Hi, I am a recent immigrant to the UK, i was driving at the proper speed when a man drunkenly swerved into my path very suddenly he was wearing dark clothing and so was difficult to see! I was told i had not driven 'recklessly' although I regretfully struck the man as he ran into my path and he died at the scene. although after a post-mortem it was found he had a lot of drugs and alcohol in his system. I however possess a full driving license in my own country but was insured only on a provisional license and was not covered for driving alone in england at the time of the accident. I am concerned about punishment and what i will be charged with and if i have any defence i could raise at all, i am waiting to hear some legal advice so if you could answer these questions for me i would be extremely grateful, thank you.
secondly I have a vague idea of the idea of precedent and the cases before being RV Hughes and Clayton and Uthayakumar, which related to uninsured drivers etc, however could you also tell me which parts would apply to my situation?
and thirdly i have looked at the legislation that would apply to me, is this the road traffic act 1988? if so which part?
I am just trying to find as much to it as i can so i know about all possible areas...legislation, previous cases that i suppose may determine mine, what my defence is if i have any that can be raised and sentencing or punishment that i could get?
Thank you in advance.
i have been reading similar things and what would have been the case if a motorcyclist veered onto my side of the road trying to weave through traffic and he was hit by a driver on the side of the road he veered into but the driver had no time to react or take evasive action, the motorcyclist broke his leg was operated on and then later died, who would be at fault and why/how?