Fair Sentence for killing a cyclist, again.
Fair Sentence for killing a cyclist, again.
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Discussion

KB_S1

Original Poster:

5,967 posts

255 months

Friday 3rd May 2013
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Sentencing in Scotland for driving offences do baffle me at times.
This continues the trend.

I would like to know if the judges statement regarding the cycle helmet was entirely his own judgement or, based on expert evidence on the cause of death.

10 Pence Short

32,880 posts

243 months

Friday 3rd May 2013
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Despite emotive reporting, the driving was 'careless' rather than Dangerous, and I don't believe the sentence was unduly lenient.

Jasandjules

72,168 posts

255 months

Friday 3rd May 2013
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Why wasn't she wearing a helmet?

mdglen

91 posts

188 months

Friday 3rd May 2013
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Jasandjules said:
Why wasn't she wearing a helmet?
Because she didn't have to. There is no legal requirement for cyclist to wear one, and it's slightly worrying that the judge felt it necessary to mention it.

vonhosen

40,597 posts

243 months

Friday 3rd May 2013
quotequote all
mdglen said:
Jasandjules said:
Why wasn't she wearing a helmet?
Because she didn't have to. There is no legal requirement for cyclist to wear one, and it's slightly worrying that the judge felt it necessary to mention it.
It goes beyond what is merely legal though.

davepoth

29,395 posts

225 months

Friday 3rd May 2013
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vonhosen said:
mdglen said:
Jasandjules said:
Why wasn't she wearing a helmet?
Because she didn't have to. There is no legal requirement for cyclist to wear one, and it's slightly worrying that the judge felt it necessary to mention it.
It goes beyond what is merely legal though.
Quite. I don't think we should be worried about judges having the temerity to suggest that perhaps people should make efforts to look after their own safety.

The offence of death by careless driving suggests that the driving error was very minor, but had catastrophic consequences. If she had been wearing a helmet then this may not have resulted in a driving ban.

While any death is very sad, removing any responsibility from cyclists for accidents is a very daft idea IMO.

gazza285

10,967 posts

234 months

Friday 3rd May 2013
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Jasandjules said:
Why wasn't she wearing a helmet?
Personal choice.

Why wasn't he paying attention? That is what killed her.

vonhosen

40,597 posts

243 months

Friday 3rd May 2013
quotequote all
gazza285 said:
Jasandjules said:
Why wasn't she wearing a helmet?
Personal choice.

Why wasn't he paying attention? That is what killed her.
It's not illegal to ride a motorcycle in your speedos, but you are more likely to be seriously injured in a minor off than if you were wearing protective clothing.
If somebody were to knock you off wearing them, they are responsible for their actions but your choices have contributed to the seriousness of the outcome.

sugerbear

6,788 posts

184 months

Friday 3rd May 2013
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Do pedestrians get the same treatment because they don't wear helmets when they cross the road and then have the misfortune of being run down by someone not paying attention.


TheEnd

15,370 posts

214 months

Friday 3rd May 2013
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sugerbear said:
Do pedestrians get the same treatment because they don't wear helmets when they cross the road and then have the misfortune of being run down by someone not paying attention.
Yes, absolutely.

vonhosen

40,597 posts

243 months

Friday 3rd May 2013
quotequote all
sugerbear said:
Do pedestrians get the same treatment because they don't wear helmets when they cross the road and then have the misfortune of being run down by someone not paying attention.
It depends what is considered reasonable (not only legal) precautions for people to take or not. If they were to walk in lane 3 of a dual carriageway A road at night in dark clothing then yes they'd get the same treatment. It's not illegal, but it's also not reasonable.

the_lone_wolf

2,622 posts

212 months

Friday 3rd May 2013
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gazza285 said:
Why wasn't he paying attention? That is what killed her.
I didn't know not paying attention can cause death??

I do know cracking your skull on something solid like a kerb stone can though, so I tend to protect my head with a helmet when I cycle...

gazza285

10,967 posts

234 months

Friday 3rd May 2013
quotequote all
the_lone_wolf said:
gazza285 said:
Why wasn't he paying attention? That is what killed her.
I didn't know not paying attention can cause death??

I do know cracking your skull on something solid like a kerb stone can though, so I tend to protect my head with a helmet when I cycle...
Well you know now the not paying attention can cause death, because that was the drivers excuse for knocking the cyclist off causing her to loose her life.

