Diabetes and accidents

[Vincetoon]

Hi there, apologies i am new to this forum but need some advice. I was recently in a car crash which was called by my car skidding on a patch of black ice which resulted in me losing control of my vehicle. I crashed into oncoming traffic, but no one was seriously hurt a couple of cracked ribs.

I have been charged with driving without due care and attention, which is fair enough I suppose, i have learned through my solicitor that the prosecution are pushing to have me disqualified from driving due to my diabetes. I have had laser surgery in my eyes and they are staying that it was this that caused my accident.

Has this happened to anyone else?

 

[Jaylee]

Hi @Vincetoon ,

Welcome to the forum.

I'm no "legal beagle" I'm afraid.
But I suppose it would all count on wheather your eyes meet the criteria for fitness to drive..
https://www.gov.uk/driving-eyesight-rules

Hope this helps.?

 

[Vincetoon]

Thanks very much for this. My vision has not changed following the surgery and i have had field vision test. So hopefully all ok. Thanks Richard

 

[Phoenix55]

Like @Jaylee I am no legal eagle but here are few thoughts. If you were following all the requirements for driving with type 1 and your surgeon said that you were OK to drive it is up to the prosecution to prove otherwise. Were the police called? Were there other witnesses to the patch of black ice? Who is charging you with not driving with due care and attention? If it is the Crown then there should be statements that were taken at the time. If it is someone else who was injured, and probably lost time at work so they may be in the position of having to prosecute because of their employer wanting to recover the cost, then the police should have examined the site and noted any fault in the road surface. Do get qualified legal advice. Citizens advice is a good place to start if you don't have a solicitor already. Good luck.

 

[Juicyj]

Hi @Vincetoon Sounds like you are in a very difficult situation, do you have evidence that black ice caused this crash ? so witnesses, police report, etc ? Otherwise they are clutching at straws trying to blame your diabetes/vision. Can you speak to your GP and see if you can get someone to verify your vision is acceptable for driving, which in turn would be evidence to state that this wouldn't be the cause, also try Diabetes helpline, see if they can point you in the right direction for legal support on this: https://www.diabetes.org.uk/How_we_help/Helpline/

Good luck

 

[Bluetit1802]

Another thought - do you have proof from your meter what your levels were when you were behind the wheel? After the accident were you asked to do a test?

 

[Squire Fulwood]

Another thought - do you have proof from your meter what your levels were when you were behind the wheel? After the accident were you asked to do a test?

Perhaps even more relevant, have you got a reading to prove "Over five before your drive". The absence of such a test might not go well for you.

 

[Johnjoe13]

I'm no expert either but it seems very strange that they have gone from a charge of driving without due care and attention, which presumably the police have recommended based on the evidence at the time from their investigation, to suddenly another charge? I would agree that if your driving was such that you had not taken proper care given the road conditions at the time then yes the charge of driving without due care and attention would seem reasonable. But I would also ask where did their evidence come from about your eyesight? You see where I'm coming from with this? Now if you had made a statement to police at the time or shortly afterward and told them about your diabetes and vision then surely this charge would have been presented at the same time, and for that then they will have to prove this.

Your solicitor should remind you that you are innocent until proven guilty, which means the burden of proof is with the prosecution and they are the ones who have to prove your diabetes and subsequent vision was impaired enough to cause you lose control and crash your vehicle. I'd make an appointment and get your vision tested independently, but also I would have expected the prosecution would surely have to prove your vision was poor for a conviction and without this information how is a judge going to agree without having this evidence.

 

[Resurgam]

Black ice is by its very nature invisible, so there is no point to the claim that poor vision caused the accident.
As was pointed out recently, though, registered diabetics have their eyes checked far more carefully and more frequently than the average glasses wearing public - so whatever the reason for the case being brought they don't have much of a chance of success either way if it is properly argued.

 

[Jaylee]

Hi again,

Been thinking about this... Diabetes.
So? As a matter of course. Police involvement will take witness statements regarding an RTA (I think it used to be referred to.) or is it an RTC now?
Along with a breathalizer test of the drivers involved..

As a matter of protocol with an "insulin dependant" the law would require a BS result to eliminate that "factor" too?

However. In my experience with getting stopped by the law this has never happened though. I have passed a breath test during a DD Christmas "campaign".. (Of course!)
My point? Not all police officers notice a "restricted licence" or question why so... If they do (the case with me once in Holland) the average copper doesn't understand Diabetes..

Sooooo? Sorry to do this @Vincetoon . What could you have said in a statement that might have "incriminated" you to this point of the proceedings?
Or were you subject to a 20 meter number plate eye test at the "scene" during an investigation by a police officer involved?

I'm making an assumption the law was involved in this incident & not another driver "trying it on" after an exchange of details....

By the way. Rib fracture can be caused by the seat belt catching someone in the inertia..
I once sustained a fractured rib in an assault & was asked by a professional during treatment if I was in a car accident due to the injury location..

 

[rockape37]

A lot of good advice from all of the above.

I have had laser treatment on both of my eyes, this has not affected my vision in that i cannot see very well in fact it will have prevented further leakage of the blood vessels.

As a type I diabetic your eyes will be checked yearly and as you have had laser treatment i dare say you are checked yearly if not more by your hospitals eye department.

I suspect that someone is trying it on because they have seen a,weakness lets say because you are diabetic.

Black ice is black ice because you cannot see it full stop. If you where driving with undue care and attention then they may have a case against you. But regarding your diabetes what do they actually know about this and your diabetes. Maybe this is also a case of discrimination against you for being diabetic.
Please seek legal advice. Citizens Advice bureau will advise you if your stuck, its a start.

Regards

Martin