| Steve, you are probably pretty close to what she was thinking. Reason being apparently she had put in her statement that I jumped a red light. At the time I wouldn't have known either way so was shocked to have been told that. It's not conducive to life longevity on a bike!
It also gets into an arguement about how competent do you have to be to get charged with undue care and attention. The way my interviewing officer was talking it would be if you didn't know you were doing something wrong you can't be charged with undue care and attention. I would have thought ignorance is no defence myself. And if you are that incompetent how the hell do you pass the driving test?
The whole basis of road regulations and law is common sense and a sustained basic level of competence, if that is taken out of the equation then the whole edifice falls on it's ar*e. E.g. allowing people to drive in the UK who are from a foreign country that has a driving standard way below that which is acceptable in the UK.
I think it is telling that also on todays posts is the Think Bike sequence that ends with the caption reminding drivers to look again. Considering those guidelines (and the highway code) are held in high regard in RTC court cases then there is an onus on the other driver to have seen the bike, recognised the implications and not gone over the carriageway so late in the light sequence. If she didn't see me, or didn't take into account the lateness of her turn (remember it's over 6-8 seconds after she lost priority) then surely it is she that should be looking at an undue care and attention charge.
It would seem my mistake was thinking that since she had left it so long to turn she wasn't going to. That is not undue care is it?
Ains.  |