Hello,

Today my wife gave a lift to a colleague to the bus stop, our 3 month old
baby was in the car chair, (in the back seat).

as she was driving down the road she noticed a small school bus on the side
of the road, she saw no kids, (it is a village road and it was stopped on
the side of the road, not at a bus stop or anything).

As she overtook the bus a kid ran out from the front of the bus and hit the
driver door, (broke a side mirror).
The wife stopped in front of the bus, the colleague got out of the car to
help, the wife stayed in the car with the baby, a bit shocked).

As the kid lives across the road, (probably the reason why the bus was
stopped there), someone ran out of the house and took the child directly
inside.

The colleague came back and said the kid was ok.
The driver of the bus came to the driver window and said that the kid was a
bit stupid for running in front of the bus.
No numbers were exchanged.

The wife then took the colleague to her bus stop further down the road.

She then returned to the house and all she could get from the person in the
house, (who is not one of the parent), was the phone number of the mother.

Later she phoned to see how the kid was, she was told the kid was ok but
still running some tests.

She told she was going to the police to report the incident, (the cops were
not called at all).

She phone again the mother of the child to see how he is, (he has a broken
leg), and the mother hinted that this could have been a hit and run.

Although my wife did wait as long as she probably should have, and the
police should have been called, I don't think it can really be called a 'hit
and run'.

What do you think?

Do you think the wife is in a lot of trouble?
What is the worse that could happen?

Many thanks

Simon

Simon wrote:
Hello,

Today my wife gave a lift to a colleague to the bus stop, our 3 month
old baby was in the car chair, (in the back seat).

as she was driving down the road she noticed a small school bus on the
side of the road, she saw no kids, (it is a village road and it was
stopped on the side of the road, not at a bus stop or anything).

As she overtook the bus a kid ran out from the front of the bus and hit
the driver door, (broke a side mirror).
The wife stopped in front of the bus, the colleague got out of the car
to help, the wife stayed in the car with the baby, a bit shocked).

As the kid lives across the road, (probably the reason why the bus was
stopped there), someone ran out of the house and took the child directly
inside.

The colleague came back and said the kid was ok.
The driver of the bus came to the driver window and said that the kid
was a bit stupid for running in front of the bus.
No numbers were exchanged.

The wife then took the colleague to her bus stop further down the road.

She then returned to the house and all she could get from the person in
the house, (who is not one of the parent), was the phone number of the
mother.

Later she phoned to see how the kid was, she was told the kid was ok but
still running some tests.

She told she was going to the police to report the incident, (the cops
were not called at all).

She phone again the mother of the child to see how he is, (he has a
broken leg), and the mother hinted that this could have been a hit and run.

Although my wife did wait as long as she probably should have, and the
police should have been called, I don't think it can really be called a
'hit and run'.

What do you think?

Do you think the wife is in a lot of trouble?
What is the worse that could happen?

Many thanks

Simon


If your wife stopped long enough, and gave adequate opportunity for
anyone to ask for her details, it is not a hit and run (which is a
common term for failing to stop). As long as she has reported the
accident to police as soon as possible and, in any case, within 24
hours, then she has complied with the law. May I suggest that she
obtains the details of the bus driver as soon as possible as he is an
important witness for her.

--
Howard Neil

Hello,

Today my wife gave a lift to a colleague to the bus stop, our 3 month old
baby was in the car chair, (in the back seat).

as she was driving down the road she noticed a small school bus on the
side of the road, she saw no kids, (it is a village road and it was
stopped on the side of the road, not at a bus stop or anything).

As she overtook the bus a kid ran out from the front of the bus and hit
the driver door, (broke a side mirror).
The wife stopped in front of the bus, the colleague got out of the car to
help, the wife stayed in the car with the baby, a bit shocked).

As the kid lives across the road, (probably the reason why the bus was
stopped there), someone ran out of the house and took the child directly
inside.

