5th February 2016

A cyclist recently posted a video which was reported online on 3 February 2016 concerning a hit and run Road Traffic Accident on 15 November 2014.  After what appears to have been a lengthy Police investigation the Crown Prosecution Service (CPS) decided there was insufficient evidence to prosecute the driver.  The video appears to show the driver accelerate into a cyclist.

It appears on the information available there was no reasonable prospect of the CPS proving beyond reasonable doubt who was driving the car at the time of the incident.  The car was a hire car and both a man and a woman were eligible to drive it at the time of the incident.  Neither admitted to being involved in the incident.  It appears the CPS was not satisfied they could prove which individual was driving the car at the time.

The failure of the criminal prosecution does not prevent the cyclist pursuing the insurer of the vehicle in relation to the injuries and financial losses suffered but no doubt the cyclist, given the shocking nature of the incident, would have preferred the driver was held to account before the Criminal Courts too.  If you are unfortunate enough to have been involved in a cycling accident Ben Hoare Bell LLP have a highly experienced team who are able to act for you in relation to your injuries and losses. Very strict and often very short time limits apply particularly in relation to drivers who cannot be traced.  Please do not hesitate to contact Adrian Dalton or Richard Hardy who are based at our Southwick office.