As for your use of a helmet, that is entirely your personal choice, as it is mine as to whether I wear one or not whilst I cycle. Why the wearing or not of a helmet should influence the decision of the judge about another party's poor driving standard is more worrying.

KB_S1

Original Poster:

5,967 posts

255 months

Friday 3rd May 2013
quotequote all
Jasandjules said:
Why wasn't she wearing a helmet?
I am trying to find out if there is any suggestion from a surgeon that it may have made any difference.
Being thrown high enough into the air to clear a car would possibly mean it wouldn't, but I am no brain surgeon to make that call.

Nigel Worc's

8,121 posts

214 months

Friday 3rd May 2013
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Although nothing about that story is nice at all, it is nice to see someone in authority suggesting cyclists should perhaps look at contributing to their own safety, instead of leaving it to everyone else.

The quote from the cycling morons regarding encouraging cycling is somewhat predictable.

Gargamel

16,231 posts

287 months

Friday 3rd May 2013
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Nigel Worc's said:
Although nothing about that story is nice at all, it is nice to see someone in authority suggesting cyclists should perhaps look at contributing to their own safety, instead of leaving it to everyone else.

The quote from the cycling morons regarding encouraging cycling is somewhat predictable.


I disagree with you, Their is no legal requirement to wear a helmet, cyclists naturally take many efforts to ensure safety, Yes we know that wearing a helmet in some cases would be safer, just like cars would be safer if they only drove at 5 mph and a man walked in front with a red flag.

it is a balance of risk, this chap and this case highlights that accidents do happen, with tragic consequences.

Your post smacks of someone with a bitterness towards cyclists, we are all just trying to used the roads safely.

vonhosen

40,597 posts

243 months

Friday 3rd May 2013
quotequote all
gazza285 said:
the_lone_wolf said:
gazza285 said:
Why wasn't he paying attention? That is what killed her.
I didn't know not paying attention can cause death??

I do know cracking your skull on something solid like a kerb stone can though, so I tend to protect my head with a helmet when I cycle...
Well you know now the not paying attention can cause death, because that was the drivers excuse for knocking the cyclist off causing her to loose her life.

As for your use of a helmet, that is entirely your personal choice, as it is mine as to whether I wear one or not whilst I cycle. Why the wearing or not of a helmet should influence the decision of the judge about another party's poor driving standard is more worrying.
It doesn't alter the opinion as to whether the driving was careless or not (the driving was found to be careless), it is just whether or not wearing a helmet contributes to the severity of the outcome & whether wearing a helmet is a reasonable precautionary measure that you might expect one to take.

gazza285

10,967 posts

234 months

Friday 3rd May 2013
quotequote all
Nigel Worc's said:
Although nothing about that story is nice at all, it is nice to see someone in authority suggesting cyclists should perhaps look at contributing to their own safety, instead of leaving it to everyone else.
Of course! She was probably running red lights, bullying pedestrians and undertaking stationary traffic in a generally aggressive manner, same as every other cyclist.

Most cycling accidents I see usually result in a scratched arse, knees, hands and elbows, it's only when other vehicles are introduced that head injuries become a major problem. That says to me that while the solution is a helmet, the problem is with the vehicle driver, so the wearing or not of helmets is not the issue. Too many crap drivers is the problem, with too little training and no assessment after the test is passed. Nobody in industry is allowed to use machinery without periodic assessment and training, so why is driving exempt?

PHuzzy

2,747 posts

198 months

Friday 3rd May 2013
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gazza285 said:
Of course! She was probably running red lights, bullying pedestrians and undertaking stationary traffic in a generally aggressive manner, same as every other cyclist.

Most cycling accidents I see usually result in a scratched arse, knees, hands and elbows, it's only when other vehicles are introduced that head injuries become a major problem. That says to me that while the solution is a helmet, the problem is with the vehicle driver, so the wearing or not of helmets is not the issue. Too many crap drivers is the problem, with too little training and no assessment after the test is passed. Nobody in industry is allowed to use machinery without periodic assessment and training, so why is driving exempt?
Yet anyone can buy a bicycle, jump on and ride on the road with up to 44T vehicles that travel at up to 70mph and have no training or assessment at all! Just because cyclists are more vulnerable on the roads, they are not exempt from some responsibility.

Terminator X

20,072 posts

230 months

Friday 3rd May 2013
quotequote all
Cycle helmets are pretty flimsy and protect against minor knocks only. Head vs car or head in cycle helmet vs car will end pretty much the same way ...

TX.