The colleague came back and said the kid was ok.
The driver of the bus came to the driver window and said that the kid was
a bit stupid for running in front of the bus.
No numbers were exchanged.

The wife then took the colleague to her bus stop further down the road.

She then returned to the house and all she could get from the person in
the house, (who is not one of the parent), was the phone number of the
mother.

Later she phoned to see how the kid was, she was told the kid was ok but
still running some tests.

She told she was going to the police to report the incident, (the cops
were not called at all).

She phone again the mother of the child to see how he is, (he has a broken
leg), and the mother hinted that this could have been a hit and run.

Although my wife did wait as long as she probably should have, and the
police should have been called, I don't think it can really be called a
'hit and run'.

What do you think?

Do you think the wife is in a lot of trouble?
What is the worse that could happen?


She must report the accident with the Police ASAP and in any case within 24
hours. If she does not she will almost certainly be prosecuted.

Peter Crosland

Simon wrote:
Hello,

Today my wife gave a lift to a colleague to the bus stop, our 3 month
old baby was in the car chair, (in the back seat).

as she was driving down the road she noticed a small school bus on the
side of the road, she saw no kids, (it is a village road and it was
stopped on the side of the road, not at a bus stop or anything).

As she overtook the bus a kid ran out from the front of the bus and hit
the driver door, (broke a side mirror).

So there has been an incident involving her where injury was caused

The wife stopped in front of the bus, the colleague got out of the car
to help, the wife stayed in the car with the baby, a bit shocked)

but she stopped.


As the kid lives across the road, (probably the reason why the bus was
stopped there), someone ran out of the house and took the child directly
inside.

The colleague came back and said the kid was ok.
The driver of the bus came to the driver window and said that the kid
was a bit stupid for running in front of the bus.
No numbers were exchanged.

The wife then took the colleague to her bus stop further down the road.

She then returned to the house and all she could get from the person in
the house, (who is not one of the parent), was the phone number of the
mother.

and has not attempted to prevent them finding her.


Later she phoned to see how the kid was, she was told the kid was ok but
still running some tests.

She told she was going to the police to report the incident, (the cops
were not called at all).

Your wife needs to report the incident to the police as soon as possible
(and in any case within 24hours of it occuring) She should bring her
insurance certificate along to the police station.

I think there may be some exemptions to this rule, but I think they only
apply if you can present an insurance certificate there and then, so she
should play it safe and report the "Road Traffic Collision" as the
police call them these days.


She phone again the mother of the child to see how he is, (he has a
broken leg), and the mother hinted that this could have been a hit and run.

Although my wife did wait as long as she probably should have, and the
police should have been called, I don't think it can really be called a
'hit and run'.

What do you think?

Do you think the wife is in a lot of trouble?
What is the worse that could happen?

The absolute worst that could happen is highly highly unlikely, as it
could be argued that if it wasn't reported "as soon as practical" then
she is as guilty as someone who runs off after injuring someone to avoid
a breath test.

By stopping (which she did) and reporting to the police (which she needs
to do ASAP) then there is no risk of a failure to stop charge being proven.

The way you've described it it sounds like it was the kid's fault, but
any other charges, such as careless driving would need to be considered
on their own merits at a later date. There is also the possibility of a
civil claim against her (which would be covered by the insurance at the
cost of her NCB)

I wouldn't be too surprised if a no-win no-fee shark doesn't pop up at
some point claiming against her (in all practical circumstances her
insurance) but that would be a separate matter.


Many thanks

Simon

In message , at 19:40:07 on Thu, 18
Sep 2008, Simon remarked:
As she overtook the bus a kid ran out from the front of the bus and hit
the driver door, (broke a side mirror).

It might be useful to find a way to document that - witnesses and a
report from a car repairer - to demonstrate that the child hit the car,
rather than the car hitting the child.

ps. I hope she's reported this to her insurers, as well as the police.
--
Roland Perry

She must report the accident with the Police ASAP and in any case within
24
hours. If she does not she will almost certainly be prosecuted.


