"No compensation was ordered as the bench said insurers would sort that out."

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Prosecutor Lyndsey Baker said the four cyclists were riding in single file at 25mph when Atkinson roared up behind them and tried to overtake on a blind bend.


A car was coming the other way at 20mph and Atkinson veered into the cyclists and they ended up in a hedge and 'a jumble on the floor', she said.

Atkinson, of Bridford, Devon, showed no remorse and in a police interview he tried to blame the riders for being four abreast which had forced him to the other side of the road.

One of the cyclists described his punishment as 'a slap on the wrist' and no compensation was ordered as the bench said insurers would sort that out.

Hair salon boss Rob Peirce from Torquay, Devon, shot the headcam reaction of Atkinson following the incident.

Mr Peirce, 48, said:"We were riding single file along that road which is one of the few flat roads we can use. We ride 200 miles a week and we are experienced riders.

"One of the injured riders was a stranger who suffered a head injury. An ambulance was called for him.

"My friend Jason Acreman was also hurt. He hasn't been cycling since because of the emotional effect it has had on him.

"Atkinson's driving was the most aggressive extreme driving we have ever encountered.

"In my opinion he is going to kill or seriously injure someone. His attitude was outrageous.

"I am not surprised he has received a slap on the wrist. But he should have been banned – you get a stiffer penalty if you break the speed limit on the motorway than nearly killing two people on their bikes."

http://www.northdevonjournal.co.uk/...clists-court/story-28732644-detail/story.html
 

midlife

Guru
Terrible case but I'm not sure the Court awards damages in these circumstances, here's an excerpt from the Courts website.....

What is excluded?

Compensation is not payable to the dependents of a victim who has died save for the cost of funeral expenses and provided that the death did not result from a road accident involving a motor vehicle. Neither is compensation payable for injury, loss, damage due to an accident arising out of the presence of a motor vehicle on a road.

Shaun
 

Accy cyclist

Legendary Member
I didn't get awarded any compensation awarded by the court after being knocked off my bike last year. Nothing for the damaged bike, glasses helmet and off course my injuries! The driver in the report is a right arrogant #~@t!! I hope someone teaches him a lesson one day.:boxing:
 

Tom B

Guru
Location
Lancashire
I didn't get awarded any compensation awarded by the court after being knocked off my bike last year. Nothing for the damaged bike, glasses helmet and off course my injuries! The driver in the report is a right arrogant #~@t!! I hope someone teaches him a lesson one day.:boxing:

Did you expressly ask? Approach a third party loss recovery company or local solicitor or if you feel confident make a civil claim to his insurers through the small claims court for your losses. If he was found guilty in a criminal court you will be virtually guaranteed to win as long as you are sensible with what you claim.

I have been paid out for damage to bike, and clothing following a collision with a car - I didn't bother claiming injury compensation for my scabby elbow given that it didn't put me out.

In someways I agree with the comment by the judge the insurance WILL sort it out without quibble.
 

Arjimlad

Tights of Cydonia
Location
South Glos
It's a useless slap on the wrist although 8 points may give his insurers a hint about his driving, as well as the compensation claim for injuries which is far better assessed and handled via civil litigation and a claim paid for by the insurers, than by a magistrates' court.
 

sidevalve

Über Member
Maybe I'm wrong here but that IS what insurance is for [and there are LOTS of 'ambulance chasing' solicitors who would love to take the case] - why should compo be paid by anyone else ?
All the other huff and puff about the case is irrelevant to the OP.
 

benb

Evidence based cyclist
Location
Epsom
Why on earth was he only charged with careless driving?
He deliberately ran over and injured those cyclists. 8 points? Should have been banned.
 

fossyant

Ride It Like You Stole It!
Location
South Manchester
It's the general attitude of the legal and policing system towards cyclists. Unless there is some miracle, a driver get's away with it. The only way you can hurt them is through the civil process, but that just costs 'everyone' on the end. There are no consequences for poor driving, only for speeding.
 

Accy cyclist

Legendary Member
Did you expressly ask? Approach a third party loss recovery company or local solicitor or if you feel confident make a civil claim to his insurers through the small claims court for your losses. If he was found guilty in a criminal court you will be virtually guaranteed to win as long as you are sensible with what you claim.

I have been paid out for damage to bike, and clothing following a collision with a car - I didn't bother claiming injury compensation for my scabby elbow given that it didn't put me out.

In someways I agree with the comment by the judge the insurance WILL sort it out without quibble.

I'm waiting for a payout (hopefully nearly settled after 2 previous offers and 10 months of waiting) from his insurers as i got a solicitor onto it asap after being hit. My point was that if i hadn't i would be way out of pocket! It still peeves me though that the compensation won't be coming out of boy racer's pocket, but his insurers who'll just bump up someone else's premiums to get their money back.
 

swee'pea99

Legendary Member
"He was aggressively revving his engine and beeping his horn and overtook us on a blind corner and took two of the cyclists out. James is a keen cyclist but has not been out since which is a real shame. One of them was impaled on a hedge fence and the other was left lying in a gutter. The driver did not show a jot of concern."

"Two of the cyclists were injured in the incident in the Teign Valley in Devon one Sunday last July which led to 40 year old councillor James Atkinson admitting careless driving"


"careless"?
 

martinclive

Über Member
Location
Fens, Cambridge
I always love the 'forced onto the other side of the road' bit

Presumably this also happens every time a car approaches a slower car in front............................no didn't think so - it is just pure arrogance and disregard for fellow road users and worse is the disregard for their safely
 

ALSOSPLAT

New Member
Location
Malvern
Part One: A Devon parish councillor, who forced cyclists into a hedge before flipping them the middle finger, has been fined £140 and issued with eight penalty points on his license [sic]. - See more at: http://road.cc/content/news/178953-...-ran-cyclists-road-fined#sthash.vK8NToDr.dpuf

Part Two: After learning of this via Twitter, courtesy of @Doctor_Hutch retweeting @MartinPorter6, I emailed Bradford Parish Council on Monday seeking assurance '...that action will be taken in light of Councillor Atkinson's flagrant breaches of Teignbridge Council's Code of Conduct and his recent prosecution?'. Got a polite reply from the Clerk to the Council first explaining they didn't condone etc but Atkinson's action was not while on Council business. Seems he's learned the error of his ways as tonight I got a second one letting me know that Atkinson had resigned from the Council. Doesn't mean he'll behave any better in the future but just maybe... :okay:
 
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