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Stevief

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Posted

 

Just for interests sake. The basic definition of a hit and run is where the owner or driver of the guilty motor vehicle is unknown and needs to be sought out. So her returning in this instance doesn't really change the hit and run part. It doesn't literally mean ...SLAM CRUNCH. OH #&$@ Screeching tyre noises... but it would apply in that situation too :)

but she is known to the police, so is it still a Hit & Run?
Posted

Hit and Run definition

 

The crime of a driver of a vehicle who is envolved in a collision with another vehicle, property or human being, who knowingly fails to stop to give their name liscence no and other information.

Posted

but she is known to the police, so is it still a Hit & Run?

Yup it would be, as her identity was unknown to the victim, even after he manages to find out her details it would still be viewed as such.

One has to remember though that there is no sort of legal charge for hit and run specifically. It would actually end up being quite a long list of other things including; failing to stop after an accident, failing to ascertain the nature and extent of injuries, failing to exchange particulars, the list goes on...

It is actually considered criminal. So a CAS docket is opened, and not just the usual accident report

Posted

Just a few things pertaining the law.

 

STOP

If you are involved in an accident that causes injury to or the death of anyone, or which causes damage to property or any animal, you are required by law to stop your vehicle.

It is a crime not to stop after an accident, and you could be fined up to R180 000, or sent to prison for up to nine years, or both. More information on offences and penalties can be found in Section 89 of the National Road Traffic Act.

HELP ANYONE WHO IS HURT

After you have stopped, you need to find out if anyone is hurt and help them as much as you can. You also need to call emergency services. The City of Cape Town's emergency number is 107 on a Telkom landline or payphone or 021 480 7700 on a cellular/ mobile phone. You can phone the SAPS on 10111.

If you don't know anything about first aid, be careful not to do anything that might make the injury worse.

Unless you yourself need to go for help, you must stay at the scene until a police officer says you can leave. You can be criminally charged for failing to help anyone who is hurt in the accident.

Posted

And by this definition , legally (unless i misinterpret) her vehicle was to stay at the scene till the police arrive.

 

DO NOT INTERFERE WITH THE EVIDENCE

You must NOT drink any alcohol or take any drugs that have a narcotic effect unless it is on doctor's orders.

If the police asks you to go for a medication examination, you must not drink any alcohol or take any drugs that have a narcotic effect before the examination and before you have reported the accident.

If anyone is injured in the accident, the vehicles may not be moved before the police or traffic officer has arrived and said that the vehicles can be moved.

Posted

but she is known to the police, so is it still a Hit & Run?

Milky how do you know about her statement and version of events? The facts are this she came up behind me and hooted like a maniac, the rd has no shoulder and as she overtook she clipped me with her mirror. I was doing approx 60kmh when ihit the deck. She didnt brake or slow down. She eventually returned a few minutes later. I have several eyewitnesses. She did not give me her details and then she drove off .

 

PM me if you have some information i would appreciate it.

 

I also have found her details thanks to the hub and facebook.. I have laid charges with Saps and will be talking to lawyers.

 

look at my strava speed below. Went from 60 to zero in a second. Was doing 78.8kmh at one stage.post-9483-0-13880900-1410345135_thumb.jpeg

Posted

Milky how do you know about her statement and version of events? The facts are this she came up behind me and hooted like a maniac, the rd has no shoulder and as she overtook she clipped me with her mirror. I was doing approx 60kmh when ihit the deck. She didnt brake or slow down. She eventually returned a few minutes later. I have several eyewitnesses. She did not give me her details and then she drove off .

 

PM me if you have some information i would appreciate it.

 

I also have found her details thanks to the hub and facebook.. I have laid charges with Saps and will be talking to lawyers.

 

look at my strava speed below. Went from 60 to zero in a second. Was doing 78.8kmh at one stage.post-9483-0-13880900-1410345135_thumb.jpeg

 

....maybe another charge.....if you were doing 60km/h and she overtook you.....what is the speed limit in that area?

Posted

Now where is PPA when you really need them.....

 

O ja, they are making a law that you should not ride with earphones.....

Posted

Hmm.. What's the law regarding speed limits and bikes? My first thought would be to assume that the limit would apply to everyone using the road??

 

Edit: Just curious here considering the speeds reached etc.

Posted

Hmm.. What's the law regarding speed limits and bikes? My first thought would be to assume that the limit would apply to everyone using the road??

 

Edit: Just curious here considering the speeds reached etc.

....maybe another charge.....if you were doing 60km/h and she overtook you.....what is the speed limit in that area?

 

It is outside the urban area so the speed limit probably 80km/h or 100km/h - don't think that would be the issue here.

 

Personally I hate that downhill and avoid it as far as possible, no shoulder, road surface bumpy&slippery and cars are quite reckless going down there and if you can reach 80km/h on your mtb imagine how fast some of the cars are going..

 

I am very reliefed Stevie is ok (relatively), given the speeds involved it could have been much worse, hope he gives that driver hell!

Posted

http://i1091.photobucket.com/albums/i395/veharmse/experts-experts-everywhere-js9bx8_zps875e2049.jpg

 

http://assets.diylol.com/hfs/12c/497/0bf/resized/x-x-everywhere-meme-generator-trolls-trolls-everywhere-10fca5.jpg

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