Bromptonaut
Rohan Man
- Location
- Bugbrooke UK
Can you link to a report of case please?
Ebike court case
- Thread starter Blue Hills
- Start date
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Beebo
Firm and Fruity
- Location
- Hexleybeef
Beebo
Firm and Fruity
- Location
- Hexleybeef
I presume that the same verdict would have been given whether he was on a motorcycle or pedal cycle.
Either way it sounds like the pedestrian walked into the road. Criminal liability is a far higher bar than civil liability. We know that from loads of cases involving cars.
Either way it sounds like the pedestrian walked into the road. Criminal liability is a far higher bar than civil liability. We know that from loads of cases involving cars.
Drago
Legendary Member
- Location
- Suburban Poshshire
I suspect there'll be a change in the law to shut this down if there are many more cases like that.
numbnuts
Legendary Member
- Location
- Gone over the hill and far away
now where did I put that bigger E-motor
winjim
Smash the cistern
He had right of way.
OP
OP
- Location
- London
I don't think that is an absolute right.
ebikeerwidnes
Guru
- Location
- Z’ha’dum
The wording of the article - including the quotes from the court - suggest that the main points were
He was going in a straight line along a straight road in clear visibility - the pedestrian basically walked/ran into him
He reacted quickly suggesting that he WAS paying attention
OK - from the CCTV I have seen that is not how I saw it - however she did leg it across the road and into him
I guess there was other evidence in the court - of a better view of the incident
I would still think he should be prosecuted for using the bike anyway - but I assume the court had a good reason for saying the actual collision was not his fault
He was going in a straight line along a straight road in clear visibility - the pedestrian basically walked/ran into him
He reacted quickly suggesting that he WAS paying attention
OK - from the CCTV I have seen that is not how I saw it - however she did leg it across the road and into him
I guess there was other evidence in the court - of a better view of the incident
I would still think he should be prosecuted for using the bike anyway - but I assume the court had a good reason for saying the actual collision was not his fault
Pale Rider
Legendary Member
The prosecution failed to convince the jury his riding was careless - below the standard of a competent driver or that he displayed a momentary lack of attention.
In other words, they accepted the defence barrister's submission: "His reactions were quicker than many confident and careful drivers in the time it took him to react to her stepping out, which suggests he was keeping a good look out."
In other words, they accepted the defence barrister's submission: "His reactions were quicker than many confident and careful drivers in the time it took him to react to her stepping out, which suggests he was keeping a good look out."
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Drago
Legendary Member
- Location
- Suburban Poshshire
Dreadful prosecution lawyer - one of the things a "careful" driver does is adapt their speed, positioning and observation to the environment, so if one of those pesky pedestrians does do something unexpected they can take avoiding action. A halfway decent prosecutor could easily have shot down what is a fairly vague and non specific defence, and I've seen that very defence screwed over first hand in court more than once.
I'm surprised as well he got not guilty on the licence and insurance charges, when so many other people caught riding simiarly modified e-bikes have been successfully fingered for it.
But hey ho. All it needs is an indifferent prosecutor, or one not especially well versed in the sphere of law at hand, and a mad/indifferent/gullible jury and stuff like this happens.
I'm surprised as well he got not guilty on the licence and insurance charges, when so many other people caught riding simiarly modified e-bikes have been successfully fingered for it.
But hey ho. All it needs is an indifferent prosecutor, or one not especially well versed in the sphere of law at hand, and a mad/indifferent/gullible jury and stuff like this happens.
mjr
Comfy armchair to one person & a plank to the next
- Location
- mostly Norfolk, sometimes Somerset
More reporting but no more sources yet at https://road.cc/content/news/271675...ing-london-pedestrians-death-careless-driving
That repeats the BBC report that he was not guilty of death-by-careless and driving-unlicensed, but I thought there was also an uninsured-motoring charge - do we know what happened to that?
This all feels a bit like a cyclist who did a few illegal but widespread mods has actually benefitted from the shoot that usually allows motorists to get away with killing cyclists too easily. Basically, the courts do not uphold the "Drive at a speed that will allow you to stop well within the distance you can see to be clear" from the Highway Code. I'm very conflicted about this case!
That repeats the BBC report that he was not guilty of death-by-careless and driving-unlicensed, but I thought there was also an uninsured-motoring charge - do we know what happened to that?
This all feels a bit like a cyclist who did a few illegal but widespread mods has actually benefitted from the shoot that usually allows motorists to get away with killing cyclists too easily. Basically, the courts do not uphold the "Drive at a speed that will allow you to stop well within the distance you can see to be clear" from the Highway Code. I'm very conflicted about this case!
D
Deleted member 26715
Guest
Maybe the victim wasn't well connected so didn't warrant the proper verdict, if only she had influencal friends
OP
OP
- Location
- London
Don't understand why you are conflicted unless you think "now it"s our turn to flatten people" . No difference between speeding unlicenced irresponsible folk guiding illegally modified vehicles in my book, whether on four or two wheels. The defence appears to have been based on the self serving junk some drivers tell themselves about their oh so wonderful driving skills.
