cyclist deaths & the law

custardy

mrs_sparrow wrote: »

Depends, she could have ridden off the pavement onto the road and one minute she was not there, then she was. It happens, as it did to us last week.

She also got 6 points - you missed that bit out, so is halfway to losing her license and will have a massive premium on her insurance now.

I didnt miss that part
I quoted the whole story
It could quite easily have been a fatality. I see you are happy to cast doubt on the cyclist though

custardy

mrs_sparrow wrote: »

This one? Sentance seems fair enough to be honest, the woman did not have a huge amount of injuries and cyclists can fall off and have worse (relative did this recently and had to have 50 stitches). The woman will no doubt now sue the driver for the appropriate damages through their car insurance.

Had the cyclist ran into someone and caused the same injuries - would the cyclist have been prosecuted and fined £135?? I doubt it. And this is why people get so het up over the inequalities between the different road users.

PS. I love how they used the emotive word 'smashed into', could the cyclist have come off the path into the road as nearly happened to us last week? We'll never know as it does not say. Had the driver 'smashed into' her I think she would have had more than a gashed leg and broken wrist. Someone 'smashed into' someone I know by pulling out on them when they were on their motorbike and he is now disabled and has limited use of his legs.

ETA: Insurance would have helped her make a personal injury claim and/or be covered in the event of an accident.

oh well if they could fall off and have worse,thats alright then........

mrs_sparrow

Tilt wrote: »

You mean this;

https://forums.moneysavingexpert.com/discussion/4125433

Yes, that was the one.

Know that road well, seeing what those people have written on that thread I would not have stopped in the place she hit him as it is completely pitch black there, but driven to the next slip road that goes up to the roundabout as it is lit. It is not far, 1/2 a mile maybe, but people writing there do not know that road so it would be hard for them to tell. She would not have been able to see what it was without a torch anyway - it really is that dark there.

I've hit a pheasant on that road in daylight and it caused substantial damage to my car as it flew out from the side, I did not stop right away either but took the next junction to check out what it was, turned round and drove back up and round to see a mangled pheasant lying there. Bloody thing!! Ruined my clean NCB record!!

mrs_sparrow

custardy wrote: »

I didnt miss that part
I quoted the whole story
It could quite easily have been a fatality. I see you are happy to cast doubt on the cyclist though

Were you actually there? Did you see the CCTV images for yourself? No, thought not. So anything could have happened. Why not cast doubt on the cyclist, unless you were there you do not know the full story, the woman held her hands up to doing it so that is it, over and done with now. She'll take more care in the future - she was no doubt on her phone/talking to her mate/putting her make up on etc....

If she had caused more injuries then she would have got fined more and possibly lost her license. It was clearly a low impact accident that happened when she was pulling out.

Sometimes it happens and people get punished respectively for that, I've nearly hit a cyclist before as he was in the blind bit of the car window as I pulled forward onto the junction - and the next minute he was in front of me. However, there was a cycle lane there which was partially over the junction but the paint had worn out as it was where the cars pull away from and it had worn away so the outer edge of the cycle lane looked like the junction edge - it's still like it now and I see other drivers do it - but I obviously know it is there - worst designed cycle lane ever to drive into the path of oncoming cars and not keep it highlighted!! It was only after I pulled from the junction I could see the cycle lane, it looked like he had ridden right out in front of my car as I was pulling to the junction. Yep, I even shouting 'Idiot' at him.

I've also driven the wrong way up the road beside a dual carriageway, with a passenger on board, we knew we had to turn right at the bottom and, without road signs, it looked like a slip road and it was when a car came the other way we pulled onto the left. A police car was there and he saw me and said 'does it look like a slip road to you' and I said 'yes, it does as there are no road signs or markings'. I got a producer and a few weeks later on our next trip there were signs up - so I reckon it had happened before and the police were watching to see if it anyone else did it. I wasn't breathalysed, it was Saturday morning and my friend and I were off shopping. Remember that well but it was years ago.

It can happen in a split moment, the same with any accident. She has taken responsibility for it and held her hands up for it. There are always so many 'it COULD have been worse'. It wasn't.

As per my other post - someone killed someone on a bike and did not get charged.

