flake99please
We all scream for ice cream
- Location
- Edinburgh
If that’s the case in this instance, then I stand corrected.
Lorry driver 'oblivious' when he hit cyclist in Hessle Road, On trial
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If that’s the case in this instance, then I stand corrected.
Profpointy
Legendary Member
The moral I take from this is the lethality of cycle lanes, regardless any the blame due to the lorry driver
- Location
- The TerrorVortex
I don't actually understand why vehicles with massive blind spots are allowed on the road in the first place.
He can find alternative employment, or should he be able to continue to kill others just so his family can eat?
Origamist
Legendary Member
https://www.hulldailymail.co.uk/new...craig-beharrell-peter-sanderson-trial-3189591
The defence is employing the 'constant bearing, decreasing range' phenomenon to argue the driver's innocence (although their CCTV specialist is defining it as 'synchronicty'). Whilst the article does not go into much detail on the extent of the cross-examination, hopefully the prosecution made it clear that if the driver had made any effort to change his head position and therefore perspective on the approach to the junction - as a competent HGV driver would, the cyclist would have been visible and the collision avoidable.
The defence is employing the 'constant bearing, decreasing range' phenomenon to argue the driver's innocence (although their CCTV specialist is defining it as 'synchronicty'). Whilst the article does not go into much detail on the extent of the cross-examination, hopefully the prosecution made it clear that if the driver had made any effort to change his head position and therefore perspective on the approach to the junction - as a competent HGV driver would, the cyclist would have been visible and the collision avoidable.
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Alternative employment might not be as easy as you think it is, if driving is his only skill-set and given his age. You then make a false equivalence. His driving is likely to be much more cautious as a result of this horrific incident. The point of restorative justice is to try to find the best way of dealing with a crime. It may be to disqualify him from driving. It might be to force him to retake his tests. It might be a permanent ban. But his circumstances are still valid. You have no idea about his family, who relies on him and for what. On the other hand he might not want to drive again anyway, he's close to retirement age. In which case banning him serves no real purpose.
It might be that he has no dependents. It might be that he has a severely disabled son / daughter / mother / father and the money he earns pays for treatment and care. There is a whole spectrum of circumstances that a Judge takes into account to determine the appropriate sentence. Throw him in prison? That's expensive. Is his attitude going to be any different when he leaves prison, or is he already contrite and devastated by his own actions?
This is why Judge's take great care when sentencing and consider all factors. Otherwise you end up like America and just throw everyone in prison for ever.
From what has been reported what ever they are paying him it's too much and the defence don't look to have done much homework round it either.
Ming the Merciless
There is no mercy
- Location
- Inside my skull
How could it be constant bearing decreasing range if the driver was stopped, other than approaching at 90 degrees in which case it'd be obvious to spot the approach ?
Origamist
Legendary Member
The driver stated he never stopped at the junction and looked but failed to see the cyclist. This explains the line of defence. I hope the prosecution robustly challenged this theory.
midlife
Guru
Is that the same as Target Fixation or is that something different. Just trying to understand the defence and not giving any excuses.
Ming the Merciless
There is no mercy
- Location
- Inside my skull
So he is admitting he fell below the standard expected. That's idiotic behaviour given the layout of the junction and known deficiencies in the truck with its blind spots. Only way to get round the blind spots is to stop and take a long enough time to take in the road you wish to join.
Origamist
Legendary Member
It's different. Bez provides a detailed analysis of the 'rolling blindspot' here: https://beyondthekerb.org.uk/collision-course/
midlife
Guru
Thanks.
OP
OP
classic33
Leg End Member
Did the person he ended up killing have anyone relying on him being there?
If he was devasted by his actions, why plead "Not Guilty" for two years and saying he "Never saw no pushbike"?
DRM
Guru
- Location
- West Yorks
As I read the article, it’s got nothing to do with blind spots, it’s all about this vehicles bigger then yours, tough shoot I’m keeping going cos it’s too big to argue with, makes me wonder seen, as it’s an old truck, hauling crap to the tip if he was on piece work, also being on a Y plate get the mechanical state of the thing checked along with maintenance records, then throw the the book at him, preferably in a sack weighted with bricks.
