Cyclist escapes prosecution after fatal collision with pensioner

[PK99]

Why do some people hate cyclists?
Well just perhaps in some cases it is justified.

https://www.telegraph.co.uk/news/20...-prosecution-after-fatal-collision-with-pens/

Cyclist escapes prosecution after fatal collision with pensioner​

Police say speed limits only apply to ‘mechanically propelled vehicles’ and not bicycles

A speeding cyclist involved in a fatal collision with a pensioner could not be prosecuted because speed limits do not apply to bicycles, a court heard.

Brian Fitzgerald, a director at Credit Suisse, was in a “fast group” of cyclists doing timed laps of Regent’s Park in London when Hilda Griffiths, 81, crossed the road they were on to try to reach a pedestrian island.

Despite a 20mph speed limit, Mr Fitzgerald, a member of the Muswell Hill Peloton cycling club, told a coroner they were travelling at up to 29 mph in aerodynamic “pace line” formation to maximise momentum when he struck the retired nursery teacher walking her dog.
....
She suffered multiple fractures, vomited blood in the ambulance, and had severe “bleeding on the brain”. Because it took her 59 days to die from head injury “complications”, she will not appear on official data as a pedestrian killed on a road following a collision with a cyclist.
...
Mr Fitzgerald said the spot Mrs Griffiths was crossing was on a slight downhill stretch so the pace had quickened.

Asked if the 20 mph limit “applied to all”, he said: “I believe legally the speed limit doesn’t apply to cyclists [the same] as motorists.”
...
Just days before Hilda Griffiths suffered fatal injuries in a collision with a speeding cyclist in Regent’s Park, the 81-year-old was uncharacteristically forthright about the perils she faced on her early morning dog walk.

“Those bloody cyclists are getting worse, you know,” she told her son, explaining how the famous London park owned by the Crown Estate had become a race track for middle-aged and invariably middle-class men dressed in Lycra recording, sharing and comparing their best lap times.

For 50 years, the retired nursery nurse had taken her dogs for walks there, ensuring that despite her advancing years, she remained fit and healthy.

Her son, Gerard, 52, now feels her words were almost prophetic.

 

[Brandane]

Why do some people hate cyclists?
Well just perhaps in some cases it is justified.

An unfortunate incident, but.....
It would appear that the victim walked out into the road without much warning. This fact is corroborated by an independent witness (the jogger who stated it was not the cyclist's fault). She was hit by the 3rd of the 4 cyclists in the group, which again tends to point towards her walking out in front of the 3rd cyclist, otherwise the front rider would have hit her?

Of course the cyclist haters will jump on this incident to justify their views, despite the fact that on average, more than 1 pedestrian dies on UK roads EVERY DAY, the vast majority being killed by motor vehicles. Stats link.

As for the Police saying that speed limits do not apply to cyclists; it's not the Police who say that, it's the law that says it. The Police cannot enforce laws that do not exist. Which is what they were trying to say, I think.

 

[albion]

It would have been manslaughter but for the pensioners own, for unknown reason, actions.

 

[Cycleops]

So what you're saying @albion is it was never going to be manslaughter as she stepped out onto the road?

 

[toffee]

Should the cyclist not anticipated the fact the people could walk out in front of them.
Because that is often stated motorists should do.

 

[classic33]

Should the cyclist not anticipated the fact the people could walk out in front of them.
Because that is often stated motorists should do.

Aren't pedestrians higher up the hierarchy than cyclists?
Meaning that we have to be watching out for them, the same as drivers are supposed to watch out for cyclists?

The piece reads like he feels entitled to be racing in a public park.

 

[Bristolian]

Whatever the rights and wrongs of what the cyclists were doing an elderly woman is now dead because the cyclists failed to be "considerate to other road users and understand their responsibility for the safety of others" as stated in the first paragraph of Rule H1 in the Highway Code.

As a group, we expect (demand?) motorists give us space and go out of their way to ensure our safety so surely we should do the same for others more vulnerable than ourselves?

 

[berty bassett]

if a cyclist was to enter into a stream of fast traffic without looking and the first and second car managed to miss him/her but the third vehicle hit the cyclist . who would be at fault there ? i thought the laws had changed on the roads that you have to give way to pedestrians ? i guess this doesnt apply as its a park with i am guessing dogs, kids, oaps, joggers and bikes all intermingling . hardly the place to be travelling 50% more than the speed limit for vehicles i would have thought . i am sorry i cant say the cyclist is not partly at fault here , if people want to race or try to beat their own times then try somewhere safe to do it

 

[Mike_P]

Aren't pedestrians higher up the hierarchy than cyclists?
Meaning that we have to be watching out for them, the same as drivers are supposed to watch out for cyclists?

Definitely. I always slow or stop. Quite often the pedestrian waves me on with me giving them a thanks response, or if I have slowed enough I wave them across even if it appears they are waiting for me to pass.

 

[glasgowcyclist]

Is Regent’s Park not a royal park? I’m sure I’ve read reports in the past of cyclists being targeted and fined for exceeding the posted speed limit because the legislation for royal parks is different.

 

[Cycleops]

There is a guide for cyclists using Regents Park. It isn't law, just a guide, here's an extract:

Also says:
Do not exceed groups greater than 6 riders in length: either 6 riders in a single pace line or 12 in a rotating line ...

 

[presta]

I wonder how long it would take motorists to get fed up of cyclists pulling out into the road every time they see a pedestrian on the pavement.

If the first two missed her, the third must have been almost alongside before she stepped out, but if they were travelling at 29mph they would have moved 3.9m in the time it takes to react, even if they were anticipating her stepping out.

I've had exactly this scenario happen to me, except I was doing half that speed, and the pensioner had only his false teeth broken.

 

[markemark]

Cyclists shouldn’t be convicted for made up laws. However in a park full of people, kids and animals the cyclists were cycling far too fast for the conditions. Yes the pedestrian should have looked. But the cyclist are disgraceful for cycling at suck speeds at this location. I’d have no issue of the cyclist being charged with furious cycling or whatever that law is.

 

[SpokeyDokey]

Should the cyclist not anticipated the fact the people could walk out in front of them.
Because that is often stated motorists should do.

The defendant admitted that he knew about the heirarchy of road users and that especially the young and old could step into the 'road' at any time.

He knew the risk and has got off very lightly imo.

 

[Time Waster]

An unfortunate incident, but.....
It would appear that the victim walked out into the road without much warning. This fact is corroborated by an independent witness (the jogger who stated it was not the cyclist's fault). She was hit by the 3rd of the 4 cyclists in the group, which again tends to point towards her walking out in front of the 3rd cyclist, otherwise the front rider would have hit her?

Of course the cyclist haters will jump on this incident to justify their views, despite the fact that on average, more than 1 pedestrian dies on UK roads EVERY DAY, the vast majority being killed by motor vehicles. Stats link.

As for the Police saying that speed limits do not apply to cyclists; it's not the Police who say that, it's the law that says it. The Police cannot enforce laws that do not exist. Which is what they were trying to say, I think.

I believe in another thread an experienced club riders explained communication through a peloton or chaingang. How it was often better for less experienced to sit nearer the front and other things. I wonder how true your bit in bold is?

Pedestrian steps out and shouted warning from the front ripples back. If it was too close to shout a warning it could be so close the reaction is only possible by the front riders. At speed surely there's a distance back down the gang of riders where what they see or hear as a warning isn't in time to avoid a hazard. In this case surely which rider hits is down to reaction time from when they are first aware of a need to react?