Should the police have charged her?

[Steve]

On Saturday afternoon I got a call from Dad telling me to come over to where he was because he'd been in an accident. He sounded pretty shaken so I thought he'd written his car off or something similar. I got there to find that his car was untouched but he was covered in blood, his lip was split open and he was seated with the abmulance driver standing over him. This is what had transpired: Dad had his car angle parked outside a group of shops and was standing at the boot of his car and moving towards the drivers door to get in. There was a P plater in what he thinks might have been a Rav4 or similar double parked behind other cars but just out of the way of oncoming traffic. Suddenly she reversed to let another driver out of his parking spot and without looking and at some speed, collected Dad knocking him to the ground pinning him under.

Dad spent the rest of the day in hospital and has had six stitches in his bottom lip, has a broken left leg, muscle injuries to his shoulder and to his right leg, fainting spells and shock. To add to this, he's 65 and may not heal properly.

On the way home from the hospital we stopped by the police station because for some reason they didn't attend the accident scene. I knew the P plater was going to report it because I heard the ambulance driver telling her to so by the time we got to the police station she'd already been there.
Now, here's my question, the police chose not to charge her with any offence. Should they have? Has she done anything that would warrant being charged with an offence of any sort?

Needless to say I'm pretty upset that if you drive 3 km's over the speed limit you're treated like a criminal, yet they let this person walk without any charges whatsoever.

[RG]

Should have been charged with negligent/reckless driving I reckon.

[pertuan]

Definitely charge her with reckless driving. If she were to have just scratched the car, I can let her go but the fact that she drew blood from someone, thats just crazy!

[Falcon Coupe]

You can't just break someones leg and walk away, assault ?

[Steve]

He was bleeding pretty bad and barely knew where he was, at the time.

[Steve]

I don't know about assault. She was putting on a big sob scene so I think that may have swayed the police.

[pertuan]

I HATE people who use that teary eyed, "I'm so sorry so I'm in tears" crap to get away with stuff. Charge her.. take her to court if you can. That ought to teach her to think before moving a 1000+kg vehicle around the roads.

[Steve]

I don't want money or a large fine for her, all I want is for the police to charge her and have that charge stick.

[EF302]

sholudnt she be charged undue care or something similer. Obviously wasnt even looking to pin ur dad under the car. just plain stupidity.

[Woz]

Should be charged, and I'd sting her for any hospital and ambulance costs aswell. That's ridiculous that she just got to walk away scott-free.

[Steve]

Most of the costs are being covered by the TAC, but yeah she's walking away scott free.

[jack_crowley]

gees! I've seen so many idiots drive around carparks not checking where they're reversing or pulling in. I've heard of absentmindedness but that is just beyond the pale, you should make sure she gets charged, if I were the one who had done such an atrocious thing I'd be handing in my licence.
Just imagine, if she gets away with this she may go on and cause a major accident in the future on the road. Make sure she gets charged, it's through getting charged she might learn some road skills in order to make sure she doesn't kill someone.

I hope your dad heals up ok.

[I6corp]

She should be made to pay for 'all cost involved' and you also have the right to sue her, although i wouldnt. But you can.

[Steve]

Thanks Jack, he's being looked after pretty well.

[Leah]

Mate she should've definatly been charged with something!!! How can she cause an accident that serious and get away with it! The damsel in distress act really *****s me! I would definatly pursue this further. I work in an ED and see people in car related accidents every day. Only last week there was a 17month old child run over on the footpath. In your dads case, a broken leg is a very serious accident. She needs to be taught a lesson and be made to pay for her negligence!

I hope your dad recovers well! Good luck!

[Full Noise]

Firstly Steve, I hope your Dad is feeling better and hope he makes a full recovery.

Let’s reverse the situation here. GT Falcon reverses over a young lady badly injuring her. Because you dare to drive a GT, you must be a hoon, so they may defect the car. You would most likely be charged with negligent driving causing injury.

I’m not having a go at coppers here, however, they didn’t attend. I don’t blame the cops for this, I blame the system that has led to chronic understaffing. What if she was over .05 or had some sort of drug in her system? We’ll never know. I hope she gets charged, in fact I hope they throw the book at her.

I’m sick to death of inept drivers getting off scott free because they break down in tears. I would like the courts to show her all the mercy that they would show me if I’d had done this.

