R1Nut wrote:
I don't know about attempted murder because that implies intent. If the rider dies then a charge of manslaughter should be brought against the rider as it was not an intentional death.
I asked the question because by their, usually, own admission of "Sorry mate I didn't see you" implies they were not driving with due care and attention and hence my question.
It'd be interesting to get the opinion of In Gear or one of the other police posters and also what the law states.
When we investigate an incident.. we check those involved for any impairment - including questions to establish whether or not "fatigue" set in these days.
We then check out the vehicles involved - defects etc - .. and we also ask questions ... about observation from those involved and from any other independent witnesses to these incidents. This helps us piece together the causes... along with evidence - forensic.. skid marks ... debris on the road surface - along with similar forensics on the vehicles involved.
Based on this .. we can then decide if charges ranging from careless to downright dangerous can be brought against the driver or even a catalyst motorised vehicle user - who did not collide but whose driving/riding standard brought about the incident.
If road layout was a contributing factor or even main factor which resulted in a SMIDSY.. then a defence lawyer would argue out this fact and its relevance to the incident in the courts.
If the road engineering was the main contributing factor - and the accident was just that .. a pure accident .. then no charges would be brought but coroner and police would recommend the road be re-engineered or at least warning signs be erected. This would then end up gathering dust in the Highways department
along with all the filed reports of the potholes