[QUOTE 4005240, member: 9609"]I have had a bit of a search for the incident on the web and from this report
LINK it would appear to have taken place at the following junction.
google streeview
and a little research would show that this section of the A40 is an extremely busy dual carriageway, 33,700 per day (although only 3% HGVs) it would appear to be NSL so cars 70 - 80, lorries at 56. It was dark, heavy rain and strong winds.
Obviously I don't know exactly what happened, but at a guess I would imagine the trucker would have been looking for a place to filter-in, not so easy in an HGV if it is a busy road with evreyone tailgating each other at speed, lorries can't just accelerate and slot in.
I am presuming the cyclist was on the dual carriageway, and not on the slip road having just come off the motorway?
I'm not so sure it would have been a mirror blind spot situation. To be honest, and I'm sure I will be crucified on CC for what I am about to say - but I have great sympathy with the driver for not expecting a cyclist to be there, what a very unusual place to ride a bike. even on a good clear day that is not a road for bikes, and this was at night in the rain!
I'm really sorry the cyclist has been killed, my heart goes out to him, and yes the driver should have seen him and avoided him, but i am thinking the judge may have got this one right.[/QUOTE]
I see what you mean but you should have no problem seeing a cycle on that road, if the weather is bad and low visibility you should slow down irrespective of the type vehicle you are driving. We have a dual carriage way exactly like that one (A50) and a cycle club use it on a regular basis for time trial races , it may seem like suicide to non cyclists but they have every right to be there and motorists have to treat a cycle like any other vehicle.
If the cyclist had working lights and hi-viz clothing then the driver that hits him is driving without due care and attention and should be punished .