Is this the driver of the car's fault?

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BoldonLad

Not part of the Elite
Location
South Tyneside
Even emergency vehicles on a blues & two's run will slow on approach to such a junction, giving way to on coming traffic, unless that traffic on both sides & the opposite junction stops to allow them to proceed, nobody would just cross the giveway without a care in the world, iirc when I was learning the instructor took me to an unmarked crossroads regularly, in order to instill the correct way of dealing with one those too

It is with difficulty that I remember that far back, but, yes, in late 1964 I recall as a learner driver, being taken to unmarked cross roads, as a part of my driving lessons. ;)
 

DRM

Guru
Location
West Yorks
It is with difficulty that I remember that far back, but, yes, in late 1964 I recall as a learner driver, being taken to unmarked cross roads, as a part of my driving lessons. ;)

The one I was taken to has now been painted with giveway lines, I can't remember the last time I actually came across one recently
 

presta

Guru
A car has had me off the bike just once, and in very similar circumstances: it pulled out in front of me and I somersaulted over it along with the bike. I landed in the road at the far side, but I got away with just cuts & bruises though. The police weren't interested, even after he moved house without paying for the damage.
with the articles not giving the speed limit on the road you can't say the cyclist was going over the speed limit or not, but she's certainly going at speed
The bike travels 6.7 wheel diameters in 410ms, which is 25mph if it's a 27" wheel.
The speed limit is irrelevant.
Careless or inconsiderate cycling isn't though.
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.
I don't think society ever really makes up its mind whether we're punishing actions or consequences.
As for "misjudgment", would the driver have made the same error of ignoring the road markings if it had been something larger?
I think there are as many who think "Oh, it's only a cyclist" as there are who don't see, I've had people look me straight in the eye and then pull out. There seems to be an expectation that cyclists will only be travelling slowly, and blame to be dished out if they aren't.
You are that rare thing, in my experience, a person who admits to an instance of less than perfect driving.
When the police came round after I wrote my TR7 off I freely admitted without prompting that it was my fault for driving too fast. At no time have I ever pretended otherwise to anyone.
 

classic33

Leg End Member
A car has had me off the bike just once, and in very similar circumstances: it pulled out in front of me and I somersaulted over it along with the bike. I landed in the road at the far side, but I got away with just cuts & bruises though. The police weren't interested, even after he moved house without paying for the damage.

The bike travels 6.7 wheel diameters in 410ms, which is 25mph if it's a 27" wheel.

Careless or inconsiderate cycling isn't though.

I don't think society ever really makes up its mind whether we're punishing actions or consequences.

I think there are as many who think "Oh, it's only a cyclist" as there are who don't see, I've had people look me straight in the eye and then pull out. There seems to be an expectation that cyclists will only be travelling slowly, and blame to be dished out if they aren't.

When the police came round after I wrote my TR7 off I freely admitted without prompting that it was my fault for driving too fast. At no time have I ever pretended otherwise to anyone.
It's not the police you should have gone to, when he stopped paying. Which is probably why they "weren't interested".

Given the picture posted earlier, showing the state of the road and the view to the left at that junction, I'd have been taking a similar line to the cyclist that got hit. I don't see how they were riding can be considered careless or inconsiderate cycling. Especially as they were on the major road, hit by a car whose driver didn't bother stopping as required.

I, as a cyclist, have the same rights to use the road network* in this country just as much as anyone else doing so legally. If they think I'm not allowed then they'd better be able to prove it.


*Excludes the motorway network and "A(M)" roads.
 
Yes it was certainly the drivers fault.

I am not victim blaming, its just an observation. For a 71 year old, she was tanking down that road. Maybe that had something to do with the drivers mis-judgement.
.I also thought a year in prison for careless driving rwas a bit harsh. He didnt drive off and he gave assistance immediately. There was no malice in it. He was just careless.

Do you really believe he thought " Oh, that's a 71 year old so I'll have plenty of time to cross the junction", and that he would have done something different if it was a 40 year old riding the bike?
 

Alex321

Guru
Location
South Wales
I think its more in comparison to previously discussed incidents in other threads.

Most of those aren't of much relevance though, since the offence the driver was charged with was only created last year, coming into force on 28th June 2022.

Any offence committed before that date would have been charged under a different offence, with different sentencing options.
 

Drago

Legendary Member
It still staggers me that someone can cause serious injury or death to another innocent person, and not be banned from life from accessing the type of weapon they used in the commission of the act.
 

Slick

Guru

Slick

Guru
The one you quote is clearly too low a sentence. Causing death by dangerous driving is a harsher sentence than causing serious injury

Which is why some are left scratching their head at other sentences like the one being discussed.

Obviously we don't know all the details.

Getting further away from the OP but still on topic, there was a young lad in court today who received community service for causing a crash that killed his mate in the passenger seat.

The judge commented that nothing would be gained by ruining another young man's life.

As already pointed out by another poster, you might not have shared his generous spirit if it was someone close to you.
 

tyred

Legendary Member
Location
Ireland
Weird - that almost exactly describes my one-and-only SMIDSY! (bloody hurt too :cry: ) *

Now I'm much more paranoid at those sort of junctions ... but roads can be busy, and situations complicated; it's still possible that some loon (like @Accy cyclist 's new friend, thankfully in prison for several months now) will take me out through their impatience and negligence - and I hope they get the book thrown at them.

*Driver apologised profusely ... but still got nicked. Good.

The driver that hit me got an €80 fine and a few penalty points for careless driving. I assume his insurance will have taken a steep rise. The driver's brother who was immediately behind the van in another car said I was going too fast and there was nothing that could have been done to avoid it. Maybe try stopping at junctions?

My uncle never stops complaining about how ridiculous it was that they charged the driver and it's just the government raising money by fining drivers that didn't do anything wrong.

Until there is a major attitude change in society, very little will ever change. A complete lack of road traffic policing around here doesn't help either.
 

steveindenmark

Legendary Member
Do you really believe he thought " Oh, that's a 71 year old so I'll have plenty of time to cross the junction", and that he would have done something different if it was a 40 year old riding the bike?

No.
I did not say that. I dont think he even saw them. I was just saying she was doing an impressive speed for a 71 year old.

Now wind your neck back in
 
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