Davidc
Guru
- Location
- Somerset UK
Tynan said:
Yes - it's only "causing death by dangerous driving" that's accepted as normal. Go round killing people by any other means and you'll likely be spending a long time in one of HM prisons!
Cyclists family sues for £500,000
- Thread starter magnatom
- Start date
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Yes - it's only "causing death by dangerous driving" that's accepted as normal. Go round killing people by any other means and you'll likely be spending a long time in one of HM prisons!
humptygocart
New Member
Police investigations had found that Mr MacIntyre would have been
visible for a full 16 seconds if he had been cycling at the 30mph
estimated by another witness."
http://tinyurl.com/6qy4fz
http://www.theherald.co.uk/news/news...0.0.Driver_who...
The victim's father said that
"the local procurator-fiscal recommended dangerous driving charges but
that the Crown Office downgraded the charge to careless driving,
despite an appeal from the family.
"The Crown Office view is that this standard of driving falls below
normal standards. We are of the view that this standard of driving
falls far below normal standards and is deserving of a more serious
charge."
He refused to accept that to drive along a road unaware of oncoming
traffic for 16 seconds, to cross in front of oncoming traffic thereby
causing death, amounted only to careless driving. That the Crown
Office did, he said, "was a terrifying indictment on our society"."
The Press and Journal says:-
"There is great deal of difference between a driver who is guilty of a
momentary lapse of concentration and one who drives in a deliberately
reckless manner without regard for the lethal consequences. However,
the results are the same for the families left behind in terms of
their grief and lifelong suffering. They do not grade the drivers’
actions. They do not understand the subtle distinctions in the law
which can have such a great bearing on cases. Many argue that it is
another weakness in the law which discriminates against the victims."
http://www.pressandjournal.co.uk/Art...7542?UserKey=0
Beyond belief.
visible for a full 16 seconds if he had been cycling at the 30mph
estimated by another witness."
http://tinyurl.com/6qy4fz
http://www.theherald.co.uk/news/news...0.0.Driver_who...
The victim's father said that
"the local procurator-fiscal recommended dangerous driving charges but
that the Crown Office downgraded the charge to careless driving,
despite an appeal from the family.
"The Crown Office view is that this standard of driving falls below
normal standards. We are of the view that this standard of driving
falls far below normal standards and is deserving of a more serious
charge."
He refused to accept that to drive along a road unaware of oncoming
traffic for 16 seconds, to cross in front of oncoming traffic thereby
causing death, amounted only to careless driving. That the Crown
Office did, he said, "was a terrifying indictment on our society"."
The Press and Journal says:-
"There is great deal of difference between a driver who is guilty of a
momentary lapse of concentration and one who drives in a deliberately
reckless manner without regard for the lethal consequences. However,
the results are the same for the families left behind in terms of
their grief and lifelong suffering. They do not grade the drivers’
actions. They do not understand the subtle distinctions in the law
which can have such a great bearing on cases. Many argue that it is
another weakness in the law which discriminates against the victims."
http://www.pressandjournal.co.uk/Art...7542?UserKey=0
Beyond belief.
gavintc said:
It's a pity but true, hopefully though the insurance company may try to recover at least part of the cost back from him.
It also means that he will have to attend court again, he will get more column inches in the local rag, and I'll bet he is no longer employed by the Highland council in a driving capacity.
(and I'd hate to see his insurance peremiums, assuming anyone will cover him)
2Loose
Guru
- Location
- Loughborough, Leicestershire.
I can't understand why manslaughter was also not one of the charges?
This bloke got a careless driving charge which was a joke, but Jordan Robertson killed another car driver http://news.bbc.co.uk/1/hi/england/south_yorkshire/8287014.stm and got 32months and a charge of causing death by dangerous driving.
The charges really aren't consistent and make human life seem cheap.
Good luck to the family, even if they win it will never be enough but will at least make up something for their loss and hardship caused by this driver.
This bloke got a careless driving charge which was a joke, but Jordan Robertson killed another car driver http://news.bbc.co.uk/1/hi/england/south_yorkshire/8287014.stm and got 32months and a charge of causing death by dangerous driving.
The charges really aren't consistent and make human life seem cheap.
Good luck to the family, even if they win it will never be enough but will at least make up something for their loss and hardship caused by this driver.
humptygocart
New Member
Killing a cyclist isn't always worth £500:
Cyclists demonstrate against CPS and driver apathy
photo The driver of the lorry that killed a cyclist in Greenwich in May 2009 has never come forward
Around 30 London cyclists, including representatives from LCC, assembled and then handed in a statement of protest (see below) at the Crown Prosecution Service, 50 Ludgate Hill, London, on Friday 3 July 2009.
The protestors were objecting to the lax treatment of motorists who kill vulnerable road users.
Charlie Lloyd, LCC cycling development officer, said at the protest, "It's essential that drivers involved in fatal crashes are made to account for their actions fully in court. Too often families are left with no understanding of how the victim died or why drivers escape prosecution.
"Causing death by careless driving is a new offence which should be used in every case. All road users must be made aware of their duty of care to avoid causing death or injury."
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.
That's it.