I don’t care how sorry she is, the fact is that she could have killed your Dad.

Is seems to me that she would be in more strife if she’d backed into a parked car.

[Steve]

Thanks for your wishes Leah, I'll give it a couple of days and then get legal advice.

[Leah]

Originally Posted by Steve

Thanks for your wishes Leah, I'll give it a couple of days and then get legal advice.

Cool. Let us know how you go. If you need any advice on TAC claims let me know, Ive dealt with a heap through work. Good luck mate!

[Steve]

Isn't it ironic, Danny, how your point about hitting a parked can be so true? She hit him with considerable force and had she kept moving just a little further, he may not have survived. I hadn't even thought about the possibility of her being over .05.

[ltd]

At the very least she should be charged with negligent driving/occassioning bodily harm.
I know how helpless you feel when its your dad mate, my father was in a head on with some methodone junkie who veered onto the wrong side of the road and collected him. Because its your dad and he's getting on you just feel helpless. My advice would be to ensure she is charged, and in order to do that you need to make sure that you or your dad make a complaint to the police. Tell the police you want her charged, they can't simply dismiss it as you have made a legitimate complaint. Furthermore, speak to a lawyer and you can commence a civil action against her for damages, loss of earnings, pain and suffering.
This may seem harsh and I do appreciate that accidents happen, but at the end of the day you would like some restitution for the harm someone has caused against your loved one. Like I said, at the very least she needs to be charged regardless of the waterworks.

Finally, I hope your dad recovers well, and I hope that the police do the right thing and charge this idiot of a woman.

[normxb]

Steve , Sorry to hear about you're dad , I hope he comes through Ok

I can honestly say "I know how you feel" , my dad was hit on a Pedestrian Crossing when he was in his early 60's & had similar injuries , face injuries , broken leg , torn muscles on his shoulderblade etc .He came through quite well except for the "muscle Injuries" to his shoulder , the specialist said the Dr's had left it a bit long to repair . Would be worth getting his shoulder/muscles checked out soon . Other than that , dad lived till he was 86 ...those old blokes can be pretty tough . :voldar02:

Wish him well from us all at AFF , and YES the other driver should be charged...

[Psycho Chicken]

What a load of crap. Should have the book thrown at her. As said, if that was a male driving a GT or even a male p plater it would of hit the fan big time.

[Steve]

Thanks for the support guys, it's really very heart warming. I'm quite moved by the response.

[ltd]

And people wonder there is so much anger and rage in our society - when someone can do this and get away with it.
Mate, let us know how you do because there is no way she is allowed to walk free.
The parked car comparison is spot on. The police should have attended by law as there was an injury. If the cops try to run you around (because they weren't in attendance) then you should threaten to take the matter to the PIC.

[ltd]

Mate, I don't know your dad or you but my heart goes out to you guys. Also, I must admit I'm getting mad at what hasn't been done. I know this will be asterixed but its a ****en outrage.

[Redrum]

The offence from what you have told me is Reverse when unsafe. Possibly careless driving, but cannot say on only hearing one side of story.

[Dezza]

Sorry to hear about your father. Hope he makes a full recovery. The girl should definately be charged. It is careless driving that caused an accident. I'm sure the girl would be very shaken up over the incident, but she got off very lightly compared to your father.

[Steve]

Originally Posted by ea_silver_ghia

Sorry to hear about your father. Hope he makes a full recovery. The girl should definately be charged. It is careless driving that caused an accident. I'm sure the girl would be very shaken up over the incident, but she got off very lightly compared to your father.

That's my point. I've no doubt she regrets what's happened, but she got to go home, go to bed that night and get fine the next morning as if nothing happened.

[Smoked]

Hmmmmm.

sorry to hear mate, hope your father has a speedy recovery.

As for charging, She should definately. I know alot of ambulance chasers that would be screaming she gets done for assault with a deadly weapon.

Also, id be questioning why the police didnt attend in the first place. IIRC, any accident involving a motor vehicle in which an involved party requires hospital attention, must be attended. This is so as to ensure the involved parties arent committing further illegal acts (ie Drunk or under drug influence).

[LTDHO]

She has learned another leason whilst on her P's.

It's Ok to back into people.

She should, without a doubt. be charged. Obviously she shouldn't be driving a RAV if she can't see around it.

I'd pursue it further!