Dooring kills cyclist, verdict "Accidental death"

[AnotherEye]

A few points: "the cyclist hit the car door". Surely this should read "the car door hit the cyclist" or "collision between the car door and the cyclist".
From what I've read (above), it appears that the driver has broken the law and should be prosecuted however a google reveals nothing. In my limited experience (death of Marie Vesco), the date of the inquest is not usually set until after the CPS has decided on a prosecution, ie, the trial will come before the inquest. If I'm correct then we could assume that there will be no prosecution (which troubles me) though a decision could be reversed after considering any new evidence that may emerge from the inquest.
As I've said, it is the driver & not the cyclist who has broken the law; nevertheless it is unwise to ride so close to parked cars at any speed ( & "at around 25 or 30 miles an hour" unnecessary though there may have been a reason that was not reported).

 

[PK99]

A few points: "the cyclist hit the car door". Surely this should read "the car door hit the cyclist" or "collision between the car door and the cyclist".
.

Depends on what happened - from the report it sounds like the door was open (when it should not have been) and the cyclist hit it.

Plus, i agree that sad events such as this emphasise the need to avoid cycling in the door zone - especially at speed.

 

[dawesome]

It doesn't sound like the door was already open:

"Mr Darby, of Aviemore Way Road, Beckenham, collided with the door of the car as owner, Lena Pennacchia, opened it to get out of the vehicle."

 

[dellzeqq]

Motorists don't get charged with manslaughter. That's the way of things. Paul Channon came up with the offence of 'causing death by dangerous driving' and Alastair Darling came up with 'causing death by careless or inconsiderate driving' in 2006 - both, in fairness, to give the justice system another angle for fatal 'accidents'. Around 2008/9 a SWLDA member was killed by a door in Epsom. The bit from the ensuing controversy that comes to mind is this

A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, is guilty of an offence.

Note - the word 'driving'.

 

[CopperCyclist]

Motorists don't get charged with manslaughter. That's the way of things.

Not entirely true. Actually when they door people and cause death sometimes they do. It is however true to say "Motorists very rarely get charged with manslaughter"

http://road.cc/content/news/51901-m...er-death-last-year-london-cyclist-sam-harding

 

[Red Light]

The issue here comes down to the word 'accidental'. IANAL so will not comment on its legal meaning. However language is always evolving. Accident is more definitely associated in the vernacular with 'no blame', 'fate', 'chance' etc. It is pejorative. Hence is there a case the legal language should also change?

The use of accidental death (or death by misadventure as it is also called0 is to indicate that it was not the result of a deliberate action intended to kill - which would be suicide, unlawful killing or lawful killing - rather than it was without blame.

 

[dellzeqq]

Not entirely true. Actually when they door people and cause death sometimes they do. It is however true to say "Motorists very rarely get charged with manslaughter"

http://road.cc/content/news/51901-m...er-death-last-year-london-cyclist-sam-harding

that's very imformative, thankyou

 

[vernon]

It was enlightening riding through Germany, Austria, Slovakia and Hungary in late July/early August. Motorists there seem to be far more aware of the consequences of their actions and if any doubt about rights of way occurred they always ceded to the cyclists. They took great care to check if it was safe to open the drivers side door and it seemed unnatural. I'm accustomed to seeing doors opened fully without checking in the UK and the protocol in the aforementioned countries seems so be to open the door a smidging, conduct a thorough visual check for approaching traffic, open the door a bid wider and double check before fully opening the door.

 

[CamPhil]

If the death came about through an unlawful action, then the correct verdict should be unlawful death.
I cannot see any other rational verdict.
Deciding it is "accidental death" devalues the life of the victim and trivialises the offence of killing an innocent victim.
The coroner is colluding in the injustice by passing an incorrect verdict.

 

[AnotherEye]

.... Deciding it is "accidental death" devalues the life of the victim and trivialises the offence of killing an innocent victim.
The coroner is colluding in the injustice by passing an incorrect verdict.

Agree, there was a story in yesterdays Evening Standard about someone who was killed when taking a roundabout at about 70 mph in London. Coroners verdict was "accidental death", surely it should have been "death by misadventure"?