Yes they really convicted the driver

Yes they really convicted the driver

Author
Discussion

telecat

Original Poster:

8,528 posts

240 months

Wednesday 27th May 2015
quotequote all
Yep Wail link but like most of the replies I am not sure what the Driver did that wrong. Another case of a cyclist not riding defensively and paying the price.


http://www.dailymail.co.uk/news/article-3098972/Th...

PurpleMoonlight

22,362 posts

156 months

Wednesday 27th May 2015
quotequote all
I don't think I would have pleaded guilty to that.

randlemarcus

13,507 posts

230 months

Wednesday 27th May 2015
quotequote all
Didn't check his mirrors to spot the cyclist hooked up. Seems reasonably clear to me, based on the few facts in the article. Yes, mostly the cyclists fault, but the driver is a professional driver, so needs to be better than Mavis the Micra.

GreatGranny

9,097 posts

225 months

Wednesday 27th May 2015
quotequote all
simon1987 said:
morons all round
Really?

A man has died in a tragic accident and another feels partly responsible which will stay with him for ever.




PurpleMoonlight

22,362 posts

156 months

Wednesday 27th May 2015
quotequote all
randlemarcus said:
Didn't check his mirrors to spot the cyclist hooked up. Seems reasonably clear to me, based on the few facts in the article. Yes, mostly the cyclists fault, but the driver is a professional driver, so needs to be better than Mavis the Micra.
Professional or not, there has to be a limit to which you are responsible for other peoples stupidity though.

Pebbles167

3,417 posts

151 months

Wednesday 27th May 2015
quotequote all
As a railway engineer He should have known better than to try and get through an area of limited clearance.

randlemarcus

13,507 posts

230 months

Wednesday 27th May 2015
quotequote all
PurpleMoonlight said:
randlemarcus said:
Didn't check his mirrors to spot the cyclist hooked up. Seems reasonably clear to me, based on the few facts in the article. Yes, mostly the cyclists fault, but the driver is a professional driver, so needs to be better than Mavis the Micra.
Professional or not, there has to be a limit to which you are responsible for other peoples stupidity though.
And he obviously felt that limit was driving off without checking for a wriggling bloke on the wagon. Other's tolerances may vary. He is obviously not responsible for the bloke getting stuck by walking between two large moving objects, but he felt responsible enough to put his hand up to driving off while the bloke was caught up in his own silly mess. Nasty one, as I suspect guilt over the incident played a part in his admittance.

Mafffew

2,149 posts

110 months

Wednesday 27th May 2015
quotequote all
Why did the cyclist put himself in that position in the first place? Stupid mistake 1. The driver should have checked his mirrors before pulling away. Stupid mistake 2.

Sadly one man is dead, but both parties were at fault.

MrTrilby

934 posts

281 months

Wednesday 27th May 2015
quotequote all
simon1987 said:
morons all round
That seems unnecessarily harsh given the few details reported about the case. How long were the lorries stationary and blocking the road for? A few seconds, or minutes? How long would you wait behind a lorry before deciding that it must be parked so you'll just walk around it?

anonymous-user

53 months

Wednesday 27th May 2015
quotequote all
telecat said:
Yep Wail link but like most of the replies I am not sure what the Driver did that wrong. Another case of a cyclist not riding defensively and paying the price.

http://www.dailymail.co.uk/news/article-3098972/Th...
He evidently drove without due care and attention and presumably took legal advice from someone who knew the strength of the prosecution case.



TooMany2cvs

29,008 posts

125 months

Wednesday 27th May 2015
quotequote all
He pleaded guilty of Causing Death by Careless Driving.

Was he driving carelessly? There's a very strong case to say yes.
Did a death result? Undeniably.

What's the problem?

Was the cyclist also guilty of contributory wuckfittery? Yes. But there's not really a lot of point in putting a puddle of jam on trial, is there?

Hugo a Gogo

23,378 posts

232 months

Wednesday 27th May 2015
quotequote all
was he still a cyclist even though he was on foot?

Retroman

961 posts

132 months

Wednesday 27th May 2015
quotequote all
That's what i was thinking as well.
He had dismounted his bicycle and was walking as a pedestrian when the incident happened.

It's a really unfortunate accident for everyone involved.

telecat

Original Poster:

8,528 posts

240 months

Wednesday 27th May 2015
quotequote all
TooMany2cvs said:
He pleaded guilty of Causing Death by Careless Driving.

Was he driving carelessly? There's a very strong case to say yes.
Did a death result? Undeniably.

What's the problem?

Was the cyclist also guilty of contributory wuckfittery? Yes. But there's not really a lot of point in putting a puddle of jam on trial, is there?
I would say no. And Personally I would feel that the Cyclist greatly contributed to his own death and that should be taken into account.

mph1977

12,467 posts

167 months

Wednesday 27th May 2015
quotequote all
telecat said:
TooMany2cvs said:
He pleaded guilty of Causing Death by Careless Driving.

Was he driving carelessly? There's a very strong case to say yes.
Did a death result? Undeniably.

What's the problem?

Was the cyclist also guilty of contributory wuckfittery? Yes. But there's not really a lot of point in putting a puddle of jam on trial, is there?
I would say no. And Personally I would feel that the Cyclist greatly contributed to his own death and that should be taken into account.
Which is why the charge was causing death by careless , which is the lowest of the low when it comes to unlawful killing charges ... the charge was inveted becasue of scenarios when people 'walked free' from court with a few points and a hundred pound fine for careless driving after causing a death in an RTC ...


PurpleMoonlight

22,362 posts

156 months

Wednesday 27th May 2015
quotequote all
TooMany2cvs said:
He pleaded guilty of Causing Death by Careless Driving.

Was he driving carelessly? There's a very strong case to say yes.
I find that hard to accept.

The lights changed. He drove ahead as the way was clear. As I would bet 99% of us would too.

To expect him to look out for an idiot that had somehow become caught up on the side of his truck when it was stationary is stretching 'careless' for my book.

Still, if that's the case when leaving lights I will henceforth make a specific check to see if anyone is trying to crawl under my car for some reason. Maybe they dropped 2p or something.

MrBarry123

6,025 posts

120 months

Wednesday 27th May 2015
quotequote all
telecat said:
I would say no. And Personally I would feel that the Cyclist greatly contributed to his own death and that should be taken into account.
So maybe it was suicide?

budgie smuggler

5,359 posts

158 months

Wednesday 27th May 2015
quotequote all
PurpleMoonlight said:
I find that hard to accept.

The lights changed. He drove ahead as the way was clear. As I would bet 99% of us would too.

To expect him to look out for an idiot that had somehow become caught up on the side of his truck when it was stationary is stretching 'careless' for my book.

Still, if that's the case when leaving lights I will henceforth make a specific check to see if anyone is trying to crawl under my car for some reason. Maybe they dropped 2p or something.
No traffic lights.

Would you pass a driving test if you didn't check your mirrors/blindspots before moving off? I doubt it.

GreatGranny

9,097 posts

225 months

Wednesday 27th May 2015
quotequote all
The facts to some posters on here are mostly irrelevant.

They see 'cyclist' (even though he was actually walking at the time and hence a pedestrian pushing a bike) and immediately it's the 'cyclists' fault and any empathy disappears..

The 2nd poster typifies this.

PurpleMoonlight

22,362 posts

156 months

Wednesday 27th May 2015
quotequote all
budgie smuggler said:
No traffic lights.

Would you pass a driving test if you didn't check your mirrors/blindspots before moving off? I doubt it.
oh right. Wonder where I got that idea from.

confused