Car hits push bike

[Carljones100]

I was driving home from work in heavy traffic and a cyclist was undercutting me, i went past him and this happened 3 times. As i passed him for the third time, I clipped his handle car and he fell off his bike. I turned the car around and went to see if he was ok. He was angry, but I asked if he needed any help and offered to put the bike in my car and give him a lift home but he declined. I assumed that this was the end of the matter and that it was an accident and both parties were at fault. A few weeks later i was contacted by the police, was asked in for an interview and have now been charged with Driving without due care and attention, Failing to contact the police and failing to return and exchange details. These are 3 criminal charges and I don't know if I should plead guilty or not? I informed the police that I was now aware that a 1.5 metre distance was the legal distance needed to be left when passing a cycle, which I did not know at the time and would have been completely impractical in heavy traffic and that I did not know I had to call the police, as it seemed like a small accident and also neither of us exchanged details, again as it seemed like a small incident and I was unaware details needed to be exchanged if not two cars and surely he was as guilty as me on the charge, as he didnt give me his details. It seems like I am having to accept full responsibility for this incident?

[des8]

I don't suppose you went to that interview with a solicitor?

What you need to do is contact your insurers,
Do you have legal protection insurance? This might pay towards your defence.

If not, then contact a solicitor who deals with motoring prosecutions

[atticus]

you were way too close. You didn't need to be told that.

[Carljones100]

I don't suppose you went to that interview with a solicitor?

What you need to do is contact your insurers,
Do you have legal protection insurance? This might pay towards your defence.

If not, then contact a solicitor who deals with motoring prosecutions

The police kept me waiting for over an hour and when I said I would like to have a solicitor they said there was no one available and I would have to wait. I had been up most the night coughing and felt exhausted, so agreed to be interviewed. The insurance company have dealt with the cyclist but I did not have full legal cover

[Carljones100]

you were way too close. You didn't need to be told that.

Thanks for that helpful comment. It was rush hour traffic and there was no room to really move. He had under cut me and several cars and the cars in front all passed him leaving very similar distance due to traffic but unfortunately i caught his handle bar. I was not aware of all the legalities and in circumstances like this, 1.5m gaps can not be managed imo

[atticus]

Then you should have waited.

Whether you consider my comment helpful or not, you might like to think how your explanation is going to sound to an uninvolved observer such as a magistrate. Unfamiliarity with the Highway Code is not going to advance your case.

[Carljones100]

Then you should have waited.

Whether you consider my comment helpful or not, you might like to think how your explanation is going to sound to an uninvolved observer such as a magistrate. Unfamiliarity with the Highway Code is not going to advance your case.

Are you a solicitor ? If I were to do things over, obviously I would do things differently. I have spoke to many people and they all said the same thing, which was they were not aware of this process. I aware of the laws I have broken, as the police informed me but my questions relate to whether the circumstances will be taken into considerations if I was to plead guilty

[des8]

"Failure to provide details"

RTA 1988 sec 170 (2) "The driver of the [F1mechanically propelled vehicle] must stop and, if required to do so by any person having reasonable grounds for so requiring, give his [details]

It would appear that if the cyclist did not request your details, you may not be guilty of this offence at least.
However not supplying details for any reason means the incident must be reported to the police within 24 hours (sec 3)

You really need a solicitor.

[atticus]

I see the OP has read my signature!

Anything you say will be taken into consideration, although it may be given very little weight.

[islandgirl]

I don't see how the OP could be guilty of "Failing to contact the police and failing to return and exchange details." when the parties spoke and the cyclist did not want them. The due care matter needs legal advice. Sentencing guidelines are:
https://www.sentencingcouncil.org.uk...-revised-2017/
So minimum of 3 points if guilty (and a fine)
Bit unfair of the cyclist to say all was well and he didn't want details and then report to the Police in my humble non-cyclist opinion

[echat11]

I suspect dash cam footage has been taped over, if there was any.

[DE DOGS]

I don't see how the OP could be guilty of "Failing to contact the police and failing to return and exchange details." when the parties spoke and the cyclist did not want them. The due care matter needs legal advice. Sentencing guidelines are:
https://www.sentencingcouncil.org.uk...-revised-2017/
So minimum of 3 points if guilty (and a fine)
Bit unfair of the cyclist to say all was well and he didn't want details and then report to the Police in my humble non-cyclist opinion

Totally agree. I have been a driver longer than I care to remember, and I never knew that applied, we can all learn lessons, and my opinion is lessons will be learned.

[atticus]

but surely DE DOGS you know when you are dangerously close to a cyclist.

[echat11]

but surely DE DOGS you know when you are dangerously close to a cyclist.

This is a general comment - Not always, cyclists tend to like to 'weave' through traffic. They can be there in 'a blink of an eye'.

This isn't in the UK, but a good illustration of what can happen.

https://www.youtube.com/watch?v=RPM2Jmor2EA

I also think the 'delay' in reporting the incident to the police by the 'cyclist' might be to do with 'making a claim'. As on the day they were happy to walk away.

[atticus]

Do we know that it is the cycist who reported this incident?