SMIDSY becoming enshrined in law.

[dawesome]

http://lydall.standard.co.uk/2012/0...-cyclist-death-crash-escapes-prosecution.html

Another HGV driver in cyclist death crash escapes prosecution

08 June 2012
The driver of a lorry involved in a fatal collision with a cyclist has become the second in months to escape prosecution, I can reveal.

Charlie Lloyd, campaigns officer at the London Cycling Campaign, said: “It is not acceptable for the prosecuting authorities to allow the existence of a blind spot as an excuse for killing a cyclist or pedestrian.
“Drivers of large lorries should be aware of all other vehicles and pedestrians around them. They should take enough care not to turn into a blind spot area in a way that endangers other road users.
“If a lorry driver has any doubt about what might be in the blind spot area he should pull away very slowly and turn in a way that would allow a cyclist to escape or be seen in the close proximity mirrors.”

The way it reads to me, a lorry driver could smash the mirrors off his lorry and he's got the perfect excuse all lined up and ready.

 

[Davidc]

It's presumed liability.

In the UK that means that the most vulnerable road user in a collision is presumed to be liable for the incident.

 

[Recycler]

Best to stay clear of the blind spot then.

 

[dawesome]

The only evidence that Daniel was in a "blind spot" in the first place came from the person who took a faulty vehicle onto the road and killed him.

 

[Recycler]

The only evidence that Daniel was in a "blind spot" in the first place came from the person who took a faulty vehicle onto the road and killed him.

Plod will have looked into it pretty closely....they do with fatalities. Sad as it is there will have been a fair amount of evidence as to where the poor chap was when he was hit.

It is tragic, but it does highlight that it is wise to keep away from blind spots.

 

[PpPete]

I'm all for a change to strict liability as in some EU countries - as I understand it that means driver is liable every time ?
but... aren't most of these HGV related fatalities happening with bike filtering on left of HGV which then turns left ?
I'll happily be corrected on that,.
but that "left of a potentially left turning vehicle" is a position I make strenuous efforts to avoid.... not sure why any cyclist wouldnt do the same.
Yes I get funny looks holding my primary in a queue of cars while other cyclists go up the left, but at least I'm (hopefully) avoiding any blind spots.

 

[dawesome]

Plod will have looked into it pretty closely....they do with fatalities.

They didn't even put a witness sign up until prompts from the public. When Eilidh Cairns was killed the police waved witnesses away and completely cocked up the investigation:

"So it is up to each and every coroner how wide they inquire and whether or not they feel inclinded to put their mind to making recommendations. In this case one would have thought that the fact that HGVs cause over half of cyclists deaths and yet make up less than 4% of traffic, and that Eilidh was a proficient and experienced cyclists, and that she was in front of the lorry and hit from behind, and that the investigating officer said there should have not been a blind spot if the mirrors were set correctly, and that there was a blind area in the front of the lorry at Eilidh’s position even thought the police concluded the mirrors were set correctly, and that they used an officer 6 inches taller than the driver to test the position of the mirrors, would have lead the coroner to inquire into these issues thoroughly and to consider whether they were material to the cause of death rather than curtailing our questions with 'I think we have heard enough about mirrors'.


"The judge stated that the coroner had asked the investigating officer what could be done. He responded “If I knew that I wouldn’t be standing here now”. She asked one policeman one question at one point in time. This particular police officer had not even been involved in the investigation. He had been drafted in last minute to cover the inquest, because the original investigating officer [PC Ewan Rathie] was not available as he was under investigation himself for a crime of which he was later acquitted. The new officer had only visited the site the day before the inquest.

The family had never met him. He admitted later that he regretted his rather flippant comment.

http://lydall.standard.co.uk/2011/1...s.html?cid=6a00d8341c565553ef016761f6933a970b

A driver took a vehicle he knew was unsafe onto the roads. He was indicating right, then turned left and killed a cyclist. The decision not to prosecute is farcical.

 

[dawesome]

. aren't most of these HGV related fatalities happening with bike filtering on left of HGV which then turns left ?

No.

 

[Davidc]

I'm all for a change to strict liability as in some EU countries - as I understand it that means driver is liable every time ?
but... aren't most of these HGV related fatalities happening with bike filtering on left of HGV which then turns left ?
I'll happily be corrected on that,.
but that "left of a potentially left turning vehicle" is a position I make strenuous efforts to avoid.... not sure why any cyclist wouldnt do the same.
Yes I get funny looks holding my primary in a queue of cars while other cyclists go up the left, but at least I'm (hopefully) avoiding any blind spots.

It's usually presumed liability, where it's up to the driver to prove that the pedestrian/ cyclist/ motor cyclist etc. was at fault. Absolute liability would mean that, for example, a motorist was automatically liable if he hit an RLJ cyclist who came out in front of the car, which would be ludicrous.

I've read that when introduced this leads to a general improvement in injury and death figures, not just to those for vulnerable road users. So no chance here then.

 

[Recycler]

They didn't even put a witness sign up until killed a cyclist.

Clip clip clip

The decision not to prosecute is farcical.

You are making a very strong case to support my inital comment. Stay away from the blind spot. It's called defensive riding.

I am not justifying what happened. I am saying that it is wise to recognize the real world for what it is. But, if you want to filter up the left hand side of lorries then feel free to do so.

 

[dawesome]

I am not justifying what happened.

Nope, you're just posting stuff that isn't true and suggesting Daniel was to blame for his own death.

 

[Recycler]

Nope, you're just posting stuff that isn't true and suggesting Daniel was to blame for his own death.

Don't be silly. I have not suggested that at all. Nor am I saying that I know exactly what happened. I have not seen the official court records, nor have I seen the evidence which the police have, nor am I reading things into a newspaper report. If you know the full story then let us see the evidence.

I am saying that it wise to avoid filtering on the left. If you want to argue that it is then go ahead.

 

[PK99]

No.

but from the press report this one apparently was:

Mr Cox, whose inquest will be held at Poplar coroner’s court on Monday (June 11), is thought to have cycled along the inside of the Mercedes HGV lorry as it waited at traffic lights at the junction of Dalston Lane and Kingsland Road.

best advice to any cylicts is:

if you arrive first at a set of lights stop in the centre of the lane in Primary Position.

if you arrive after and HGV do not under any circumstances cycle up the left hand side, instead stop in Primary Position some way behind the HGV.

 

[PK99]

No.

but from the press report this one apparently was:

Mr Cox, whose inquest will be held at Poplar coroner’s court on Monday (June 11), is thought to have cycled along the inside of the Mercedes HGV lorry as it waited at traffic lights at the junction of Dalston Lane and Kingsland Road.

best advice to any cylicts is:

if you arrive first at a set of lights stop in the centre of the lane in Primary Position.

if you arrive after and HGV do not under any circumstances cycle up the left hand side, instead stop in Primary Position some way behind the HGV.

 

[Davidc]

We were taught not to ride up the inside of busses or lorries when I took my cycling proficiency test. That was 1961. The advice is just as good now as it was then.

However - that doesn't excuse the actions of a lorry driver taking a faulty vehicle on the roads, and not taking adequate care, and then killing someone.

UK road law and its enforcement is a very sick joke. If you want to kill someone just do it in a motor vehicle. No one will mind then and unlike stabbing them to death you won't even have to appear in court, let alone serve a life sentence.