Is this the driver of the car's fault?

[winjim]

So if the limit is 30 and the cyclist is breaking that speed limit then does that not count?

Speed limits don't apply to bikes and even if they did, the driver should be able to judge the speed the cyclist is going and time their manoeuvre accordingly. You don't pull out on someone even if they're speeding.

It could potentially IMO be a mitigating factor if the cyclist was riding recklessly but it doesn't absolve the driver of responsibility.

 

[Accy cyclist]

Plus the driver immediately got out of the car and ran over to the cyclist on the road. He didn't attempt to drive off or just sit there in his car.

 

[Slick]

I still can't get over the year in prison bit! Maybe the judge that day was a keen cyclist/slight anti motorist, or maybe the driver said or did something in court to seriously pee him off. 🤔

Obviously we don't know the details, but 12 months imprisonment does seem a bit harsh compared to a number is previously discussed incidents. I suspect there must be more to this to receive such a sentence though.

 

[Alex321]

But does it warrant a year in prison, when we hear of much worse incidents with fines and suspended sentences being given. I'm not taking sides here, but what will a year (probably do 6 months) inside achieve?

That offence was only introduced last year, and was deliberately introduced in order to give custodial sentences where careless driving resulted in serious injury, which previously were not available.

 

[winjim]

Cyclist's view of the junction. Looks like pretty good visibility so probably a case of scanning and not seeing any cars, so proceeding.

 

[bikingdad90]

But does it warrant a year in prison, when we hear of much worse incidents with fines and suspended sentences being given. I'm not taking sides here, but what will a year (probably do 6 months) inside achieve?

It was his 5th motoring offence?! The way sentencing works is that there is a maximum term and then they deduct any time served while in custody, then leniency for guilty plea and then any other mitigating factors or add on aggregation factors to determine the sentence.

 

[Drago]

Drivers adult. Lock the thread.

 

[richardfm]

If the article's had given the speed limit on that road it would've helped a lot!

In what way. The cyclist had priority and the car pulled out when it shouldn't have done. Speed limits don't come in to it

 

[newts]

Thankfully the cyclist wasn't killed. The very clear video evidence left no way for the driver to plead any mitigating circumstances, the conviction clear & concise. It clearly shows a moments lapse of concentration by the driver can lead to such terrible events.

 

[winjim]

In what way. The cyclist had priority and the car pulled out when it shouldn't have done. Speed limits don't come in to it

Looking on streetview I don't see any repeaters so it looks like a 30 limit if that counts for anything.

 

[Accy cyclist]

It was his 5th motoring offence?! The way sentencing works is that there is a maximum term and then they deduct any time served while in custody, then leniency for guilty plea and then any other mitigating factors or add on aggregation factors to determine the sentence.

No, I said the one who caused me to hit him had committed 5 previous motoring offences, not the driver in the video. Unless this fellow has run up the same amount of offences.

 

[Drago]

It clearly shows a moments lapse of concentration by the driver can lead to such terrible events.

The word you're looking for is "negligence."

If one cannot remain fully alert and situationally aware while in control of a device that has killed more people than the gun then one should not allow oneself behind the wheel.

 

[Alex321]

The word you're looking for is "negligence."

If one cannot remain fully alert and situationally aware while in control of a device that has killed more people than the gun then one should not allow oneself behind the wheel.

I take it you don't allow yourself to drive then?

Or are you actually the robot your posts sometimes suggest, and NEVER make mistakes?

Human beings are not infallible. We all make mistakes occasionally.

 

[Accy cyclist]

The car that I hit passed me about a year later. It was a silver Vauxhall Corsa, 05 reg' I think. There I was cycling up a hill when it passed me, complete with a 3 foot long/high crease on the passenger side, where I must've hit it. I presumed the one driving it when it caused me to run into it must've sold it as he would've been banned by then. Unless he was seriously taking the pee and was still driving while banned. Anyway, being hit like that certainly curtailed my cycling. After that I never cycled over 35 mph and was forever covering my brakes. Even if I was freewheeling down a hill where it'd be possible to reach 50 mph with a bit of effort, I'd find myself constantly breaking and nervously looking at cars waiting to pull out, wondering if this was another bad incident about to happen.

 

[Ming the Merciless]

Driver totally at fault. Appallingly careless manoeuvre