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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
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Will like you to help me .I was involve in accident where

Customer Question

hi,will like you to help me .I was involve in accident where a pedestrian cross the road running and I end up bumping on her
Submitted: 2 years ago.
Category: South Africa Law
Expert:  WCLawyer replied 2 years ago.
Good day and thank you for your question. My name is ***** ***** I will try and assist you today.
In order to provide you with the most accurate answer, I may have to ask you a lot of questions. This may seem tedious and irrelevant, but trust me, there is a reason for every question. So please be patient throughout the process and if it takes a little long for me to come back to you, it is probably because I am researching your answer. I hope that is okay.
Are you looking for advice, or are you looking for representation?
Customer: replied 2 years ago.
advice or to know steps of the case
Expert:  WCLawyer replied 2 years ago.
Have you been charged criminally for this accident?
Customer: replied 2 years ago.
no
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 years ago.
hi,do you think ill get help.
Customer: replied 2 years ago.
hi can i get an answer
Expert:  WCLawyer replied 2 years ago.
Apologies, I was in court all day yesterday. I will try and answer today.
Was the pedestrian seriously injured? Was the police present at the accident scene? Did you file an accident report or did the police take an accident report?
Customer: replied 2 years ago.
she was enjured and police were present
Customer: replied 2 years ago.
I was driving on the left to the north and on my right there was a car also to the north.the lady was walking towards south.then she start running crossing the road and she was nearly bumped by the car on my right
Expert:  WCLawyer replied 2 years ago.
I cannot express my opinion on the merits of the matter, but if you observed the rules of the road and you were driving at the correct speeds for the area that you were driving in, then you should be fine.
What is going to happen now is that the police is going to investigate this whole incident. They will compile a dossier and they will pass it on to the prosecutors office. During the investigation they may contact you to make a statement. Make the statement, but preferably do it through an attorney to make sure you don't say anything that you did not mean to say.
At the prosecutor's office, they will decide whether they are going to criminally charge you for the accident or whether the accident was the fault of the pedestrian.
The prosecutors office will only charge you if they believe that there is evidence that show that you were negligent. For instance, if they have evidence that shows that you were driving too fast.
If the pedestrian is not going to press any charges, chances are that the office of the prosecutor will close the file, but they are not obligated to do so. So, even though the pedestrian may decide not to do anything about the incident, the prosecutor may still prosecute. Normally they take their cue off the 'victim' though.
IF they do decide to charge you, you will be summonsed to court. It is unlikely and would indeed be improper to obtain your presence at court by arresting you. So, a summons delivered to you by a policeman is how that will happen. If this stage is reached, find an attorney who can assist you.
The charges will probably be reckless and negligent driving.
The pedestrian may also sue you for her bodily injuries in a civil matter, however, it is more likely that she will rather sue the Road Accident Fund.
If you are sued and you have insurance, they are probably going to take over from there. Otherwise, you would have to find an attorney again.
I am not sure if this answers your question. So if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively
Customer: replied 2 years ago.
yes am happy to hear that.my only concern is that the pedestrian run to two cars and that makes me not to see cause of the car on my right
Expert:  WCLawyer replied 2 years ago.
Like I said, it would be impossible for me to ascertain on this forum the probability of you being negligent or not. I simply do not have all the relevant information, such as the accident reports, maps, photographs, medical records and eye witness accounts. That is going to require a full consultation and probably more. So, unfortunately I cannot guess the probabilities of you being charged by the State.
Customer: replied 2 years ago.
ok.so how much it my cost me for an attorney on this matter
Expert:  WCLawyer replied 2 years ago.
Unfortunately I also cannot answer that question. It will depend on what the individual attorney's rates are, how much time he is going to spend on the matter, whether he has to hire in experts and a whole lot of other aspects. The best person to ask to estimate costs, would be the attorney that you intend to appoint himself/herself.
Customer: replied 2 years ago.
ok ,thank you
Expert:  WCLawyer replied 2 years ago.
My pleasure. Kindly do not forget to rate.
Customer: replied 2 years ago.
just a followup.how long do I have to wait to be called to court
Expert:  WCLawyer replied 2 years ago.
The statute of limitations on a crime of this nature is 20 years. So, if you are not charged and prosecuted within 20 years, then they cannot prosecute you any more.
Typically, where the police know who you are and where you live, if you do not hear from them within the first three months or so, it is unlikely that they will prosecute.