No trial, let alone a fine.
Kill a cyclist, say "I didn't see them!" and get away scot free.
Cyclists demonstrate against CPS and driver apathy
photo The driver of the lorry that killed a cyclist in Greenwich in May 2009 has never come forward
Around 30 London cyclists, including representatives from LCC, assembled and then handed in a statement of protest (see below) at the Crown Prosecution Service, 50 Ludgate Hill, London, on Friday 3 July 2009.
The protestors were objecting to the lax treatment of motorists who kill vulnerable road users.
Charlie Lloyd, LCC cycling development officer, said at the protest, "It's essential that drivers involved in fatal crashes are made to account for their actions fully in court. Too often families are left with no understanding of how the victim died or why drivers escape prosecution.
"Causing death by careless driving is a new offence which should be used in every case. All road users must be made aware of their duty of care to avoid causing death or injury."
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.
That's it.
No trial, let alone a fine.
Kill a cyclist, say "I didn't see them!" and get away scot free.
Crankarm
Guru
- Location
- Nr Cambridge
humptygocart said:Killing a cyclist isn't always worth £500:
Cyclists demonstrate against CPS and driver apathy
photo The driver of the lorry that killed a cyclist in Greenwich in May 2009 has never come forward
Around 30 London cyclists, including representatives from LCC, assembled and then handed in a statement of protest (see below) at the Crown Prosecution Service, 50 Ludgate Hill, London, on Friday 3 July 2009.
The protestors were objecting to the lax treatment of motorists who kill vulnerable road users.
Charlie Lloyd, LCC cycling development officer, said at the protest, "It's essential that drivers involved in fatal crashes are made to account for their actions fully in court. Too often families are left with no understanding of how the victim died or why drivers escape prosecution.
"Causing death by careless driving is a new offence which should be used in every case. All road users must be made aware of their duty of care to avoid causing death or injury."
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.
That's it.
No trial, let alone a fine.
Kill a cyclist, say "I didn't see them!" and get away scot free.
Just I thought and I'm sure it has been considered, but couldn't the family of Anthony Maynard bring a private prosecution? I thought this is what the CTC and LCC had funds for where cyclists and their families have no recourse to justice when the State has decided NFA.
downfader
extimus uero philosophus
- Location
- 'ampsheeeer
Hmm I understand the CTC has a charity legal wing where you can donate money for cases as Crankarm suggested..? Perhaps we should all make a donation..?
Origamist
Legendary Member
The widow of a British cycling champion killed in a road accident has spoken of her two-year fight to have an inquiry held into his death.
Jason MacIntyre, described as one of Scotland's finest cyclists, was hit by a van on the A82 near Fort William in the Highlands on 15 January, 2008.
http://news.bbc.co.uk/1/hi/scotland/highlands_and_islands/8499767.stm
Jason MacIntyre, described as one of Scotland's finest cyclists, was hit by a van on the A82 near Fort William in the Highlands on 15 January, 2008.
http://news.bbc.co.uk/1/hi/scotland/highlands_and_islands/8499767.stm
nilling
Über Member
- Location
- Preston, UK
What is a Fatal Accident Inquiry (FAI) and why has one not been conducted so far?
Origamist
Legendary Member
andharwheel
Senior Member
- Location
- Frozen North
I believe that one of the reasons the family are asking for the money is that one of the daughters needs specialist care and Jason took her to Glasgow every week for this.
A truly tragic event.
I remember being in Fort William and seeing the ghost bike; very sad.
A truly tragic event.
I remember being in Fort William and seeing the ghost bike; very sad.
This family has lost a breadwinner with an earning potential of over 1 million pounds in his lifetime - with a relatively modest career - and possibly much more. Agree with Crankarm that the damages sought do seem to be low in the circumstances. However, it would seem that the money is much less important than getting all the facts out in the open and getting answers to the questions that remain unanswered as far as the family is concerned.
The FAI should be able to get the driver onto the stand to explain publicly exactly what was in his mind (if anything) when he turned across a cyclist who was clearly visible to anyone who was looking.
My sympathies to the family. I hope their quest for answers and the publicity generated by the FAI have a beneficial effect on the cycling community.
The FAI should be able to get the driver onto the stand to explain publicly exactly what was in his mind (if anything) when he turned across a cyclist who was clearly visible to anyone who was looking.
My sympathies to the family. I hope their quest for answers and the publicity generated by the FAI have a beneficial effect on the cycling community.
shippers
Senior Member
- Location
- Sunny Wakefield
I don't know what the law is North of the Border, but in England, until recently there was no "causing death by careless driving" offence. If the driving was "Dangerous" then it's akin to manslaughter so we're looking at several years in prison. If the driving was only "careless" then it's just "careless driving".
Shocking, I know. I think they've changed it now.
Shocking, I know. I think they've changed it now.
Origamist
Legendary Member
Sherrif considers decision in Jason MacIntyre Fatal Accident Inquiry
http://road.cc/content/news/15319-jason-macintyre-inquiry-concludes-sherrif-considers-decision
http://road.cc/content/news/15319-jason-macintyre-inquiry-concludes-sherrif-considers-decision
