Accidents
Police motor vehicle accident investigators define the word ‘accident’ as “a caused occurrence”. What this means to any driver is that the accident investigator will apportion responsibility for the collision depending on the evidence that s/he sees or hears at the scene.
The average driver who suddenly becomes involved in a collision is usually in a state of shock and may even be injured. They look at the damage to their car which moments before was in one piece, they think about their insurance, what the family will say, how they will get to work or who will pick the kids up from school and all manner of other things.
They then find themselves being questioned by a uniformed police officer and they are asked for an explanation of what happened.
Given all the circumstances at the scene and the driver’s mental distraction it is unlikely that the explanation will be full or complete or even accurate but whatever is said will be a major factor in the officers decision as to who is responsible and whether or not an offence has been committed.
Similarly the evidence of any witnesses, particularly independent witnesses play a major role in the investigation. Physical evidence such as the resting position of the vehicles, debris field, weather conditions, traffic volume and functionality and visibility of any traffic controls are also important factors in the investigators decision.
When all of these things are collected, analyzed and considered and you are the driver who is charged it is so very important that, if you intend to challenge the charge in court, you have the best available information and assistance.
POINTTS’ Agents know that any one of the items considered by the investigating officer may hold the key to a successful defence and the charge being dismissed.
This may sound simple enough, however, Traffic Court is unlike any other court in that it has to establish a balance between, high volume, limited time, the need to adhere to a strict set of procedural rules and the paramount objective which is the fair and impartial administration of justice.
What this means to the Defendant (accused) is that the evidence flows rapidly in the prescribed manner and any defect in the evidence or procedure has to be identified and argued by the defence as soon as it becomes apparent.
The skills required to do this are possessed by each POINTTS' Agent and have been acquired over many years in that high-pressure arena.
What NOT to say to the police . . .
- "The accident occurred when I was attempting to bring my car out of a skid by steering it into the other vehicle."
- "When I could not avoid a collision, I stepped on the gas and crashed into the other car."
- "I collided with a stationary truck coming the other way."
- "In my attempt to kill a fly, I drove into a telephone pole."
- "As I approached the intersection, a stop sign suddenly appeared in a place where no stop sign had ever appeared before. I was unable to stop in time to avoid the accident."
- "The guy was all over the road. I had to swerve a number of times before I hit him."
- "An invisible car came out of nowhere, struck my vehicle, and vanished."
Remember . . .
"An accident may be the reason you are in court but don’t let yourself be convicted by accident"
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