Blooming ridiculous! Surely this isn't justice.

charlimouse

Well-Known Member
Joined
18 September 2009
Messages
3,181
Location
Yorkshire
Visit site
Earlier in the year, a friend of mine was crashed into from behind whilst travelling 2 horses in her trailer :(. They were travelling down a dual carriageway 'A' road, in the inside lane, going at about 50mph when a 4X4 crashed straight into them, causing the trailer to uncouple from the tow vehicle, and flip into the verge. 1 horse had to be destroyed at the sceen, whilst the other was injured. It is unlikely the other horse is ever going to be anymore than a field ornament due to the injuries he sustained. Last week it went to court, and the driver of the car that crashed into my friend got a grand total of..........................

4 points on his licence, and a £125 fine :eek:!

It is ridiculous, after killing 1 horse, maiming the other, writing off a trailer and the tow vehicle (friend wasn't injured, but had to deal with the trauma), that was all the driver got :mad:.
 
That is very ridiculous. I feel so sorry for your friend. The justice system involving traffic/horse accidents needs to be re-addressed, and we are all aware that it isn't the first and won't be the last to be so unfair.
I don't know how we, as horse people, can improve our side of things, but horses don't really count as anything according to the courts, which is heart braking for all.
Many hugs to your friend, she has my support for one. x
 
I agree that the system is pathetic when it comes to something like this but surely your friend is financially recompensed by his insurance as he was guilty of causing the accident.
I know that does not come anywhere near the trauma but she should be able to claim for her stress as well as all vet fees, value of the horse and so on.
 
I agree that the system is pathetic when it comes to something like this but surely your friend is financially recompensed by his insurance as he was guilty of causing the accident.
I know that does not come anywhere near the trauma but she should be able to claim for her stress as well as all vet fees, value of the horse and so on.

Yes she has had full compensation, but money isn't the point in something like this. It's more the fact that a driver who managed to drive straight into a car and trailer managed to get off so lightly!
 
I can imagine it feels v unfair and unjust and it sound like a horrendous accident, can't even begin to imagine how awful it would be. :( Trouble is though, animals are just not treated the same as people are they? Was he done for driving without due care? I wonder what the sentence would be if they had killed two people?
 
The justice (or lack of justice) system stinks.
However when it comes to horses, they are property in the eyes of the law - they are livestock so the offence will have been driving without due care and attention - probably the most the Police could actually charge the driver with.
As for the fine - fines are based on the income of the offender, so it's possible that the driver was of limited means.

I'm not saying the sentence was right - far from it in my eyes, but just trying to explain how the law works. Believe me, the Police would have wanted to prosecute for more, but they are restricted by the law and the CPS.
 
It sounds like an awful accident and condolences to your friend OP for the loss of their horse :( I agree that the sentence given to the driver is unacceptable. 4 points is nothing short of a joke, as is the fine!
 
It seems that unless there is drink, drugs, bald tyres, etc involved alongside awful driving, very little happens. My husband witnessed a van crashing into a cyclist, throwing the cyclist onto the windscreen and crushing his bike. Because he sped through a road junction and on a country road. The police were called and measured the skid marks, etc, concluded he hadn't gone faster than 60mph and decided not to do anything further re prosecution! Even though there was another witness too!

Instead of the constant influence on speeding as the only cause of accidents, the authorities would do well to prosecute actual instances of dangerous driving without additional aggravating factors being present.
 
The whole system is crap.
Sadly i cant say it surprises me, we're sleepwalking into a situation where the law in the country is gradually breaking down, the justice system cant cope, and folks like your friend and her poor horses pay the price, its awful.
In fact its b****y disgraceful. Sorry i know its not useful, rant over
 
Sadly, it doesn't surprise me. A few years ago a lorry driver who had worked well over the legally permitted hours fell asleep at the wheel on the M1. The resulting accident wiped out a couple & their 13 yo child. He got 4 months. The 16 yo who had stayed at home to do course work still feels guilty for not being there with them. The womans mother was in remission from cancer, but that didn't last due to the stress. No, justice doesn't happen when the weapon is a car.
 
Unless you happen to be a solicitor, experienced in the particular offence it is unlikely that any costs can recompense, and it prolongs the agony for the horse owner. I have no advice, but sympathise.

Not that its any consolation, but such claims tend to be straightforwards against insurance companies and for costs to be awarded against the defender. If going down this route, be sure to take independent legal advice and do not be swayed by opinions you may read on a forum. My sympathies.
 
its ridiculous. a drunk driver hit my friends trailer last year at about 6am as on way to a show. we had stopped with hazards on and he drove into us. He could barely wlk when he got out the car and blew a positive test, but he is still driving!! He was only 18 as well, in his stupid little Lupo TDI.
 
Watch any of the police TV shows on TV and its a joke. I watched one the other night - they regularly give bans and points to people who dont even have a driving license...!! Whats the point?! A lorry driver had caused a huge accident because he was DRUNK and he got something ridiculous like a £200 fine and a ban for a year, thats all for being drunk and very nearly killing people.

But then in the same breath, my cousin had been drinking, had walked back to the car with a can of cider on him to get his phone - had literally sat in the driver seat to unhook his phone from its holder when a policeman arrived at the door. The police car had been sitting behind watching him. They breathalysed him - found to be 1 1/2 times over the limit, was banned for a year and had points. He hadn't intended to drive anywhere, hadnt even put the keys in the ignition... but hey ho. Problem is he was only 18 and it meant its been hell for him to get a job as he lives in the middle of nowhere and needs a car, and it was also hell on earth to get him allowed into the States for a family holiday they'd saved up for for years!
 
But then in the same breath, my cousin had been drinking, had walked back to the car with a can of cider on him to get his phone - had literally sat in the driver seat to unhook his phone from its holder when a policeman arrived at the door. The police car had been sitting behind watching him. They breathalysed him - found to be 1 1/2 times over the limit, was banned for a year and had points. He hadn't intended to drive anywhere, hadnt even put the keys in the ignition... but hey ho. Problem is he was only 18 and it meant its been hell for him to get a job as he lives in the middle of nowhere and needs a car, and it was also hell on earth to get him allowed into the States for a family holiday they'd saved up for for years!


In the case of your cousin, you would think that the police might exersize some common sense and have waited to see if he did drive off - but then I do remember being told that even putting your keys in your door/unlocking your car when drunk is counted as intent. But that really is a shame for him as at such a young age he did nothing dangerous and was penalised
 
Top