56% of drivers convicted of killing cyclists avoid prison

56% of drivers convicted of killing cyclists avoid prison

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SK425

1,034 posts

149 months

Wednesday 23rd July 2014
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heebeegeetee said:
Snowboy said:
Regardless of journalistic reporting of numbers I think it broadly supports the point that it's not always the drivers fault.
Everybody knows that, but that doesn't excuse an enormous bias or swing to one side.
It could do. If it were the case that a higher proportion of cyclist victims in death-by-careless cases were partly responsible for their own demise than were non-cyclist victims, and if contributing actions by the victim can have a mitigating effect on sentences, then a bias (if that's the right word) towards lower sentences when the victim is a cyclist is exactly what you would expect.

I don't know if it is the case that cyclist victims are more likely to be partly responsible. To answer that question, you don't want to ask things like "when cyclist is killed by a car, how often is it the driver's fault and how often is it the cyclist's fault?", you want to ask things like "how does the proportion of cyclists who contribute to their own death compare with the proportion of road users in general who do?".

SK425

1,034 posts

149 months

Wednesday 23rd July 2014
quotequote all
oyster said:
But you're assuming prison is only about preventing re-offending. On that point alone I agree that a mistake that kills someone is most likely enough deterrent to make a mistake again, without prison time.

But there still needs to be consideration for punishment.
What do you mean by that? What is 'punishment' if not prevention of re-offending'?

heebeegeetee

28,728 posts

248 months

Wednesday 23rd July 2014
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tenpenceshort said:
Even using your own figures, in more than a 1/3 of cases the Police didn't consider the motorist entirely at fault, perhaps explaining why drivers are not jailed as often for deaths involving cyclists?

Edited by tenpenceshort on Wednesday 23 July 13:47
To get to your figure of a third, you have to include children.

OTBC

289 posts

122 months

Wednesday 23rd July 2014
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The lorry driver who ran over and inflicted life altering injuries on Times journalist Mary Bowers was giving directions to a colleague on a phone when he hit her (a fact he later lied about to Police and to Mary’s family. On hearing the screams of a passing cyclist he leapt from his cab to see what was the problem, but forgot to apply the handbrake and watched from the roadside as his truck continued to run over Ms Bowers.

A jury of 12 found him not guilty of dangerous driving.


Adrianna Skryzpiec was dragged beneath a truck for 140 metres . The driver never stopped, having never even realized he’d run someone over. His legal team argued it would have been impossible for him to have ever seen Adrianna from within his cab – effectively admitting it was impossible for him to safely share the road – and were able to have his case dismissed.

http://ibikelondon.blogspot.co.uk/2014/07/kill-cyc...

Martin Porter, QC, commenting on the judicial system said; “These laws.. ..are not deterring bad driving and are not keeping bad drivers off the roads to the extent that they should.”

heebeegeetee

28,728 posts

248 months

Wednesday 23rd July 2014
quotequote all
OTBC said:
His legal team argued it would have been impossible for him to have ever seen Adrianna from within his cab – effectively admitting it was impossible for him to safely share the road – and were able to have his case dismissed.
In fairness that's not an issue for the driver nor a case of bad driving.

OTBC

289 posts

122 months

Wednesday 23rd July 2014
quotequote all
It's interesting that HGVs are 5% of traffic, yet are involved in 50% of cycling fatalities. Buses are much safer. So, do cyclists suddenly take more risks around HGVs?

LucreLout

908 posts

118 months

Wednesday 23rd July 2014
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MrTrilby said:
You're simply guessing, and with respect to crashes involving adult cyclists, you're completely wrong.
No he's not. In London the vast majority of cyclists killed are passing a vehicle on the side to which its turning.

If they'd learn that they need to wait behind an indicating vehicle instead of sneaking up the side of it, then there would be very few adult cycle deaths.

LucreLout

908 posts

118 months

Wednesday 23rd July 2014
quotequote all
OTBC said:
It's interesting that HGVs are 5% of traffic, yet are involved in 50% of cycling fatalities. Buses are much safer. So, do cyclists suddenly take more risks around HGVs?
I expect its at least in part due to the bus passengers yelling "Stop! Stop! Stop!" at the driver, due to being positioned alongside the cyclist disappearing under the bus.

If lorries aren't killing more bikers than cyclists, then it suggests the possibility of error on the cyclists part.

tenpenceshort

32,880 posts

217 months

Wednesday 23rd July 2014
quotequote all
heebeegeetee said:
OTBC said:
His legal team argued it would have been impossible for him to have ever seen Adrianna from within his cab – effectively admitting it was impossible for him to safely share the road – and were able to have his case dismissed.
In fairness that's not an issue for the driver nor a case of bad driving.
Oh crap! Heebee's worst nightmare! A collision between an HGV and a cyclist- obviously nobody at all can be at fault.

tenpenceshort

32,880 posts

217 months

Wednesday 23rd July 2014
quotequote all
heebeegeetee said:
tenpenceshort said:
Even using your own figures, in more than a 1/3 of cases the Police didn't consider the motorist entirely at fault, perhaps explaining why drivers are not jailed as often for deaths involving cyclists?

