Road rage incident

[maxinep]

Please can anyone advise, my husband had a road rage incident today it ended up with the driver trying to push him over the rails in the road to other side of the road, this resulted in my husband hitting the other guy, husband has bruises on arm from being grabbed. The guy when then talking to the police decided he needed his crutch from his car, some people stopped and saw what happened but not sure if anyone is witnessing there was 3 people in other car. The police spoke with the other driver but have called husband tonight and said will call to come and take his story in the next week or so. What's going on are they not going to listen to his side or look at his arm. Very worried any advise please, we are in a lot of debt we can not afford any legal help but do not qualify for legal aid.
Thank you

[leclerc]

Re: Road rage incident

Get him to write down what happened and how is went on tonight, NOW. The immediacy of what has happened is worth having down because in a week's time he might have forgotten the smallest of things.

[maxinep]

Re: Road rage incident

Why are they not taking his side of the story just calling and saying will call you in a week nor so we took photos of arms too

[wales01man]

Re: Road rage incident

They are probably not taking sides the police have a lot to do this will be investigated .
Does he want to press charges?

[maxinep]

Re: Road rage incident

My husband?

[paulajayne]

Re: Road rage incident

Take pictures of marks - ensure date and time on camera correct.

[maxinep]

Re: Road rage incident

I have them on my phone with date my husband doesn't want to press charges as both in the wrong

[wales01man]

Re: Road rage incident

If the other guy does get proof of your husbands injuries problem may come if the other side produces a witness

[maxinep]

Re: Road rage incident

There was people in his car which will protect him I guess some people shouted for this guy to get off my husband but the police were not called until later on when no witnesses there

[wales01man]

Re: Road rage incident

Wait and see what happens no way of knowing what will happen

[maxinep]

Re: Road rage incident

What I don't understand surely they should be talking to both parties

[Kati]

Re: Road rage incident

What I don't understand surely they should be talking to both parties

They probably will be (just not telling you when they're talking to the others)

[maxinep]

Re: Road rage incident

They spoke to the other guy earlier in the day after they attended but both cars had moved, that's when husband was told they would call him and come and see him for his side of story now tonight they called said will be in next week or so

[charitynjw]

Re: Road rage incident

Hi maxinep

Are there any CCTV cameras in the vicinity?

If your OH is claiming self-defense, I guess it was a 'heat of the moment', knee-jerk sort of reaction :tinysmile_twink_t2:

Palmer v The Queen [1971] A.C. 814, 832

"The defence of self-defence is one which can be and will be readily understood by any jury. It is a straightforward conception. It involves no abstruse legal thought. ...Only common sense is needed for its understanding. It is both good law and good sense that a man who is attacked may defend himself. It is both good law and good sense that he may do, but may only do, what is reasonably necessary. But everything will depend upon the particular facts and circumstances. ...It may in some cases be only sensible and clearly possible to take some simple avoiding action. Some attacks may be serious and dangerous. Others may not be. If there is some relatively minor attack it would not be common sense to permit some action of retaliation which was wholly out of proportion to the necessities of the situation. If an attack is serious so that it puts someone in immediate peril then immediate defensive action may be necessary. If the moment is one of crisis for someone in imminent danger he may have [to] avert the danger by some instant reaction. If the attack is all over and no sort of peril remains then the employment of force may be by way of revenge or punishment or by way of paying off an old score or may be pure aggression. There may no longer be any link with a necessity of defence... If a jury thought that in a moment of unexpected anguish a person attacked had only done what he honestly and instinctively thought was necessary that would be most potent evidence that only reasonable defensive action had been taken."

[maxinep]

Re: Road rage incident

It was near average speed cameras but don't think they film anything the guy shouted he had a dash cam but unsure about that and it all happened behind the vehicles