Driver who killed cyclist escapes jail

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GrumpyGregry

Here for rides.
But I presume you then wouldn't just tootle along at 50mph totally blinded! This wasn't something that just happened. He had enough time to realise he couldn't see brakelights and that moving his visor didn't achieve anything. I was negligence pure and simple.
You presume correctly.
 

GrumpyGregry

Here for rides.
[QUOTE 1783433, member: 45"]Here's the lob at the hornet's nest.....

Can you imagine having to live with the fact that you've killed someone? I couldn't think of a worse punishment.[/quote]
Individuals will each respond to such a tragic situation differently. Not all will be filled with remorse. (No, not even really really deep down)
 

benb

Evidence based cyclist
Location
Epsom
OK, I might possibly be persuaded that a custodial sentence doesn't serve the public interest in this specific case. But a 1 year ban? IMO if you kill someone when behind the wheel you should never be allowed to drive again.

Imagine if there was a tragic hunting accident, and someone shot and killed someone with their (legally held) shotgun. Do you think they'd ever be allowed a gun licence again?
 

Archie_tect

De Skieven Architek... aka Penfold + Horace
Location
Northumberland
On the blinding effect of the sun I can state a case in the NE where I have been unable to see clearly enough to be comfortable driving: approaching the brow of the hill on the 3 lane section of the southbound A1 up the Bowes incline. There, cars travel at speeds way above 70mph in the fast lane to beat slower traffic, meanwhile cars and lorries swap lanes on the inner and middles lanes as lorries struggle with the gradient. So, 3 lanes of traffic at varying speeds, pulling out on one another. Picture the rush-hour when at any time the 3 lanes can come to a sudden stop for no apparent reason.

It's the middle of winter, the road is wet and still slippery from the night's frost, it's between 8.30 and 9.30am travelling SE up the hill... it's a unique set of conditions with bright sun shining just above, and parallel to, the road surface with the sun reflecting equally off the road surface.. you can't see outlines or the shadows of the vehicles in front due to the glare.
The sun has just risen above the horizon causing temporary blindness regardless of where you put your visor, even wearing sunglasses the glare is awful. Made worse by those idiot drivers, who have set out without windscreen wash, whose salted windscreens flare even more in the glare- but they carry on expecting the traffic to keep flowing. You can't be sure the cars ahead are still moving so you slow down to a snail's pace to be able to stop in the short distance you can still see, but you are scared [really scared] of being shunted by faster, more ignorant drivers behind you... what do you do?

I avoid the A1 at this time of day in late November/early March in strong morning sun after rain as it is impossible.

If that flyover is in a similar position to the sun in relation to the gradient on a specific day in similar conditions I can easily believe people genuinely cannot see clearly.

Doesn't excuse the accident though.
 
Yes, if I killed someone, I'd get either Life or a manslaughter charge, not 100 hours unpaid fecking employment!

See this is the type of strawman we don't need in arguments like these.

The guy in question did not set out that morning to kill anyone. He had an RTA in which someone died, got tried in court ans sentence was passed. I really, really don't see any benefit in giving the guy a custodial, imo he did not set out to kill anyone that evening and will have to live this for the rest of his life.
 

Archie_tect

De Skieven Architek... aka Penfold + Horace
Location
Northumberland
See this is the type of strawman we don't need in arguments like these.

The guy in question did not set out that morning to kill anyone. He had an RTA in which someone died, got tried in court ans sentence was passed. I really, really don't see any benefit in giving the guy a custodial, imo he did not set out to kill anyone that evening and will have to live this for the rest of his life.
I would agree with this where remorse and acceptance of guilt is manifest... however where does this sit if someone pleads not guilty?
 
The guy in question did not set out that morning to kill anyone. He had an RTA in which someone died, got tried in court ans sentence was passed. I really, really don't see any benefit in giving the guy a custodial, imo he did not set out to kill anyone that evening and will have to live this for the rest of his life.

Indeed.

In reaching their conlusion the court will have considered all the circumstances leading to the impact. Any fatality on the roads is a tragedy and justice must be seen to be done, whether it has been done here is open to debate.

The courts will examine the defendant's vehicular behaviour prior to the collision ( and after if they failed to stop ). Sadly though, the consequences are not always considered, even a death.
 

Archie_tect

De Skieven Architek... aka Penfold + Horace
Location
Northumberland
Many resultant outcomes following accidents are down to good fortune depending on the resilience and good health of the victim, otherwise there would be far more serious, far reaching blights on many of us. In fact had I not been able to brake to a stop on my bike yesterday the woman who pulled out onto the roundabout could have been charged with any number of things.
 
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