Lorry blind spots; a get out of jail free card?

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theclaud

Openly Marxist
Location
Swansea
As I have said above, this proves that there are mistakes by both parties. I can see the point about the driver having the option of stopping though. No argument there. Doesn't exonerate the cyclist nonetheless.

He didn''t need exonerating - he needed to get around without being killed.
 

theclaud

Openly Marxist
Location
Swansea
So you think that the driver should have been sent down for this without question?
I don't believe I've mentioned sentencing, have I? I consider that the coroner's statements are a disgrace, and that Howson killed the boy by driving negligently. The law, unfortunately, does not take very seriously the responsibility of drivers not to kill people. In these circumstances I don't think the perpetrator should ever drive again - whether it serves any purpose to send her to prison is another question.
 

bpsmith

Veteran
I don't believe I've mentioned sentencing, have I? I consider that the coroner's statements are a disgrace, and that Howson killed the boy by driving negligently. The law, unfortunately, does not take very seriously the responsibility of drivers not to kill people. In these circumstances I don't think the perpetrator should ever drive again - whether it serves any purpose to send her to prison is another question.

If the driver unequivocally broke the law, then they should be punished for it. I take the fact that you agree with her not being locked up, as she wasn't 100% to blame.
 

theclaud

Openly Marxist
Location
Swansea
If the driver unequivocally broke the law, then they should be punished for it. I take the fact that you agree with her not being locked up, as she wasn't 100% to blame.

The responsibility is shared by the driver and (if the blind spot thing is to be credited) those on whose behalf she was driving. I am happy for the law to divvy this responsibility up, but not for it to transfer it to the victim. Not being an enthusiast of the lock-em-up-and-throw-away-the-key school of justice, my sentencing preferences tend towards the non-custodial. I'm sorry if that doesn't answer your question. Actually, I'm not really all that sorry, because your question is a distraction, but I'm a peaceable sort.
 

bpsmith

Veteran
The responsibility is shared by the driver and (if the blind spot thing is to be credited) those on whose behalf she was driving. I am happy for the law to divvy this responsibility up, but not for it to transfer it to the victim. Not being an enthusiast of the lock-em-up-and-throw-away-the-key school of justice, my sentencing preferences tend towards the non-custodial. I'm sorry if that doesn't answer your question. Actually, I'm not really all that sorry, because your question is a distraction, but I'm a peaceable sort.

I am like minded in a balanced approach, hence my points. I also enjoy the discussion, much like you clearly do. :smile:
 

steveindenmark

Legendary Member
This is a 15 year old youth but everyone keeps calling him a child. I was serving full time with the army at 16. At 15 I certainly knew how to ride a bike correctly on the road.

The cyclist also had a responsibility which it seems he failed to acknowledge. The driver didn't "partially manage to shift the blame". It would appear they were both at fault.
 

bpsmith

Veteran
You, like others are looking at this in a linear way, how far from 50:50 the blame should lie on some blameometer. You need a second axis to factor in the balance of risk, brought to the situation and experienced.

Fair enough. Where do you think the cyclist should put themself on this risk scale when asking whether they should cross in front of a truck when riding from the pavement, without looking and listening to their headphones?

Where do they put themself on the experience scale when doing so where they have already stated that they have nearly been knocked off their bike at this very position on numerous prior occasions?
 

Scoosh

Velocouchiste
Moderator
Location
Edinburgh
Second Mod Note:
Some more posts have been Deleted.

Stop trying to score points off others and either introduce some new angle to the discussion, ignore the posts which cause you to get angry or the thread will probably be Closed, as it's going nowhere new.
 
Fair enough. Where do you think the cyclist should put themself on this risk scale when asking whether they should cross in front of a truck when riding from the pavement, without looking and listening to their headphones?

Where do they put themself on the experience scale when doing so where they have already stated that they have nearly been knocked off their bike at this very position on numerous prior occasions?

Just above zero, as most things we do carries a wee bit of risk. Regarding not looking, this is not a stated fact, merely implied by the assistant Coroner.

As for experience, I'd say it's pretty much sound but of course has no bearing what so ever and is a strawman invented by yourself.

The driver is at fault, they've failed on so many levels it's sickening to think about, No awareness, no checking, blaming something that does not exist on a class II vehicle (blind spots). It's common law that drivers of large vehicles whether it be buses or HGV's have a duty to look out for all other road users, and this did not happen in this case.

Feel free to cherry pick the above as you have done with other posts.:smile:
 

bpsmith

Veteran
[QUOTE 3399201, member: 9609"]I would imagine in the vast majority of accidents mistakes are made on both sides, and I would also imagine that if the person who was not technically to blame had been a better driver/rider, then it is likely there may never have been an accident at all. However in the eyes of the law good driving is keeping within the bounds of the highway code, in reality good driving is all about predicting what is likely to happen. Not predicting that a young lad cycling on the pavement may rejoin the road at any moment and without any warning is very poor driving.[/QUOTE]

I agree. On today's busy roads and pavements, it is nigh on impossible to predict every event before it happens though.
 

bpsmith

Veteran
As I tried to convey earlier, the risks to each party are not the same. A momentary lapse in concentration by either party can result in death for one and a slight scratch on the paintwork for the other. For this reason we should demand a higher standard from the one who poses the risk to the other.

The risk is the same for the Cyclist, whichever party if assessing the risk. The stakes are hugely higher for the cyclist, so why would they not do everything in their power to safeguard themself too.
 
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bpsmith

Veteran
No matter how hard we try, people in motor vehicles hit cyclists and it is more often the driver's fault than it is the cyclist's. Drivers bring more risk to our roads and we bear more of that risk.

Point me in the direction of the official stats to support this? Genuinely interested whether this has been proven.

Other than that, I think we have now exhausted this one?
 
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