a much better place to comment than anyone here.
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