Thanks all for the replies,

The incident was reported this morning and it took about an hour, (she had
to give a statement as well as literally draw her own version of the
incident).
She had to give a detailed report of what happened and who was present and
so forth.

The owner of the bus company also reported it, (with the driver I assume),
but I am not sure what station they went to. We went to our local station
that is not the same station as the one where the incident happened.

The police was more surprised/upset that they were not called, (the
policewoman behind the counter had to call her boss to discuss if a crime
was committed because they were not called, apparently not).
Truth be told I am not sure either why they were never called, I am guessing
it is because the woman in the house took the child away so quickly there
wasn't much left for everyone to do but to move on.

The police also added that, as there was injury, they would investigate the
matter and if they are unhappy with any part of our stories, (the wife, the
kid and the driver), they would get back to us.

But based on what they see, they tend to think that the bus driver was in
the wrong for stopping where he should not have, and for stopping where
there is no pedestrian crossings.
But they were also quick to add that, as it did not happen on their turf,
another detective might see it another way

Simon

"Roland Perry" wrote in message
...
In message , at 19:40:07 on Thu, 18 Sep
2008, Simon remarked:
As she overtook the bus a kid ran out from the front of the bus and hit
the driver door, (broke a side mirror).

It might be useful to find a way to document that - witnesses and a report
from a car repairer - to demonstrate that the child hit the car, rather
than the car hitting the child.

ps. I hope she's reported this to her insurers, as well as the police.
--
Roland Perry


Essential to report to insurer..........

Simon wrote:
snip
But based on what they see, they tend to think that the bus driver was
in the wrong for stopping where he should not have, and for stopping
where there is no pedestrian crossings.

Various observations relating to the situation here - not all of which
may be relevant where you a

Very few villages have any pedestrian crossings. Did this one?

School bus drivers drop and pick up at designated places - approved by
the LA. The LA carries out a risk assessment at each spot, before
approving it. So, if the driver was stopping at the wrong place (highly
unlikely) there will be evidence supporting that. The driver would be
facing disciplinary proceedings..

School bus drop off points are rarely at village scheduled bus-stops.
The drops are (as in this case, apparently) on the highway as near to
the child's address as is practical.

As this was a recognisable school bus and this would have been shortly
after school chucking out time - an approaching driver should have
expected a child to run out and should have been travelling at a speed
appropriate to that. That is driving without due care in anyone's book.

Children do not get a broken leg from running into the side of a car.
Neither are their legs at wing mirror height.

The bus should have had had an escort onboard in addition to the driver.
If the child is 11 and wasn't met at the roadside or was with an
older sibling, the escort should have taken them across the road to the
house. Especially if the road was wide enough to permit passing traffic.

So, this sounds a right can of worms. I would think that the police/CPS
will not think that it is in the public interest to prosecute, so NFA.
The car insurance company will treat it as a "driver at fault" claim and
the NCB will suffer accordingly. The escort, if there was one, will be
looking for a different job. The driver, if not stopping at the approved
spot, will need a very good explanation...

--
Sue

Various observations relating to the situation here - not all of which may
be relevant where you a

Very few villages have any pedestrian crossings. Did this one?

Yes, about 500 yards down the road from the accident.

School bus drivers drop and pick up at designated places - approved by the
LA. The LA carries out a risk assessment at each spot, before approving
it. So, if the driver was stopping at the wrong place (highly unlikely)
there will be evidence supporting that. The driver would be facing
disciplinary proceedings..

This was not a designated area, (or if it is then it has no markings
whatsoever).

School bus drop off points are rarely at village scheduled bus-stops. The
drops are (as in this case, apparently) on the highway as near to the
child's address as is practical.

This is very likely, I don't know enough about this. But it does not look
like a designated stop to me.

As this was a recognisable school bus and this would have been shortly
after school chucking out time - an approaching driver should have
expected a child to run out and should have been travelling at a speed
appropriate to that. That is driving without due care in anyone's book.

