Police think I was texting when I crashed into the car in front

[maddiemay]

Hi all

Not my usual reason for posting, thankfully all my debts are now under control.

 

Tonight I went into the back of the car in front, no issue there, automatically my fault I accept that,

but I had replied to a text to my brother whilst sat in traffic at a stop/go sign about 10 minutes earlier,

 

 

at the same time whilst still stationary (I know it s wrong but I genuinely was stopped)

I started typing out another message to the person I was picking up,

however it didn't get sent because the stop sign changed to go,

and I was on my way so no need to tell the person as I would be there shortly,

 

 

said person sent a text at some point between me starting off again and stopping after the accident, saying 'everything okay' as I was obviously late,.

 

When I hit the car in front I got out,

apologised to the driver in front,

and asked if I should call the police and an ambulance, which I did.

 

 

When the police arrived, they asked for my phone number, and as I couldn't see it

a) because I was now crying and

b) because I can't see close up without my glasses on,

 

 

I accidentally scrolled to messages looking for my own number and the policeman saw the unsent message,

and wrongly assumed I was replying to the 'everything okay' text with 'traffic bad' one,

and that being the cause of the accident.

 

The police seized my phone and will get the phone records,

not sure what they hope to get that they can't see on the phone.

I have to go tomorrow evening to be interviewed,

I was cautioned and told I could take legal representation with me or ask for a duty solicitor.

 

My questions are,

I'm on a low wage, and on my own (my dear husband of 22 years left me earlier this year for someone else)

will I have to pay for the duty solicitor,

is the offence that serious that I need one,

if it wasn't for the fact he'd accidentally seen this unsent text it would have been a simple not stopping when the car in front did.

 

I'm so terrified about being interviewed, never had any accidents in the whole 33 years I've been driving.

 

Sorry it's so long,

Any help would be really appreciated

Maddie

[unclebulgaria67]

If the text messages sent or to be sent are when you were driving,

then you will get done for using a phone while in control over a motor vehicle.

Does not matter that you may have been sat in traffic, as you were still technically in control.

 

There may be other offences related to causing an accident, but not sure what these could be.

 

You don't need a duty Solicitor, but can ask at the station if one is available.

They should not charge for just giving advice.

 

Make sure it is clear what you are being questionned about and you don't have to admit anything.

It is up to the Police to establish whether they have any grounds for you committing an offence.

 

 

If you are going down that road again, check for any traffice cameras the Police could acess.

You should not say that you pulled over to the side of the road and parked to deal with texts,

when the Police could disprove using recorded camera footage.

 

 

Giving false information to Police is worse than saying nothing at all.

[dx100uk]

tell the truth plain and simple.

[maddiemay]

I did tell the police I sent the first text whilst sat in traffic and started typing out second one before moving on, I'm not intending on changing that. I did expect to see more than two cars involved, only realised it was my fault when I went to check the driver and she hadn't hit the car in front.

Thanks for advising me on the solicitor thing, probably won't bother with one.

Thanks again for the advice.

[zumbanikki]

I would ask for the duty solicitor as you don't know your way around and its free.

[maddiemay]

Went to the police station tonight, they were really helpful and nice to me as I was still pretty distressed. The officer who interviewed me said he would recommend to whoever it is that I do a course, not the normal driving awareness course but some other kind, ultimately the decision isn't his, but said they usually go with his recommendation.

He seemed happy that I wasn't using my phone when the accident happened.

Insurance company contacted and the claim is underway.

I shall take this as a very big warning to concentrate on nothing but driving in future and not allow my mind to wander.

Thanks for all your support

Maddiemay

[BazzaS]

 

I did expect to see more than two cars involved, only realised it was my fault when I went to check the driver and she hadn't hit the car in front.

 

Why should it matter if there was a 3rd car involved ?

(Were you planning on claiming it was "crash for cash"?)

Even if the car in front had hit a car in front of them it remains your responsibility to ensure you can stop your car in time should such an incident occurred.

[maddiemay]

It didn't matter Bazza, it was just my thought at the time, it would have explained how it occurred that's all, nothing more.

[Bazooka Boo]

Hopefully you will be more at ease now that you've been to the station.

 

With all of the technology available today, you would have thought it easy to disable mobile phones when the engine has started.

 

As has been said, even if the car is parked/stopped, you still commit the offence of using a hand held device in a motor vehicle even if the engine is running.

[nicolee2931]

I would in future lock your phone away in the boot of your car, this way it removes any temptation to respond to a ringing phone or text a reply. If you feel you need to respond to a text or call at least you have to then stop in a safe and convenient place to retrieve your phone.

[mikeymack2002]

Now you know why you don't use your phone whilst driving. It's an offence. Other offences could be careless driving and others. That's a fine and points.

 

The police could offer you a drivers awareness course. Using a phone when driving can kill. You were lucky that it was just metal that got damaged. This time.

 

Other issues that you may face is your insurance company may not pay out the claim. If you have a smart phone and if you have turned off the tracking mode in Google your journey could be seen in your history.

 

Unless you have fully stopped and ignition off then the Police could take action against you for instances like this.

 

Now all said and done you must tell the truth and fully explain that you used your phone whilst in a queue of traffic. If you lie and are found out then you could face a different outcome.

 

The definition of being in control of a vehicle is, you are in the drivers seat and keys in the ignition. If this was the case then it's a done deal.

 

Could suggest this? What if it wasn't metal you hit but something much softer and so on? Please keep your phone in your bag or pullout of traffic stop take the keys out and then reply. The police probably told you already using a phone when driving can kill.

 

If you do get offered the course it's very interesting and informative. I hope you have learned a valuable lesson now.

 

Happy Xmas

[Bazooka Boo]

This was last month, the OP has been to the station and the matter dealt with I believe.