The "Hi-Viz" excuse

[just jim]

"My client simply did not see Mr MacIntyre coming. As a result the cycle went into the rear of the vehicle and he was tragically killed."

Family attacks cyclist crash fine

 

[snorri]

"My client simply did not see Mr MacIntyre coming. As a result the cycle went into the rear of the vehicle and he was tragically killed."

Family attacks cyclist crash fine

There is a thread in Campaigning on this topic.

 

[just jim]

oops...

 

[spindrift]

The story's relevant here too.

One thing:

1/

The driver says he didn't see Jason.


2/

The driver also said he thought Jason was in the cycle lane.

Uh?

Did he see him or not?

 

[col]

What puzzles me is they say he went into the back of the van?

 

[spindrift]

What puzzles me is they say he went into the back of the van?

Rear nearside. Classic- overtake and IMMEDIATELY turn left.

The driver behind the killer driver saw Jason clearly,

 

[col]

Rear nearside. Classic- overtake and IMMEDIATELY turn left.

The driver behind the killer driver saw Jason clearly,

I see,but again i thought it was a right turn across a cycle lane and road?I might have misundertood though?

 

[spindrift]

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."

 

[Sapper]

Rear nearside. Classic- overtake and IMMEDIATELY turn left.

The driver behind the killer driver saw Jason clearly,

Happens to us often, it does to me....

Funny thing is the road it happens to me the most on is where they turn left to drive down to Barnet Hospital.

They rush to over take me, and then apply their brakes rather than being patient.

The time I am cycling there - it would be appropriate for the 8 am shift to be heading to work!

Adrian

 

[Disgruntled Goat]

He said he didn't see him, then he said he was in a 'hunckered down position'.

 

[Origamist]

He said he didn't see him, then he said he was in a 'hunckered down position'.

I doubt the driver said this (ie hunkered down)- probably another witness.

 

[Tynan]

indeed, why the desperate need to try and pick this apart, if the bloke knew where his vehicle was when he was hit and where on the vehicle he was hit I'd say he could have a good guess at what line the cyclist was on

and does anyone really doubt that this bloke wouldn't have been in the drops or on aero bars riding on an A road?

 

[just jim]

I wear a hi-vis vest reluctantly - another extra item to add along with helmet, lights, clips, panniers in winter. Putting that lot on is a bit of a drag when it's raining. O.K, it does heighten my visibility on the road but I also wear it in case something happens and the one of the excuses for my injury or demise is "well, you weren't wearing any high-viz clothing were you?".

 

[mr_cellophane]

I was assuming that the van was heading south and turned right in did what would be almost a U-turn.

http://maps.google.co.uk/maps?sourc...3 6TL&cr=countryUK|countryGB&um=1&sa=N&tab=wl

or pulled out in front of him, but that would have been reported differently

 

[domtyler]

I wear a hi-vis vest reluctantly - another extra item to add along with helmet, lights, clips, panniers in winter. Putting that lot on is a bit of a drag when it's raining. O.K, it does heighten my visibility on the road but I also wear it in case something happens and the one of the excuses for my injury or demise is "well, you weren't wearing any high-viz clothing were you?".

So if you are killed you don't want people to posthumously accuse you of not having worn day glo clothing?