Speeding and jumping a red is "Careless"

[glenn forger]

http://www.roadjustice.org.uk/case-...g-a444-cyclists-death-careless-driving-011112

A driver who knocked over and killed a cyclist at a pedestrian crossing in Coventry has been found guilty of causing death by careless driving.

Craig Mulligan, aged 34, was riding across a pedestrian crossing on the A444, near the junction of Waterman Road, Stoke Heath, at 7.39pm on November 1, 2012, when he was hit by a car.

He was taken to hospital but died from his injuries five days later.

Police investigated the crash and Rouguiatou Fofana, 34, of Treforest Road, Stoke Aldermoor, was arrested and charged with causing death by dangerous driving.

Coventry Crown Court heard that even though the lights on the pedestrian crossing had turned to red Fofana made no attempt to slow her car down.

She was travelling between 32-38mph before the lights changed. The speed limit on that part of the road is 30mph.

Yesterday jurors at Coventry Crown Court found Fofana guilty of causing death by careless driving.

She will be sentenced on April 4.

Ian Crooks, of West Midlands CPS, said: “A prudent and careful driver would have had time to see the victim crossing the road and they would have stopped or swerved in order to avoid colliding with him.

“From police investigation as well as witness statements, it became apparent that Fofana was travelling above the speed limit and when the cyclist came into her vision.

“The emergency services were called and Mr Mulligan was taken to a hospital with severe injuries. His condition deteriorated and he died five days later.

“This situation arose due to the fact that Fofana did not have her full attention on the road at those few seconds before the collision.

“Our thoughts are today with the family and friends of Mr Mulligan.”

Report URLs:
http://www.coventrytelegraph.net/news/coventry-news/coventry-driver-guil…

CTC's view:
It is bewildering why the CPS didn’t decide to prosecute the driver for causing death by dangerous driving. Surely driving at almost 8 miles above the speed limit and not making any attempt to slow down for a pedestrian crossing or red light is dangerous!

The level of danger caused by this irresponsible driving, even though not considered dangerous by theCPS, should be reflected in sentencing.

 

[BSRU]

Killing someone in such a circumstance is not careless

 

[Peter Armstrong]

Killing someone in such a circumstance is not careless

It is if your doing 32-38mph

 

[VamP]

It is if your doing 32-38mph

Did you not read the OP or did you fail to understand what it said?

 

[BSRU]

It is if your doing 32-38mph

Not if you driving across a pedestrian crossing that is on red.

 

[CopperCyclist]

The simple fact with our court system is that the burden of proof required for 'Dangerous' probably wouldn't have been met and she'd have got off it charged with it. Key word being 'probably'. I agree with CTC et all, and I'd like to see a system for ALL relevant crimes, not just driving offences, where you can try for a more serious, and if not successful still be found guilty of the lesser offence: I. E. in this case have a go at dangerous while still keeping careless as a back up.

 

[glenn forger]

Yeah, she would have offered the "momentarily distracted, does a lot for charity" excuse.

 

[benb]

The simple fact with our court system is that the burden of proof required for 'Dangerous' probably wouldn't have been met and she'd have got off it charged with it. Key word being 'probably'. I agree with CTC et all, and I'd like to see a system for ALL relevant crimes, not just driving offences, where you can try for a more serious, and if not successful still be found guilty of the lesser offence: I. E. in this case have a go at dangerous while still keeping careless as a back up.

I have seen a few cases where the CPS will charge careless and dangerous. Don't see why they don't do that more often.

 

[ufkacbln]

Isn't this about proof and thelikelihood of prosecution.

I know it is a "Game" and not neccesarily right, but often the assessment is that the chances of seeing driving a few mph over the limit and a few moments diversion of attention as "dangerous are unlikely where there is a stronh chance the jury will see it as careless

You therefore go with the one you know you will win, rather than up th e stakes and have the driver get away with it

 

[benb]

Isn't this about proof and thelikelihood of prosecution.

I know it is a "Game" and not neccesarily right, but often the assessment is that the chances of seeing driving a few mph over the limit and a few moments diversion of attention as "dangerous are unlikely where there is a stronh chance the jury will see it as careless

You therefore go with the one you know you will win, rather than up th e stakes and have the driver get away with it

As above, CPS need to dual-charge more often.

 

[StuartG]

The problem is as I wrote on the other 20 mph thread is that many (most) drivers do not see anything inherently wrong in exceeding the speed limit. Over 80% of drivers admit it. Judges, magistrates and prosecuting counsel do it. They really can't bring themselves to see as dangerous something that they regularly do themselves.

Its a schism in their thinking that moderates their treatment of fellow offenders whereas they can cheerfully 'do' TV licence evaders. 'Cos that's not what most nice middle class men do is it?

 

[Ern1e]

Yeah, she would have offered the "momentarily distracted, does a lot for charity" excuse.

I wonder just what the "distraction" was i can't seem to find any mention as to what it was

 

[sheddy]

Are we allowed to speculate on the sentencing (due in April)

 

[sheddy]

A reminder that the Road Justice Petition will be handed over on 12th Feb
http://www.roadjustice.org.uk/police-petition

 

[nicola mulligan]

Hi, guys new to the site have a bit of interest in bikes due to my partner being a fanatic.
Ive read all comments above, and agree with many...craig was my big brother at present no speculation sentence hearing is tomorrow. In answer to Ern 1e the was no reason given as to why she wasn't concentrating on the road. only she will probably know( there was spectulation over arguing with her parnter and child also in the car. )
I will post on here tomorrow to give you the outcome of the sentence.
as a driver myself I still dont understand how anyone could not concentrate on the road....and be awarecof there surrounding and other traffic.
But also my number one priorty is cyclists....have a family of cyclist (partner &kids) of my own.
I feel more should be done to make more awareness of cyclists (although they have ads about speed kills) they never really use cyclists as an example.
hope you dont mind my post on this thread.
thanks