Cyclist lands on head after being taken out

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Sara_H

Guru
Where can i get a spliff.;)
In the Helmet aisle at decathlon.
 

.stu

Über Member
Location
Worcester
<sarcasm>I'm impressed with the motorcyclist - no need for breathalysers cos he can tell your blood-alcohol level just by smelling.</sarcasm>

I think he should have kept his mouth shut a bit more - "you got away with it" he says to the driver when assessing damage to the car - what a knob. Doesn't seem to care that the driver has written off the lad's bike and could have killed him. Despite the lad admitting to having a drink and a smoke, there is no evidence that it affected his ability to ride his bike safely or contributed to the accident. The fault lays purely with the driver, but as usual they are trying to pass the blame to the victim.
 

MattyKo

Active Member
Not really sure why this has been loaded on to this site. The head cam rider, asks the driver if he is okay, whilst they are on their mobile device (telephone), and immediately, attributes blame to the cyclist suggesting he had not lights on and that alcohol was detectable on their breathe. The head cam shows the presence of lights on the cycle forks, and I cannot reach any conclusions about the alcohol. Immediately, make mention to the police (commonly referred to as the "Law" even though there duties is to only investigate and gather evidence) about drugs and they consider that infringement of the law, and treat the cyclist as the "defendant".

The suggestion the vehicle been a taxi driver offers more to the occurrence of accident rather than the presence of drink and drugs.

Very fortunate that the cyclist was wearing a helmet, and one hopes that the consumption of drink or drugs was not hiding the presence of any significant injury.

The only conclusion that I shall reach is that all motorised vehicle drivers stick together.
 
This was discussed earlier in the thread.
If the cyclist was influenced by drugs, and / or alcohol then this will be used as a defence to mitigate the driving.

Had the vehicle hitting the Taxi been another car or motorcycle and the driver under the influence,, then they would be charged and these factors taken into account as part of the investigation, the cyclist is not exempt.
 

MattyKo

Active Member
The only thing I think I said was that the police upon been notified that any person involved in an accident is under the influence of drugs, they immediately, begin to treat that person as the defendant.

And I think mentioned earlier in the thread that little mitigating circumstances can exist to account for the cyclist not been able to avoid the contact with the motorised vehicle.

I appreciate that the Highways Code, that it is an offence to be charge of any means of transport whilst under the influence of drink or drugs. However, sitting upon a pedal cycle and riding home, is different from sitting upon a motorcycle or behind the steering wheel of a car and doing the same. I also appreciate what you are saying but the fact that this is a commercial road users is not considered a mitigating fact on the cyclists behalf (what I am suggesting is that he is not merely traveling from A to B, he is doing so for payment and wishing to travel back to A to get another journey to B).

As with the two cyclists death on the A30 or numerous deaths in London, were trucks are involved, not only a contact with a truck against cyclist have only one probable outcome. But limiting these vehicle to a top end speed, maybe by means of unintended consequences, mean these drivers drive them to the max in areas below the speed restrictor limit. I am only making comment here, because I know little about technicalities of the subject to think I can reach a conclusion.
 
They are treated as "a" defendant, (not necessarily as "the" defendant) because they are guilty of a crime and therefore the role is appropriate.

If a driver was allowed to leave the scene after being found unfit through drugs or alcohol there would be an outcry, so why allow a cyclist to do so.

As for the "difference" it is a red herring... where does it become an issue. A moped is only slighly heavier than a bike, and at the same speed, so do we exempt them?

Does a Smart car driver under the influence need to be dealt with differently than someone in a family car, a hatchback, or a heavy executive car?

Under the influence affects your responses and is an offence - if you commit that offence then expect the consequences - simples
 

MattyKo

Active Member
I agree that cyclists can and do, cause the injury and deaths of others, but pedestrians (2012 two pedestrian deaths were attributes to cyclists as a road user group). Motorised vehicle users may make a manoeuvre to avoid a cyclist and cause injury or death. However, in all probable likelihood cyclists are the lessor evils on the road.

Been under the influence of drink and or drugs obvious effects out response times. However, in the circumstances in question I think it clearly shows that these are not factors in the incident / accident. My contention is that immediately, upon the police been make aware of these factors the victim / claimant shall probably been quickly considered the defendant. The reason been that the police often conclude that a willingness to violate one crime, namely drug use, suggests willingness to violate other crimes. I think we falsely reach the conclusion that drug consumption should be measured as having the same effect as alcohol. However, millions of journeys are taken by people on prescription drugs. Despite the moped rider deciding to wear a head cam, obvious to ensure that evidence is gathered should they themselves be involved in an accident, he immediately comes to the defence of the car driver.
 

vernon

Harder than Ronnie Pickering
Location
Meanwood, Leeds
I agree that cyclists can and do, cause the injury and deaths of others, but pedestrians (2012 two pedestrian deaths were attributes to cyclists as a road user group). Motorised vehicle users may make a manoeuvre to avoid a cyclist and cause injury or death. However, in all probable likelihood cyclists are the lessor evils on the road.

Been under the influence of drink and or drugs obvious effects out response times. However, in the circumstances in question I think it clearly shows that these are not factors in the incident / accident. My contention is that immediately, upon the police been make aware of these factors the victim / claimant shall probably been quickly considered the defendant. The reason been that the police often conclude that a willingness to violate one crime, namely drug use, suggests willingness to violate other crimes. I think we falsely reach the conclusion that drug consumption should be measured as having the same effect as alcohol. However, millions of journeys are taken by people on prescription drugs. Despite the moped rider deciding to wear a head cam, obvious to ensure that evidence is gathered should they themselves be involved in an accident, he immediately comes to the defence of the car driver.

Is violating a crime the same as not committing an offence? Two wrongs making a right so to speak.
 
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