Edited by tenpenceshort on Wednesday 23 July 13:47
To get to your figure of a third, you have to include children.
Your point being?

OTBC

289 posts

122 months

Wednesday 23rd July 2014
quotequote all
LucreLout said:
No he's not. In London the vast majority of cyclists killed are passing a vehicle on the side to which its turning.

If they'd learn that they need to wait behind an indicating vehicle instead of sneaking up the side of it, then there would be very few adult cycle deaths.
That is simply not true.

The lorry driver who killed cyclist Catriona Patel was drunk and chatting on a mobile.

The lorry driver who killed Eilidh Cairns had faulty eyesight (the police didn't even bother to discover this until the same driver killed another woman.)

The lorry driver who killed cyclist Brian Dorling turned across his path.

The lorry driver who killed cyclist Svetlana Tereschenko was in an unsafe lorry, failing to indicate and chatting on a mobile. The police decided to charge him with..nothing.

The lorry driver who killed cyclist Deep Lee failed to notice her and smashed into her from behind.

The lorry driver that killed cyclist Andrew McNicoll failed to notice him and side swiped him.

The lorry driver that killed cyclist Daniel Cox was in a truck which did not have the correct mirrors and whose driver had pulled into the ASL on a red light and was indicating in the opposite direction to which he turned.

jimbop1

2,441 posts

204 months

Wednesday 23rd July 2014
quotequote all
LucreLout said:
No he's not. In London the vast majority of cyclists killed are passing a vehicle on the side to which its turning.

If they'd learn that they need to wait behind an indicating vehicle instead of sneaking up the side of it, then there would be very few adult cycle deaths.
You're wasting your time giving helpful advise to cyclists. It seems they can never be in the wrong.

OTBC

289 posts

122 months

Wednesday 23rd July 2014
quotequote all
Posting made-up facts isn't helpful.

heebeegeetee

28,728 posts

248 months

Wednesday 23rd July 2014
quotequote all
tenpenceshort said:
our point being?
Well, fwr we don't seem to see many prosecutions either way when collisions involve children on bikes. Perhaps because with children behaving like children, a great many of the cases don't come to court or don'r result in prosecution of the motorist.

The article referred to cases that had gone to court, I suspect the majority will involve adult cyclists, up to 75% it seems were totally fault free in their demise.

LucreLout

908 posts

118 months

Wednesday 23rd July 2014
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OTBC said:
Posting made-up facts isn't helpful.
Then please stop doing it.

You know full well that most adult cyclists are killed by trucks turning left. Nobody in London is in any doubt about it.

OTBC

289 posts

122 months

Wednesday 23rd July 2014
quotequote all
LucreLout said:
No he's not. In London the vast majority of cyclists killed are passing a vehicle on the side to which its turning.

If they'd learn that they need to wait behind an indicating vehicle instead of sneaking up the side of it, then there would be very few adult cycle deaths.
This is not true. Most rtcs take place at junctions, but the single most common collision is the cyclist hit from behind.

This is also a dishonest claim because it describes a cyclist using a near-side cycle lane as 'sneaking' along. Loaded terminology.


WinstonWolf

72,857 posts

239 months

Wednesday 23rd July 2014
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jimbop1 said:
LucreLout said:
No he's not. In London the vast majority of cyclists killed are passing a vehicle on the side to which its turning.

If they'd learn that they need to wait behind an indicating vehicle instead of sneaking up the side of it, then there would be very few adult cycle deaths.
You're wasting your time giving helpful advise to cyclists. It seems they can never be in the wrong.
I thought you were going to stay out of cycling threads? You just can't keep your snout out, can you...

jimbop1

2,441 posts

204 months

Wednesday 23rd July 2014
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WinstonWolf said:
I thought you were going to stay out of cycling threads? You just can't keep your snout out, can you...
Nice try Winston. All helps your post count.

JQ

5,741 posts

179 months

Wednesday 23rd July 2014
quotequote all
jimbop1 said:
WinstonWolf said:
I thought you were going to stay out of cycling threads? You just can't keep your snout out, can you...
Nice try Winston. All helps your post count.
Short term memory loss?

jimbop1 said:
I don't think I will be getting involved in cycle threads from now on.

jimbop1

2,441 posts

204 months

Wednesday 23rd July 2014
quotequote all
Anyway back on topic...