Help! - Negligent Driving Occasioning GBH in NSW

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Help! - Negligent Driving Occasioning GBH in NSW

Postby dvidr » February 14th, 2013, 10:12 am

Hi - I realise this is a forum for drink driving but really need some assistance.

I was driving my car and accidently hit a pedestrian who ran out in front of me in November last year.
Unfortunately the pedestrian broke her leg as a result of the accident.

I will be appearing in court for "negligent driving occasioning grievous bodily harm (GBH)" in March.
Can anyone offer any advice as to what I should expect to happen at court?

Thank you in advance.
dvidr
 
Posts: 3
Joined: February 14th, 2013, 10:11 am

Re: Help! - Negligent Driving Occasioning GBH in NSW

Postby Beth » February 14th, 2013, 10:30 am

Hi Dvidr,

Before I can give you any worthwhile advice I first need to know a few more details - please explain what happened including the type of road you were driving on, the speed limit on the road and the speed you were driving and where the pedestrian came out of.

This is all very important to determine the seriousness of the offence.
Beth Morrisroe | Criminal Lawyer | Armstrong Legal
http://www.armstronglegal.com.au/web/pa ... c_law_home

T (02) 9261 4555
Level 5/127 York Street Sydney, NSW 2000
Beth
 
Posts: 16
Joined: August 27th, 2012, 2:27 pm

Re: Help! - Negligent Driving Occasioning GBH in NSW

Postby dvidr » February 14th, 2013, 10:46 am

Thanks so much Beth

I was driving home from work down parramatta road (heading towards M4) about 50 meters from Burwood Road intersection approximately 7.30pm.

I was travelling along the far left lane when a person walking along the footpath veered abruplty in front of me to cross a 6 lane road with.

The pedestrian either didn't look at all or didn't see me.

Travelling 58km in a 60km speed limit zone.
There is a red light speed camera at the next set of traffic lights which was approximately 150 metres away which I am why I was well aware of my speed "58" I was doing at the time.
dvidr
 
Posts: 3
Joined: February 14th, 2013, 10:11 am

Re: Help! - Negligent Driving Occasioning GBH in NSW

Postby Beth » February 14th, 2013, 12:38 pm

Thanks Dvidr.

It sounds to me like you may be able to defend the charge. However, negligence is a fairly easy element for the police to prove, even where the pedestrian may also have been negligent.

In my opinion, it would be wise for you to seek some formal legal advice. I would be more than happy to speak to you on (02) 9261 4555 if you would like.
Beth Morrisroe | Criminal Lawyer | Armstrong Legal
http://www.armstronglegal.com.au/web/pa ... c_law_home

T (02) 9261 4555
Level 5/127 York Street Sydney, NSW 2000
Beth
 
Posts: 16
Joined: August 27th, 2012, 2:27 pm

Re: Help! - Negligent Driving Occasioning GBH in NSW

Postby dvidr » February 19th, 2013, 11:02 am

Thanks for all the advice over the phone Beth.
See you Thursday.
dvidr
 
Posts: 3
Joined: February 14th, 2013, 10:11 am


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