cyclist deaths & the law

custardy

Retrogamer wrote: »

I don't think it's as simple as that, but i'd like to see what defense they used to get away with it. If it was a stationary car they hit, they would have had their insurance claimed as it would clearly be their fault so what's the difference here i wonder.

It happens many times.
look through the thread.
Think the most striking was this one

http://www.newsandstar.co.uk/news/carlisle-death-crash-bus-driver-cleared-of-charges-1.967743

custardy

http://road.cc/content/news/110075-police-take-no-action-against-moped-rider-caught-camera-kicking-out-cyclists

I know of multiple cases in Edinburgh where video evidence isnt acceptable to the Police
So given cyclists are likely to be riding solo. What is there for evidence?

Mark_Mark

It would help if you could view the footage.

custardy

its linked in the article

http://www.youtube.com/watch?v=gAVWKN2pgmw

Mark_Mark

Well I can see why they wouldn't prosecute on that.

custardy

Mark_Mark wrote: »

Well I can see why they wouldn't prosecute on that.

Which part?

Mark_Mark

custardy wrote: »

Which part?

The moped riders response to the cyclist.

custardy

Mark_Mark wrote: »

The moped riders response to the cyclist.

if I kick a car in the same situation.
Is that fine?

Mark_Mark

custardy wrote: »

if I kick a car in the same situation.
Is that fine?

What's the cyclist doing with his left arm before he kicks out?

Looks like a response to him being pushed. Other than the cyclist shouting out a reg there is no evidence of what moped it is. If the rider denied being there then what?

Yet again you fail to understand the basic principles of evidence.

custardy

Mark_Mark wrote: »

What's the cyclist doing with his left arm before he kicks out?

Looks like a response to him being pushed. Other than the cyclist shouting out a reg there is no evidence of what moped it is. If the rider denied being there then what?

Yet again you fail to understand the basic principles of evidence.

And once more you miss the point.
If the law isnt fit to protect cyclists and provide a decent deterrent,then it isnt fit for purpose.
If so many cases result in no or little punishment. Then where's the deterrent?
If you can kill 2 cyclists in your driving lifetime,and its still not worthy of a custodial sentence. Then what is?
People are being killed and being maimed for life,often for the sake of a driver showing a little bit of thought for another persons life.

If you wish to dissect the video,then you can clearly see the cyclists hand go up in a 'what the hell movement'. It doesnt stretch out to the rider.
You will also note the HGV passing just before the moped driver pulls his ridiculous undertake.
That could easily have ended in a fatality without him/her kicking out