£850 fine for causing brain damage

[Globalti]

It was only a matter of time before this happened. I hope the victim sues the bloke to Hell and back and I hope RLJers will learn from this, they give law abiding cyclists a bad name.

 

[PK99]

It is but not a fraction as pathetic as the fines for motorists injuring or killing cyclists or pedestrians. Going rate seems to be a couple of hundred quid at most plus three points. By that standard the fine looks exceeding harsh.

A Plymouth taxi driver who knocked down and killed a 76-year-old man after driving through a red light, has been jailed for four years.

http://www.bbc.co.uk/news/uk-england-devon-16652480

 

[dawesome]

A Plymouth taxi driver who knocked down and killed a 76-year-old man after driving through a red light, has been jailed for four years.

http://www.bbc.co.uk/news/uk-england-devon-16652480

Recently three cyclists have been killed by drivers who suffered no punishment whatsoever.

A top City lawyer left brain-damaged after being hit by a cyclist who went through a red light told how he continues to feel the “impact” on his life one year on.​

Father-of-two Clive Hyer, a partner at Rosenblatt’s law firm, was knocked unconscious when the bike smashed into him at 26mph as he stepped onto a pedestrian crossing at Holborn Viaduct.
The solicitor, who has represented the British Nuclear Test Veterans Association in its action against the Ministry of Defence, was thrown onto the road and suffered a fractured skull and brain haemorrhage.
Cyclist Andrej Schipka, a German IT manager, was found guilty of careless cycling and fined £850 plus £930 costs and a £15 surcharge for the crash on July 5 last year.
Earlier, in a victim impact statement, Mr Hyer, from Mill Hill, said he now had no memory of the collision but added he was only 40 per cent of the man he was before.​

He told City of London magistrates’ court: “A statement of this kind can only scratch the surface of the problems and difficulties created by one cyclist’s carelessness and recklessness. There is barely a moment of any given day that does not result in my feeling the impact of the damage.”​

http://www.standard.co.uk/news/crim...ged-by-cyclist-who-ran-red-light-7908069.html

 

[downfader]

A Plymouth taxi driver who knocked down and killed a 76-year-old man after driving through a red light, has been jailed for four years.

http://www.bbc.co.uk/news/uk-england-devon-16652480

The killers of Dan Cox, Marie Vesco werent even technically charged. It went to inquiry but no further.

The killers of Elidh Cairns, Cath Ward, Group Ctn Barrett, most recently Elizabeth Brown, Christian and Niggy Townend, and Tim Andrew.... all escaped with either a few £hundred fine, suspended sentence, community service, points on licence or a combination of.

A cultural precedent has been set.

 

[dawesome]

The 3rd July was the first anniversary of the death of Berkshire cyclist Anthony Maynard, who was run over from behind in 2008 by a van driver who claimed in his defence that he didn't see Anthony. Another cyclist was seriously injured in the incident.
Reading Crown Prosecution Service decided not to prosecute the driver, prompting Reading Cycling Club, of which the two cyclists were members, to organise a demonstration outside Reading CPS on the anniversary of the collision.

http://lcc.org.uk/articles/cyclists-demonstrate-against-cps-and-driver-apathy

 

[Miquel In De Rain]

I read it with complete sympathy for the victim and none for the cyclist.
However, in the back of my mind I was thinking "put the cyclist in a car, the lawyer on a bike.... wonder what the judgement would have been?"

The same?

A trivial sentence.

 

[lordloveaduck]

Wasn't to long ago there was a thread here where some chap stated that he chose to hit a pedestrian rather than go round.
It will most likely end up a civil case and i truly hope the solicitor wins.
Laws exist for a reason, and if you choose to break them, you have to deal with the consequences.

 

[HLaB]

A Plymouth taxi driver who knocked down and killed a 76-year-old man after driving through a red light, has been jailed for four years.

http://www.bbc.co.uk/news/uk-england-devon-16652480

Call me a cynic but if the old man had been on a bike the taxi driver probably would have got off with it

 

[Miquel In De Rain]

Call me a cynic but if the old man had been on a bike the taxi driver probably would have got off with it

I don't understand that comment.

Go t it,sorry,had to reread the report.

 

[glasgowcyclist]

It has already been established that in those circumstances the victim, if a cyclist, is contributory negligent...

Has it?


GC

 

[Tynan]

cyclist is a daffodil, end of

going through the lights at a ped crossing at 26mph and hitting a ped you've seen early enough to shout something coherent at?

we'd all be frothing if a car had done that to a bike or ped under like circumstance, heaven knows how the court let the ride off so lightly, that's exactly the same logic that lets wilfully negligent drivers off with small fines

 

[TheDoctor]

The offence the cyclist was charged with carried a maximum sentence of a £1000 fine.
He's gonna be sued into oblivion for damages though...

 

[dellzeqq]

But interestingly should he have reduced compensation for not having worn a helmet? This would seem a situation where a helmet would be most likely to have improved the outcome. It has already been established that in those circumstances the victim, if a cyclist, is contributory negligent so why not a pedestrian?

I don't think it has. The only case to go to the court of appeal was the Burridge one, which went in favour of the cyclist

 

[MrJamie]

My sympathy goes out to the victim and his family, no matter who was actually to blame. I think we all need to slow down in town, whether cycling or driving. I know some cyclists think that riding at the same speed as the cars is the right way, but on the rare occasions I'm in town I slow down on the assumption that various pedestrians, motorists, and other cyclists won't see me because I'm smaller than a car, and that if I do have a collision I don't have airbags or crumple zones, and even if I did, I could still kill or injure someone apart from myself.

Some old data I had on file, guess it's still much the same;

Pedestrian casualties 2001-09

• Killed by cycles: 18
• Seriously injured by cycles: 434
• Killed by cars: 3,495
• Seriously injured by cars: 46,245

Figures apply to Great Britain. Source: Department for Transport

Those cycling figures are worryingly high really. How many miles are covered by cars in the UK compared to bicycles?

Its sometimes too easy to get caught up in trying to ride fast and to start taking chances. It doesnt change anything, but i imagine what that guy did barrelling through pedestrians happens a lot. 26mph through a red light is a bit of a piss take too far though :/

 

[MrHappyCyclist]

But interestingly should he have reduced compensation for not having worn a helmet? This would seem a situation where a helmet would be most likely to have improved the outcome. It has already been established that in those circumstances the victim, if a cyclist, is contributory negligent so why not a pedestrian?

No it hasn't. Martin Porter has done a good analysis of cases in this paper.