Very possible.
But I don't know if everyone would agree with you. Do you always slow right
down when you see a school bus stopped anywhere?


Children do not get a broken leg from running into the side of a car.
Neither are their legs at wing mirror height.

I see what you are trying to imply.
But the side mirror is broken and so is the leg of the child.

The child has not other major injuries apart from a few bumps and bruises.
From what I can see there is no other damage to the car.


The bus should have had had an escort onboard in addition to the driver.
If the child is 11 and wasn't met at the roadside or was with an older
sibling, the escort should have taken them across the road to the house.
Especially if the road was wide enough to permit passing traffic.

The child was alone, the escort/care taker was across the road, (in the
house), but probably expecting the child as she ran out of the house as soon
as it happened.


So, this sounds a right can of worms. I would think that the police/CPS
will not think that it is in the public interest to prosecute, so NFA. The
car insurance company will treat it as a "driver at fault" claim and the
NCB will suffer accordingly. The escort, if there was one, will be looking
for a different job. The driver, if not stopping at the approved spot,
will need a very good explanation...

Well, the matter has been reported, we were told to wait to be contacted.


--
Sue

Simon

Simon wrote:

Various observations relating to the situation here - not all of which
may be relevant where you a

Very few villages have any pedestrian crossings. Did this one?

Yes, about 500 yards down the road from the accident.

That would be considered too far away to use.


School bus drivers drop and pick up at designated places - approved by
the LA. The LA carries out a risk assessment at each spot, before
approving it. So, if the driver was stopping at the wrong place
(highly unlikely) there will be evidence supporting that. The driver
would be facing disciplinary proceedings..

This was not a designated area, (or if it is then it has no markings
whatsoever).

It probably was the designated point - there wouldn't be any markings.


School bus drop off points are rarely at village scheduled bus-stops.
The drops are (as in this case, apparently) on the highway as near to
the child's address as is practical.

This is very likely, I don't know enough about this. But it does not
look like a designated stop to me.

It wouldn't. All it would look like is a suitable place to stop, close
to a house.



As this was a recognisable school bus and this would have been shortly
after school chucking out time - an approaching driver should have
expected a child to run out and should have been travelling at a speed
appropriate to that. That is driving without due care in anyone's book.

Very possible.
But I don't know if everyone would agree with you. Do you always slow
right down when you see a school bus stopped anywhere?

At that time of day - the only reason for a school bus being there would
be to drop off kid(s).

But yep, if I see a school bus beside the road I *expect* a child to run
out. That is why school buses have school bus boards....


Children do not get a broken leg from running into the side of a car.
Neither are their legs at wing mirror height.

I see what you are trying to imply.
But the side mirror is broken and so is the leg of the child.

A medical examination will show what the likely cause of the break was.
I'd suspect impact from the front ns bumper.

The child has not other major injuries apart from a few bumps and bruises.
From what I can see there is no other damage to the car.

Try putting the car somewhere dark and having a look at the ns front
with a uv light.


The bus should have had had an escort onboard in addition to the
driver. If the child is 11 and wasn't met at the roadside or was with
an older sibling, the escort should have taken them across the road to
the house. Especially if the road was wide enough to permit passing
traffic.

The child was alone, the escort/care taker was across the road, (in the
house), but probably expecting the child as she ran out of the house as
soon as it happened.

The escort comes with the bus, these days. Possibly intended to stop the
driver bonking the kids, but also to take kids across the road, where
necessary. The madness of having one may not have spread to your area, yet.




So, this sounds a right can of worms. I would think that the
police/CPS will not think that it is in the public interest to
prosecute, so NFA. The car insurance company will treat it as a
"driver at fault" claim and the NCB will suffer accordingly. The
escort, if there was one, will be looking for a different job. The
driver, if not stopping at the approved spot, will need a very good
explanation...

Well, the matter has been reported, we were told to wait to be contacted.


I'd bet NFA from the police, if I were a betting person. Had the police
been called and written a report, it might have been different.


--
Sue