Well I have decided I have no faith in legal system anymore...... In easter I was rear ended by sadly another biker whilst on way to bike show.
At the time he admited to the police that he was looking behind him in heavy traffic and when he turned round I had stopped ..... Infact at the time of impact I was still travelling at around 20/25mph..... had I been stopped it would of meant he hit me doing 60mph.

Anyway yesterday the Crown Prosecution Service.... In the infinate wisdom decided that there was not enough evidence to convict him of driving/riding without due care and attention.

I ask you ..... he admits to not looking ahead in traffic .....hits me from behind ....damage shows rear end shunt to my bike and wrote his off. The reason given is because on a road full of traffic there are no witnesses...... How much more evidence do the need for gods sake.

This just tells everyone don't worry if you rear end someone ...If your lucky and no witness details are taken at the time you will get off prosecution.

Rant over now.

Unfortunatly his solicitor would just stand up in court and say he was checking over his sholder as in highway coad and traffic stopped case dissmissed yes its a bitch but thats what we are up against                                                                                                                                                                              

I'm currently involved in a case that I was a witness to. It was supposed to go to court a few months ago, but has been postponed because one of the parties is claiming compensation for injuries. The thing is, it's the one who's fault it was!
Why is it postponed, and why the hell does he get damages when it was his fault?!

I lost my faith in the legal system a long time ago.

What about the civil case, JB? There may not be enough evidence for a criminal conviction, but from a civil point of view it looks as if you may have him by the short and curlies.                                                                                                                                                                              

Did he intend to crash into you?Yes? No? Then maybe it was an accident not everybody needs to be punished for an accident,Have the insurance claims been settled yet?
Where there any injuries??
If not theres no need for the police to be informed as its purely an accident thats why we have insurance sorry but this is the real world!

yea he might have been looking backwards to something important, or checking over his shoulder before changing road position.   Yes there's evidence that he ran into the back of you, his fault, but not that he showed lack of due care/attention.   It's also your job to get witnesses at the scene before police get there, cos people don't stick around if there are no injuries.  Get some passer's by to give you their name and address, then get the other party to sign the piece of paper to verify the details as a real witness.   And some people claim on their Fully Comp insurance for injuries because they know their insurance will go through the roof next year - so they claim as much as possible to cover future cost incrases to their cover                                                                                                                                                                             

As much as I hate the legal system and believe it is not to help us but to only help those with money and/or those that know the right people (i.e. The MPs being let off for fraud), in the case of an accident. It is as the word says, an accident, im sure the other biker wasn't intending on crashing in to anyone when the biker left home or saw you and thought, "I know, im going to crash in to that biker". 

It was likely just an accident and nothing more, if the situation was reversed, would you want the same action to be taken against you? 

Best thing to do is claim for loses and injuries (if any sustained) and leave it there rather than try and punish the biker more than the biker already has been by having his bike written off and insurance premium increase as well as possible injury and such. I know your angry but if everyone tried to punish everyone else for an accident, wouldn't it be a very sad and horrible world. There are instances where the ability to forgive is needed. Life is too short to fight everyone, trust me I know. 

Plus, do you not think those that murder, go out and look to harm someone, etc. are the ones that should be punished not those in an a pure unintentional accident. 

I hope you are ok though Jabecs                                                                                                                                                                             

It's not that I want him punished as such as yes it was an accident ..... But in heavy traffic anyone who was on a road knows you ride or drive to the road conditions.

His reason for looking behind may have been genuine ...... However he did have another biker wih him on another bike and he could of been looking to see where he was.  

The reason I am angry is after the accident after admitting he hadn't been looking ahead....... (And the amount of traffic on the road that day you really did need to be looking) Is if he had of been looking he would of noticed taffic slowing firstly and then stopping.

But more importantly he says I should of taken evasive action to avoid him colliding with me. He also stated that I was in left lane going right ....then right lane going left and then the last letter said I was filtering.

I was in actual fact to the right of the right hand lane near the barrier to allow bikes who were filtering to go ahead or give them somewhere to tuck in if they needed. Hence why when he hit me I went onto the barrier.

Up until these letters started arriving I felt sorry for him as he had lost his bike and we were both just out for a day down Southend.

If your gonna ride or drive on a road you need to do so responsibly .... leaving enough space to stop if you have to and look further up the road than the car in front.

I'm not saying he set out that day to deliberately hit the back of my bike ..... But at the end of the day he did. If it had been reversed I would of admited fault but then not everyone would.

