Car and cycle collision

Nobbie1967

[quote=[Deleted User];74544932]In the few such cases that I've read about, it has been fairly obvious that the driver has done nothing wrong - typically the cyclist had placed himself in a vulnerable position unseen by the driver.



In the example quoted, the cyclist was on an unlit road with no lights or light clothing, and so could not be seen.



If the driver has done nothing wrong, there can be no penalty.[/QUOTE]

With headlights it is quite easy to see dark objects without lights. The cyclist was stupid, but the there was almost certainly a level of blame to be apportioned to the motorist, just not sufficient to prosecute.

AndyMc.....

Nasqueron wrote: »

Although as a road user cyclists have to obey the law and have lights to be on the road at night, the OP stated the cyclist had high viz on not dark clothing - a workman on the motorway will have high viz but no lights and can generally be seen. That should be sufficient to at least see the cyclist when the light hits them even if only to give them time to avoid.

There was a case on the TV ages ago with a guy cycling home from a gig, he was possibly drunk but was cycling in the dark with no lights and dark clothing on a main road and was hit and killed. The woman who hit him left the scene (not really sure why, her windscreen was properly smashed up) but did call the police after she got home and was ultimately not prosecuted as there was no way she could have seen him

They actually said reflective trousers, what did they mean by that, a bit of piping down the back of the leg? Probably not up to the same standard as a motorway workers coat.

custardy

[quote=[Deleted User];74544932]In the few such cases that I've read about, it has been fairly obvious that the driver has done nothing wrong - typically the cyclist had placed himself in a vulnerable position unseen by the driver.



In the example quoted, the cyclist was on an unlit road with no lights or light clothing, and so could not be seen.



If the driver has done nothing wrong, there can be no penalty.[/QUOTE]

Heres one I pull out for just such a situation.

http://road.cc/content/news/60396-coach-driver-cleared-causing-death-cumbrian-cycling-brothers

'Professional driver'
dirty windscreen
aware of conditions (including winter sun)
basically drove over 2 people.

Anyone who drives knows what winter sun and a dirty windscreen does for visibility.

Marvel1

silverwhistle wrote: »

I don't agree with this part of your answer. I've been nearly taken out at the end of my cul-de-sac in broad daylight by a motorist cutting the corner at an excessive speed.

Me too, end of a street near me and end of my street. Stay on your side of the road, simple.

AndyMc.....

custardy wrote: »

Heres one I pull out for just such a situation.

http://road.cc/content/news/60396-coach-driver-cleared-causing-death-cumbrian-cycling-brothers

'Professional driver'
dirty windscreen
aware of conditions (including winter sun)
basically drove over 2 people.

Anyone who drives knows what winter sun and a dirty windscreen does for visibility.

But twelve fine members of society said he was innocent.

custardy

AndyMc..... wrote: »

But twelve fine members of society said he was innocent.

Which IMO demonstrates a core issue.
there but the grace of god it could be me.
Jump on any online article with comments and see the hate/bias and ill informed on cyclists.
Now pick 12 at random and decide the worth of a cyclists life vs a drivers freedom/'right' to drive.

Nasqueron

AndyMc..... wrote: »

They actually said reflective trousers, what did they mean by that, a bit of piping down the back of the leg? Probably not up to the same standard as a motorway workers coat.

Assumption, of course. We might as well assume it was florescent yellow trousers - OP said light reflective trousers remember. A strip of reflective material catches light well if you are driving with due care and attention to see it

almillar

I don't agree with this part of your answer. I've been nearly taken out at the end of my cul-de-sac in broad daylight by a motorist cutting the corner at an excessive speed.

I don't understand - you've said you were in broad daylight, whilst OP was in the dark with no lights - that's a completely different situation, and the driver's fault. Obviously you shouldn't cut the corner if someone's there!

Some people are also saying driver should have seen reflective/hi-vis clothing - if a car is going round a corner, and the lights point straight(ish) forwards, they won't light up hi-vis, or reflect off the reflective material, because the cyclist is off to the side. We're not talking dark-ish, dusk-y grey areas here by the sounds of it, we're talking about a cyclist that was, by law, supposed to have lights on, and didn't. No point in bringing up other examples in this thread.

Me too, end of a street near me and end of my street. Stay on your side of the road, simple.

Can't argue with that!

AndyMc.....

Nasqueron wrote: »

Assumption, of course. We might as well assume it was florescent yellow trousers - OP said light reflective trousers remember. A strip of reflective material catches light well if you are driving with due care and attention to see it

How can it catch the light if you turn right across their path?

AndyMc.....

custardy wrote: »

Which IMO demonstrates a core issue.
there but the grace of god it could be me.
Jump on any online article with comments and see the hate/bias and ill informed on cyclists.
Now pick 12 at random and decide the worth of a cyclists life vs a drivers freedom/'right' to drive.

So what are you saying?

Are the crown court judges corrupt or anth cyclist?