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Help, car crash, death - what now?


videfleur
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[quote user="Jura"]

French law is an ass/arse/whatever word you want to use.

I can understand you being *** with the French system. It works in favour of the French.

[/quote]

If you are seeking compensation, you have to do it under French law, so why are you knocking  it...?  

If it only works in favour of the French, then why are you bothering to spend your money pursuing this?

[8-)]

 

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Because we live in France and someone has to start somewhere. This system here will not change until people challenge it and enforce change.

We are pursuing this because this old codger is a public menace on the local roads. In short, he is a drunk driver. Care to put your kids across the road in his path?...

 

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Jura, whilst we may have sympathy with your case, and I really do, you cannot prove that at the time the driver of the tractor was drunk.  Unless you get the people in the bar to come to Court - and assuming that they were French and live near the tractor driver and his family, I think it's highly unlikely they'll give evidence against him, especially the bar owner who may be liable if he was serving him whilst the driver was already 'drunk'.

And of course, one reason why he left the scene may have been to avoid the breath test but you'll never prove that in a month of Sun days - trust me, many people here who are ex-police will sympathise but will know that it's impossible to prove this far after the accident occured.

And as for enforcing change in the French legal system, good luck, when a person charged with 12 counts of involuntary homicide can theoretically avoid justice just by sitting back and making unfounded allegations about his car and thereby delay the process for years, and he was 'caught in the act by the gendarmes' charged immediately afterwards etc etc, your campaign will get you nowhere, except older, wiser and with dwindling funds.

The bottom line here is surely what can you prove?  It would be your OH's word against the tractor driver and if he denies everything, how can you or will you prove it.  Your child is likely to be considered both biased and likely unreliable and your OH would just be in a 'he did, no I didn't' argument in Court.  If the G men or Police wont take action, taking out a private case or civil case against the guy is going to be a long and very expensive process and given his age, he may not even see the end of it - great for you to be accused through the gossip mill of hastening his demise because of the stress you've put him under.

I do have sympathy but I think you really need to consider whether this is just a very bad experience and something that you have to live with - though injured your OH and child didn't die and whilst that is obviously traumatic, if you keep on about this case, I think you'll find it difficult to move on.

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[quote user="Jura"]

We are pursuing this because this old codger is a public menace on the local roads. In short, he is a drunk driver. Care to put your kids across the road in his path?...

[/quote]

Well your husband put your son in his path when he overtook the tractor (at a high enough speed to roll over several times) executing a left turn, who was the more dangerous?

Sober tractor drivers turn left into fields as well.

Would you perhaps have been more sympathetic to "the old codger" if he wasnt elderly,deaf and dare I say it French?

We will all be elderly one day, probably with diminished eyesight and hearing as well.

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Jura you are not going to win, and like me you have to come to terms with what has happened and move on. There is stuff all around me that belonged to Erik, its his birthday in 13 days time (24 Feb) and he was killed on 1st March. We cant bring him back, but we did hope for some justice or something, all we got was confirmation that Mr L.. did not give a jot.

 

As for Mr L.. saying Eriks headlights were not working, this is not true. I was with Erik all day and he had just popped out to pick up a friend. His car was in fine working order, he had not been drinking and we were all looking forward to an evening of music making.

 

Jane

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I don't know if losing his licence (assuming he has one) after a conviction for drink driving would make one iota of difference to a tractor driver. We have loads of serious alcoholics in our immediate area who go around on scooters and microcars for which no licence is needed. According to our farmer neighbour - not the most reliable source of information but at least he is sober - tractors too escape the niceties of driving licences etc.

I don't know if it is still the case, but even with a driving ban, under French law you used to still be able to drive if it was essential to your work - i.e. driving in the course of your work, as well as getting to and from your workplace.

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J.R...your remarks are up the left.

My husband was never executing a left turn. The drunken driver of the tractor was...it would have helped if he had indicated such before he actually did it! The old codger tractor driver was drunk. Plain and simple. He even ADMITTED he did not indicate, or look behind him. He simply felt the need 'to turn' all of a sudden.

Anyone, deaf, and half blind, should not be driving any vehicle anywhere. Lets just hope that the EU will legislate for this someday too. Being 'French' has little bearing except when you are NOT French and attempting to fight a case using French 'law' against a French citizen.

I would only have been sympathetic if he was willing to compensate us at the start for the extensive bloody damage he caused to us. Diminished eyesight and hearing all included. Plus the alcohol in his blood at the time.

You are obviously a Nu-Labor voter; taking into consideration your siding with the criminal here.

And we most certainly will win this. The end is already in sight, and in our favour.

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Jura

Perhaps my failing English was unclear, I meant that your husband was overtaking the tractor that was executing the left turn, which would of course have had the priority à droite.

As has been mentioned before care must always be taken when overtaking slow moving agricultural vehicles that are not required to have mirrors or indicators, at some stage a working tractor will turn (left or right) into either a field or a farm.

Your husbands speed must have been way in excess of that required to safely undertake the manoeuvre (given the risk that the tractor could turn left into the field) to have rolled over several times as you previously stated, hence my posting.

Yes I did vote Blair in the first time but have had plenty of time to reflect on it!

I have also been half blind for the last 6 months and have more empathy now for older people, thankfully the law here or in the UK does not share your extreme views regarding deaf or half blind drivers.

When you get old (which no-one can avoid) you will probably be partially sighted or hard of hearing or both, you will certainly be even more dependant on your own transport than todays pensioners, maybe just maybe your outlook will change.

Sorry if this seems like Jura bashing, I actually usually agree with and/or understand  most of your viewpoints posted on this forum and think that you have been given a rough ride sometimes.

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