As far as witnesses go if you are able to walk round tryng to find them fantastic .......I wasn't that lucky 4mths on and I am still recieving treatment for my injuries.

Oh and for the record it was the police who brought these charges and not me!!!!!!

Don't start me off with the CPS.... they are inefficient and , like the rest of the system, show no concern for the victims of crime.

I do own some kind of written acknowledgement of their ability to balls-up tho....is this a first ????????

Well I will find out what went wrong I hope the police down here are making enquiries for me.... It will hopefully help me understand their reasoning ........ hmmmmm or not                                                                                                                                                                               

What're the insurance companies positions on all of this?
If they're both happy that it's the other guys fault then everything will get paid for anyway, doesn't matter if the guy gets prosecuted or not.
                                                                                                                                                                             

The CPS will look at all the evidence and then make a decision...Is it in the public interest to prosocute whoever in your instance any good lawyer would get the other biker off,Im presuming you were on an A-road so the biker wasnt speeding and bottle necks are tricky to spot....Anybody can see brake lights but are they slowing,doing an emergency stop or even stationary,Im sorry you were injured but your insurance company can pursue his for compensation for your injuries,loss of earnings damages etc....
Good luck Nick.

I know someone where a car came out on a round about not giving way and hit him on his bike. The woman driver blamed him for getting in her way. Police turned up took details.....and lost them.  He's out of pocket, had a badly crush leg (rear brake is operated by a hand paddle now) and the last I heard he may loose his leg!!! And he can't claim or sue her because the police had all of the details!!!

Sorry to hear the news Janet I know it's not good.

From the point of well insurance will cover it so what does it matter .... Sorry I don't agree, that's like saying the person who hit drobs should not face charges cos they never meant to do it. Or the person who caused a death cos they pulled over without looking again didn't mean to do it.

The police made a decision to charge this guy, in the officers eyes he had committed an offence and so filed charges, it's bad enough as the victim to have to face what has happened but then you have police forms, statements. Being told what will happen in a court case, told what you HAVE to do because they are bringing charges , you come to terms with that and then get told someone else has decided nope it's not gonna happen ....I agree with you J it's not on, not fair, and not right!

My partners car was hit and damaged up the whole of one side by a drunk, uninsured driver who then drove off. As it was parked outside the house, witnesses knocked on doors until they found who owned it, told us what happened, and who it was. He is the local 'herion hoody', you know the type, and as he had driven off, i called the police. Later he came back down with a friend and a torch to inspect the damage, and left a note under the wiper 'sorry i hit your car a cat ran in front of me, phone this number' No police turned up until two days later, by which time i had done their legwork for them by finding out where his car was hidden, and where he was staying. They went to pick him up (because of his history) with a riot van and 2 cars.   After we paid the excess and had the damage repaired by the insurance, £850 worth of damage, we were told by the police that no charges were beibg bought!   After a written confession, 3 reliable witnesses, the police interveiwer telling us to go ahead and claim and on prosecution we would get the excess back from the unisured driver pot, they still let him off???!!!!!   The ploice will not tell us why no action was taken, we are £150 out of pocket, and the premium has doubled. But the worst of it all is this scumbag laughing about it and sneering at us in the street for daring to call the police.   So YES, I certainly agree, the law is an arse!!                                                                                                                                                                             

Accidents do happen, just think more folk should admit it was their fault for whatever reason                                                                                                                                                                               

Yes BJ accidents do happen. Its a shame this ar*e*le accidentally had no insurance, got accidentally drunk, accidenatally leant over to shout abuse at two young ladies while driving, then accidentally crashed into a parked car before driving off - without meaning to of course - Then he DID admit it was his fault.   Still NO action taken - accident?                                                                                                                                                                             

As I've already said...I think it's a bloody disgrace they haven't pushed this one through to you! What a prat indeed and I hope he gets his just desserts! Chin up :)                                                                                                                                                                              

Thanks for the support peeps ....I have now spoken to the police again and the are asking the CPS to tell me why they csame to the decision as well. They are just as annoyed as me.

Like I said before he probably didn't set out on the day to hit anyone but it happened so why not have the ba**s to admit it and take ownership. 

you have my sympathy, it does seem to be a case nowadays that regardless of road traffic laws that are standard country wide depends a lot on which part of the country you live in and as to how they are interpretted by the local agency's, all too often now we are seeing many cases in different parts of the country that have similarities ending with very differing results just because one agency works differently to another. stick to your guns and push it as hard as you can to get the right result for you