Legal thoughts - hitting a pedestrian

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Re: Legal thoughts - hitting a pedestrian

Postby herzog » Mon Oct 05, 2009 6:18 pm

Nate wrote:Just got the FOI application back from the police.

Very interesting that some VERY specific details about the accident were completely omitted from his statement, he also included "non-information" in there as well - which was a very interesting tactic... i.e. "i dont remember if the cyclist was flying down the footpath backward on 1 wheel"... umm then why report something you dont remember?


That looks like pure and deliberate obfuscation. Allegedly.
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by BNA » Tue Oct 06, 2009 8:28 am

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Re: Legal thoughts - hitting a pedestrian

Postby Nate » Tue Oct 06, 2009 8:28 am

Just rang the FOI place & and asked about the lack of his statements in the FOI request, they were exempt under Clause6(1) - classified as personal affairs.

Any statements made are considered personal affairs of that person & are not necessarily available/accessible by a 3rd party. They can be supoened - in that case the documents will go to the court for the court to view.
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Re: Legal thoughts - hitting a pedestrian

Postby Nate » Wed Nov 11, 2009 11:07 am

Lodged an appeal to the FOI to gain the rest of his statements on monday!
Another $40 & hopefully i can get his other statements - which are considerably different to his first, judging by the length of it.

The ruling in the initial FOI request said "as it did not go to court" so hopefully now it will be going to court & his employer is interested in looking into it & i'll also refer it to the NSW Law Society, i should get it...!
Fingers crossed!
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Re: Legal thoughts - hitting a pedestrian

Postby jasimon » Wed Nov 11, 2009 11:20 am

Nate wrote:...now it will be going to court...

Are you pursuing something?
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Re: Legal thoughts - hitting a pedestrian

Postby m@ » Wed Nov 11, 2009 11:27 am

Nate wrote:Lodged an appeal to the FOI to gain the rest of his statements on monday!
Another $40 & hopefully i can get his other statements - which are considerably different to his first, judging by the length of it.

The ruling in the initial FOI request said "as it did not go to court" so hopefully now it will be going to court & his employer is interested in looking into it & i'll also refer it to the NSW Law Society, i should get it...!
Fingers crossed!


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Re: Legal thoughts - hitting a pedestrian

Postby RobRollin » Wed Nov 11, 2009 11:38 am

Have you sent a letter of demand to his place of work as yet, or have it served by a process server? Based on the info in the thread what I would have done is the following. This is based on my expereince within minor civil court on liability claims for work.

- gathered any witness statements
- photos of dmage to bike and person
- medical report if applicable
- proof of ownership of the bike
- work out quantum
- forward to third party and wait response
- no response is provided lodge minor civil action attaching any road related regulations to documents
- attend concilliation conference and advise of posistion - if third party as is lawyer/solicitor you woud be able to under the Act to apply for a solicitor to represent you as you are a lamen in the courts and the third party is not.
- allow a magistrate at a hearing to make a decison
- beleive based on circumstances that third party holds libaility based on road regulations.
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Re: Legal thoughts - hitting a pedestrian

Postby Nate » Wed Nov 11, 2009 2:40 pm

RobRollin wrote:Have you sent a letter of demand to his place of work as yet, or have it served by a process server? Based on the info in the thread what I would have done is the following. This is based on my expereince within minor civil court on liability claims for work.

- gathered any witness statements
- photos of dmage to bike and person
- medical report if applicable
- proof of ownership of the bike
- work out quantum
- forward to third party and wait response
- no response is provided lodge minor civil action attaching any road related regulations to documents
- attend concilliation conference and advise of posistion - if third party as is lawyer/solicitor you woud be able to under the Act to apply for a solicitor to represent you as you are a lamen in the courts and the third party is not.
- allow a magistrate at a hearing to make a decison
- beleive based on circumstances that third party holds libaility based on road regulations.


Thats the process i'm in....

"work out quantum" ??? whats that?
I get a free solicitor? court appointed?
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Re: Legal thoughts - hitting a pedestrian

Postby sogood » Wed Nov 11, 2009 3:06 pm

Gosh, this is still going! Good luck on the process and the court.
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Re: Legal thoughts - hitting a pedestrian

Postby RobRollin » Wed Nov 11, 2009 3:13 pm

Nate wrote:
Thats the process i'm in....

"work out quantum" ??? whats that?
I get a free solicitor? court appointed?


Quantum are your costs involved. Repairs. Medical. Legal. etc

You dont get a free solicitor unless you went to legal aid, but as the costs I presume are under $5000 or $10,000 in some states then a solicitor or lawyer is not able to represent you as its under the Minor Civil Court and not the Civil Court because both parties are lamen. But because the third party in this case the Defendant is a solicitor the courts may grant that a lawyer or solicitor may represent you. If you are without any expereince in court I would suggest you look into this.

Keep us updated!!
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Re: Legal thoughts - hitting a pedestrian

Postby Nate » Wed Nov 18, 2009 3:22 pm

BINGO!

got the rest of the guys statement...
In short - absolutely ***ing hillarious, full of holes & admissions of crossing against the red man!!!

