Cycling deaths: Fewer than half of drivers face jail

[glasgowcyclist]

From the BBC:

"The figures show that in the last seven years 148 people were charged with killing a cyclist.
Of those found guilty, 44% went to prison.

The average jail sentence was less than two years, while the average length of driving ban was 22 months. For 26% of drivers, no ban was imposed.

The average overall figure in England and Wales for those imprisoned for causing a death on the road, including pedestrians and other drivers, is about 60%."​

The figures aren't terribly surprising, we frequently read of weak sentencing and victim-blaming when cyclists are killed. I don't think we need further legislation, it would be progress if we could persuade the courts to apply stiffer penalties, and that's assuming we get beyond juries who are influenced by thoughts of '..there but for the grace of God...'.

But the biggest problem we have is overcoming the type of thick-headed attitude displayed in this example in the report:

"A 26-year-old who is being taken to court for knocking down a cyclist and who cannot be named for legal reasons, said it was wrong to penalise those who kill or injure a cyclist in what could be seen as unfortunate accidents.
"I don't think it's fair because I wasn't driving dangerously, I wasn't driving erratically," he said. "I just failed to see someone who was on the road."
​

I really hope he takes the stand and puts forward that defence.


GC

 

[glenn forger]

I wasn't driving dangerously, I wasn't driving erratically," he said. "I just failed to see someone who was on the road.

 

[ufkacbln]

Before anyone say anything..... I do realise that this is a cycling forum!!!!!!!!!!!


I always wonder whether this is the right way forward..

Cyclists are importantto cyclists and not particularly important to the average man in the street.

If we were to start talking about "vulnerable road users" and including pedestrians asn moped riders (for nstance) then we widen the group of victims, and also make the problem one that they can identify with.

 

[classic33]

How many pedestrians actually walk along the road. Those that do are often seen as bringing the problem on themselves should they be hit by a car.
Along with the Hi-Vis & lights being rolled out as well.

Whats needed is for those with the power to impose sanctions realise that the majority of highways are shared usage.

 

[400bhp]

Not enough information to make a reasonable assumption that cyclists are treated unfairly by the courts.

 

[ufkacbln]

How many pedestrians actually walk along the road. Those that do are often seen as bringing the problem on themselves should they be hit by a car.
Along with the Hi-Vis & lights being rolled out as well.

Whats needed is for those with the power to impose sanctions realise that the majority of highways are shared usage.

Which is really my point, the "experience" and "victim blaming" are common to several groups

 

[classic33]

Not enough information to make a reasonable assumption that cyclists are treated unfairly by the courts.

If the other party had pleaded guilty to one charge and that charge was later reduced to a lesser by the court. Would that count?

 

[400bhp]

Sorry, don't see the point?

 

[classic33]

Sorry, don't see the point?

Pleaded guilty to dangerous driving, but his guilty pleas was reduced to careless driving. By the prosecution, at a crown court.

 

[400bhp]

You talking about an individual case or access to data on all cases where this level of data is available?

 

[BrynCP]

I was listening to a section on Radio 1 on the way home about this story. Seems the BBC were reading out the same old comments from listeners, none of them actually referring to the actual story RE finding guilty/jail:

• "I've never come across a cyclist who thought a red light applied to them" (I find it around 80/20)
• "Cyclists wear all black and expect to be seen" (I actually wear all black, and yes I do expect to be seen)
• "Cyclists weave in and out of traffic" (They're allowed)
• "Cyclists don't let you overtake" (They don't have to)

 

[deptfordmarmoset]

There just was a piece on BBC News with a solicitor from Levenes, CTC's legal representative. He was rather good.

 

[summerdays]

I'm just sitting down to watch it.

 

[glenn forger]

The CPS decide that not looking ahead of you for fifteen seconds is just Careless. Plea bargaining.

 

[Markymark]

Before anyone say anything..... I do realise that this is a cycling forum!!!!!!!!!!!


I always wonder whether this is the right way forward..

Cyclists are importantto cyclists and not particularly important to the average man in the street.

If we were to start talking about "vulnerable road users" and including pedestrians asn moped riders (for nstance) then we widen the group of victims, and also make the problem one that they can identify with.

To be fair it's not just vulnerable road users. People in cars are often killed by other drivers and have the same lack of justice.