NSW Upgrade Traffic Incident to Attempted Murder?

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Jermy

Well-Known Member
30 March 2015
74
5
224
Hello All,

I was riding my scooter and then a bus finished picking up passengers and turned right. I am sure he did not see me as he was concentrating on the bus in front of him, so as not to hit him. He turned right and did not give me way, and it was a near miss collusion near the front of the bus. I emergency braked and lost my balance and fell down.

The bus continued driving and did not stop. I stood up, picked up my scooter and followed him to the next bus stop. I parked in front of the bus and asked him to open the doors, which he refused to open them until I started banging harder and harder on the door, until he finally opened them. I went in and start asking him loudly why he did not give way and that he nearly killed me.

Long story short, I was angry but did not use any bad language or even hit the driver. All I did was shout as stated above and then I asked for his ID. He pointed to the bus number which is written, so I took a picture of the bus number and the transit ID which is displayed. Then I left the bus and went to police station to report it.

I was informed that as there is no damage or casualties and the police will not interfere and it is a matter for Transport NSW, which I did. I reported to Transport NSW. I asked what will happen to the bus driver and they said they will deal with it internally and will not disclose to me what action taken.

I am very angry as this guy nearly killed me.

I would like to know if I can upgrade or change from a traffic incident to attempted murder for the following reasons:

He did not stop: same basis as if a car is driving and someone crossed the road from an area which is not a crossing, so a driver can not just run him down because that person did not cross at a traffic lights....

Also, as he did not stop, he did not prevent the traffic from stopping. If he stopped, the traffic would have stopped, but because he did not stop, the traffic kept going on which caused risk on my life as a possibility of being run down by coming vehicles.

The other reason is fleeing the incident location - he should have stayed to see what happens and not just drive off without caring. He did see that I fell down. I knew that when I was talking to him on the bus and he mentioned there is give way sign on the back of the bus.

For the reasons I stated above, can i upgrade from incident to attempted murder?

I thank you all for your comments.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
It would be very difficult for you to establish the elements for murder. The element of intent being the hardest to prove. Even though the bus driver said to you in your conversation with him that he may have intended to cut you off, it would be a case of your word against his and this still isn't intent to kill. Just be mindful that you blocked his bus and bashed on the doors.

With the recent national news of a bus driver being killed in Brisbane, he may have been in fear of assault himself and that confrontation is most likely recorded. I know you must be very upset and rightly so but if you take the issue to court there will be two versions of the incident expressed and you may not get the outcome you desire.

It's probably important to note that when you reported the incident to the NSW Police didn't feel a crime had been committed.
 

Jermy

Well-Known Member
30 March 2015
74
5
224
Hi, thanks for your comment, I may have gone overboard with attempted murder, but I would like to know what legal action can I take. Transport stated they will deal with it internally and will not disclose it to me or any third party, so they may have a chat with him and he's back on the road again.

I would like to know if there is any legal action I can take based on the following:

1- He fled and did not stop. No matter who is right or wrong, he should have stopped. As I stated in my example of someone crossing the road not in the designated area, if that person was run down, the driver will not be let off due to that reason.

2- He did not stop as I mentioned. Also, if he stopped, that would stop all the traffic, by driving off he allowed the traffic to keep moving,

3- He refused to open the doors, while I did not give him any reason to think I am a threat. I asked him to open the doors, I may have said in a loud voice, as I was still wearing the helmet and the door was closed and there are traffic. I gave the motion by my hands to open the doors, so I don't think there was any confusion about this.

After asking him nearly 3 or 4 times and he refused to open the door, I started hitting on the door, starting from knocking to harder hits until he opened them.

4- Once I was in the bus and took off the helmet, I shouted but did not use any bad language or came near him. I asked him for the ID and when he pointed to it, I took pictures and left the bus.

So it may not be attempted murder but I am sure I should have some legal action. I would like to know what it is.

I appreciate any comments.

I am thinking sitting down with a lawyer too.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Jermy,

You could very well look at pursuing him for hit and run, but there are a lot of questions and without witnesses, it could be your word against his. Also be aware that even without bad language, bashing on the bus door and shouting could be see as threatening behaviour.
 

Jermy

Well-Known Member
30 March 2015
74
5
224
Hello all,

I went through the system and they advised to lodge a claim through their insurance company which they have rejected. The only option now is to go through court.

I would like to know which is the best solicitor or lawyer for these type of issues? Where can I find one that can assist?

I obtained a quote and it came more than $1,500 for fixing my scooter.

Any info/comments on whether it is worth it to go through court? How much will it cost? Are there solicitors/lawyers on this site that can assist (in Sydney, NSW)?

Thanks a lot.
 

Jermy

Well-Known Member
30 March 2015
74
5
224
Hello,

I called several law firms and most don't deal with property damage. I am still trying. Most deal with cases if someone is hurt.

I would like to talk to a solicitor whose first session is free. I want to know if I have a case and whether it is worth going after. I do feel that the result was unjust, but the answers I got was from their insurance company.

If anyone knows of a solicitor please provide me with the contact info.

Thank you all.