Shouldnt be hard!
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Re: Legal thoughts - hitting a pedestrian

Postby philip » Wed Nov 18, 2009 3:37 pm

haha nice one Nate, good on you for taking all this effort to follow up on it, sounds like it'll pay off
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Re: Legal thoughts - hitting a pedestrian

Postby Nate » Wed Nov 18, 2009 4:58 pm

:) yeah it should be quite rewarding!!!

"i dont know which direction the cyclist came from"
"i was hit from BEHIND"
"the LEFT side of my head hurts"

many lols
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Re: Legal thoughts - hitting a pedestrian

Postby Mulger bill » Wed Nov 18, 2009 10:20 pm

Good stuff Nate, let's see him get away with anything after admitting to redmanning.

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Re: Legal thoughts - hitting a pedestrian

Postby Nate » Thu Nov 19, 2009 11:28 am

*sigh* *bangs head on desk*

Just spoke with the investigating officer at the cop shop...
Even though in his statement he said he crossed the road against my orange - i.e. his man was red - he wont be given any infringement???

her opening words after i told her the incident number - "i remember the incident, look i've spoken to you about this already..."
Great start!

She re-iterated that "i cant just hit a pedestrian if they run against a red light"... i asked how i was supposed to stop a bike in 1.5m?
"if a pedestrian runs across a red & they loose a leg, i think they've learnt their lesson"
"well in this case he's injured someone else, pedestrians cannot move into a vehicles path and case an obstruction - thats where that comes into play"
"look - i will not be handing out an infringement...."

Not terribly happy with the police force there...
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Re: Legal thoughts - hitting a pedestrian

Postby philip » Thu Nov 19, 2009 12:37 pm

Surely you can ask to speak to someone else there and get them to do something? If not, perhaps contact brendancg, he seems to be able to work magic with the police.
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Re: Legal thoughts - hitting a pedestrian

Postby twizzle » Thu Nov 19, 2009 12:45 pm

Nate wrote:"if a pedestrian runs across a red & they loose a leg, i think they've learnt their lesson"


Cool - go and collect the leg. :twisted:
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Re: Legal thoughts - hitting a pedestrian

Postby Cam » Thu Nov 19, 2009 1:53 pm

twizzle wrote:
Nate wrote:"if a pedestrian runs across a red & they loose a leg, i think they've learnt their lesson"


Cool - go and collect the leg. :twisted:



.... then beat them with it :twisted:
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Re: Legal thoughts - hitting a pedestrian

Postby twizzle » Thu Nov 19, 2009 2:05 pm

Nate wrote:...
Even though in his statement he said he crossed the road against my orange - i.e. his man was red - he wont be given any infringement???
...


Just out of interest... do you actually need them to charge him?
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Re: Legal thoughts - hitting a pedestrian

Postby Nate » Thu Nov 19, 2009 2:54 pm

twizzle wrote:Just out of interest... do you actually need them to charge him?


Dont have to, but it'd be nice to see police actually enfore a law when its obviously led to injury etc.
Plus it would strengthen my case a LOT, either way he's hung himself incredibly well
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Re: Legal thoughts - hitting a pedestrian

Postby Mulger bill » Thu Nov 19, 2009 10:40 pm

An offence causing a traffic collision has been admitted and no ticket? WT????

Can you go over her head Nate?

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Re: Legal thoughts - hitting a pedestrian

Postby Nate » Fri Nov 20, 2009 11:15 am

Mulger bill wrote:An offence causing a traffic collision has been admitted and no ticket? WT????
Can you go over her head Nate?
Shaun


well there's nothing to say it caused the collision - however he admitted to crossing against the red.
I questioned it - so she asked that she takes his word for that part of his statement & then not the second half of his statement about my "supposed" actions.

It seemed in her opion his whole statement was correct or incorrect, if mine conflicted then regardless she cannot act on ANY of his - even if its a confession for comitting an offence.
something is seriously wrong there!

My focus is on the ped at the moment, but i'll get back to her.
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Re: Legal thoughts - hitting a pedestrian

Postby Nate » Tue Nov 24, 2009 7:25 am

All the preparation work is done, costs sorted out, letter of demand gets sent out today!

I'm sure it'll be a nice ***k you xmas present for the guy too
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Re: Legal thoughts - hitting a pedestrian

Postby twizzle » Tue Nov 24, 2009 8:00 am

Nate wrote:... the second half of his statement about my "supposed" actions.


Just out of interest, what were your "supposed" actions?
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Re: Legal thoughts - hitting a pedestrian

Postby Nate » Tue Nov 24, 2009 10:16 am

twizzle wrote:
Nate wrote:Just out of interest, what were your "supposed" actions?


The new found direction I came from & the manner in which we collided
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Re: Legal thoughts - hitting a pedestrian

Postby twizzle » Tue Nov 24, 2009 11:49 am

Nate wrote:
twizzle wrote:
Nate wrote:Just out of interest, what were your "supposed" actions?


The new found direction I came from & the manner in which we collided


Having a permanent vid camera on the bike when riding in high traffic areas starts to look very attractive.
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