A car drove past me the other day, I COULD have tripped and fallen into the road, it COULD have driven onto the pavement and knocked me over, it COULD...... have been so much worse. But it wasn't so the 'could' in your sentence is completely irrelevant really!!

custardy

Im astounded people see a broken wrist and wounds requiring stitches as minor

mrs_sparrow

You can break your wrist falling over, you can end up with stitches falling over. It's a minor injury. You can get both those things sorted at the MINOR injuries unit. Even the NHS think both as those are minor injuries.

Now, if she had broken her leg and had to have surgery.....

If she had of had insurance, she would not have had to use a 'no win, no fee' lawyer or pay a solicitor for claiming for personal injury. See, insurance for cyclists is a GOOD thing. And think of all those ambulance chasers it would put out of business!!

Sgt_Pepper_2

mrs_sparrow wrote: »

Were you actually there? Did you see the CCTV images for yourself? No, thought not. So anything could have happened. Why not cast doubt on the cyclist, unless you were there you do not know the full story, the woman held her hands up to doing it so that is it, over and done with now. She'll take more care in the future - she was no doubt on her phone/talking to her mate/putting her make up on etc....

If she had caused more injuries then she would have got fined more and possibly lost her license. It was clearly a low impact accident that happened when she was pulling out.

Sometimes it happens and people get punished respectively for that, I've nearly hit a cyclist before as he was in the blind bit of the car window as I pulled forward onto the junction - and the next minute he was in front of me. However, there was a cycle lane there which was partially over the junction but the paint had worn out as it was where the cars pull away from and it had worn away so the outer edge of the cycle lane looked like the junction edge - it's still like it now and I see other drivers do it - but I obviously know it is there - worst designed cycle lane ever to drive into the path of oncoming cars and not keep it highlighted!! It was only after I pulled from the junction I could see the cycle lane, it looked like he had ridden right out in front of my car as I was pulling to the junction. Yep, I even shouting 'Idiot' at him.

I've also driven the wrong way up the road beside a dual carriageway, with a passenger on board, we knew we had to turn right at the bottom and, without road signs, it looked like a slip road and it was when a car came the other way we pulled onto the left. A police car was there and he saw me and said 'does it look like a slip road to you' and I said 'yes, it does as there are no road signs or markings'. I got a producer and a few weeks later on our next trip there were signs up - so I reckon it had happened before and the police were watching to see if it anyone else did it. I wasn't breathalysed, it was Saturday morning and my friend and I were off shopping. Remember that well but it was years ago.

It can happen in a split moment, the same with any accident. She has taken responsibility for it and held her hands up for it. There are always so many 'it COULD have been worse'. It wasn't.

As per my other post - someone killed someone on a bike and did not get charged.

A car drove past me the other day, I COULD have tripped and fallen into the road, it COULD have driven onto the pavement and knocked me over, it COULD...... have been so much worse. But it wasn't so the 'could' in your sentence is completely irrelevant really!!

Why not cast doubt on the cyclist?

Are you for real?

You obviously don't know how the criminal justice system works and should refrain from such comments until you do.

If there was any doubt about the cyclists actions why plead guilty?

Remind me again are you the non driver who posts on here?

Sgt_Pepper_2

custardy wrote: »

Im astounded people see a broken wrist and wounds requiring stitches as minor

No they are serious for collision recording. But so is a fractured finger.

For most they are neither life threatens or changing.

custardy

mrs_sparrow wrote: »

You can break your wrist falling over, you can end up with stitches falling over. It's a minor injury. You can get both those things sorted at the MINOR injuries unit. Even the NHS think both as those are minor injuries.

Now, if she had broken her leg and had to have surgery.....

If she had of had insurance, she would not have had to use a 'no win, no fee' lawyer or pay a solicitor for claiming for personal injury. See, insurance for cyclists is a GOOD thing. And think of all those ambulance chasers it would put out of business!!

So the cyclist doesnt have insurance?
interesting that you know this
legal requirement doesnt mean folks have insurance,neither does no legal requirement mean they don't

Was there no surgery? I suffered a (minor in your world) dislocation
that required surgery and 8 months on is going to possibly need another op

mrs_sparrow

custardy wrote: »

So the cyclist doesnt have insurance

You asked 'would insurance have helped the cyclist I linked to?'

And I am saying yes, it would have. I have no idea whether she has or not but millions do not have, and in the case you mentioned - yes, insurance would have been useful to sue the driver for damages.