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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70633
Experience:  Over 5 years in practice.
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driving without due care and attention; drove into the back

Customer Question

driving without due care and attention; drove into the back of a car on M4; She moved into my path from middle into outside lane. An independant witness says we we both in middle lane at the time; the third party says she was, and I was , in the outside lane. Could I contest it and succeed?
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
It depends upon how the evidence comes out.
To show driving without due care they do have to show that there is some form of poor driving. It is not enough to just show an accident happened. There has to be some evidence that your driving fell below the required standard.
It is possible to argue that a rear end shunt is generally an instance of poor driving. If you are saying that she pulled in front of you then it may be possible to argue that this was just a mistake.
It really does come down to which version of events is accepted. Obviously she will deny that she pulled across you.
Can I clarify anything for you?
Jo