dangerous driving summons

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citydaisy

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hi all

advice needed here. Long story short - husband had a single vehicle accident driving lorry for work several months ago. He says lorry went out of control and that is all he can remember. He was badly hurt - still not working. we have received a summons for dangerous driving now - solicitor says he asked for the Garda report intp the accident over 4 months ago and still nothing, we cannot get an inspection of the lorry - was sold for salvage and we are trying to get an inspection for insurance claim.

How can they make a charge of dangerous driving when

1. there was a speed limiter on the lorry so he couldn't have been speeding

2. no witnesses that we know of

3. one of the firemen that cut him out told me they thought the load on the truck had shifted

4. we still cannot determine if something went wrong with the lorry

the solicitor seems very laid back at the mo - he is now dealing with the insurance claim, an unfair dismissal claim (employer said he couldn't afford to insure him again) and now this. I feel that it can't get any worse. plus we were told there was a similar accident with a truck there two weeks previous.

any advice appreciated, thanks
 
agree with Bond.

If solicitor is dealing with insurance claim, then there is a clear conflict of interest.

you need to immediately seek independent legal advice.
 
I have across this a lot lately, gardai are issuing a summons for careless driving, dangerous driving, failure to obey traffic signs etc. The insurance company that settled for the damage to the truck would have had an assessor report to determine whether the vehicle was repairable - any solicitor should be able to get access to this report, once they apply in writing.

As stated by both Bond and Ravima, you should seek advice elsewhere. Best of luck.
 
It is not at all clear to me that there is a conflict of interest.

If - as I suspect was meant by the original poster - the solicitor is acting for the husband in making a claim on the employer's insurance, there is no conflict at all.
 
On first reading, I understood that solr was dealing with insurance claim on behalf of employer against his own comprehensive insurers. On second reading, MOB is right. if the solicitor is only acting for you, then there is no conflict.

ACA - Insurers may not release the report. it was commissioned by them. In any event, the insurance company assessor may only have been interested in values of truck and/or repair costs. He may not have been instructed to look at WHY the accicent happened and IF there was any defect in the truck.
 
hi all

thanks for the replies so far

yes the solicitor is acting for my husband. I can understand the insurance company not releasing thir report but surely the Gardai have to indicate why they think a dangerous driving charge should be made?

ACA - very interested that you say you have come accross this alot lately. Why would that be?

Unfortunately my husband has no recollection of the accident as he was knocked unconcious and can't even remember 2 days after the accident - he only remembers the lorry going out of control (he tried to keep it on the road )

A colleague of mine says same thing happened after his brother had an accident and the dangerous driving charge was dropped - pity we have to pay €350 (for solicitor to represent him in court) just to try and prove my husband tried to prevent an accident...

once again, many thanks for the replies
 
I was involved in an accident a few years ago and the Gardaí tried it on by charging me with dangerous driving. It was a situation where the other guy was at fault. It took a few phone calls by my solicitor to the super to find out that the case was without foundation. Only after a lot of horsetrading did they agree to drop the case.
 
City Daisy - It is very important for yu to have assessor see truck, with a view to seeing if there was any mechanical defect that caused the accident. If, for example, an axel broke due to poor maintenance or if there were no brake pads due to improper/lack of servicing etc, then your beloved's EMPLOYER may have a case to answer and the charges may be reduced if not abandoned.
 
City daisy, I work for an insurance company settling private motor claims and in this capacity have come across gardai issuing summonses to people involved in accidents. I would fully agree with Ravima, it is very important to find out if the vehicle was completely roadworthy - if it wasn't and/or the service history is poor, it makes his case much stronger.
 
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