Suspended sentence for driver as cyclist left unable to speak or walk

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classic33

Leg End Member
Robert Faherty (63) driving without headlights when Grainne Duncan’s bike hit car

A man whose careless driving left a cyclist without the ability to speak, walk or hear has been given a suspended sentence of nine months’ imprisonment.

Robert Faherty (63) was driving without headlights when Grainne Duncan’s bike hit his car. Mr Faherty was starting out on his journey on the evening of February 4th, 2015 and had driven for 200 metres before the crash.

Judge Pauline Codd said this was not a typical case of careless driving, and there was a difference between a person engaged in patently dangerous behaviour and a momentary lapse of attention by a driver otherwise engaged in careful driving.

She noted that Mr Faherty was a man with no previous convictions and a clean driving record. She said he is an upstanding and decent member of the community.

Judge Codd also noted a psychiatric report describing his “real, palpable and significant” distress and remorse at the results of his driving.

She did not impose a ban on his driving after hearing he uses his car on a daily basis and that his own father who lives in Galway is in ill health.

Faherty (63), of Elton Walk, Ard na Greine, Dublin, pleaded guilty last February at Dublin Circuit Criminal Court to one count of careless driving causing serious harm.

Ms Duncan (45) was in a coma for two months after the incident and only became aware of her situation recently, which has resulted in her requiring treatment for depression.

Judge Codd said the incident left Ms Duncan in a vegetative state and she now requires “100 per cent help” with her general wellbeing.

The court heard that neither speed nor alcohol were a factor in the incident and that road conditions were normal.

Garda Keith Murphy said Ms Duncan had been cycling on the left side of the road when she decided to turn right at a junction with Greencastle Road. Both parties had a green light.

Garda Murphy said the main contributing factor to the incident was that Ms Duncan was unable to see Mr Faherty’s car because he did not have his lights on.

“I think that she may have noticed the car when she went to make the turn, but by then it was too late,” Garda Murphy said. “It would have been completely safe for her to make the turn if there had not been oncoming traffic,” he added.

The court heard Ms Duncan was wearing a high-vis jacket and a helmet and had a light on her bike at the time of the incident.



http://www.irishtimes.com/news/crim...3073078?utm_source=dlvr.it&utm_medium=twitter
 
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Welsh wheels

Lycra king
Location
South Wales
Very sad that just riding her bike caused the victim's life to be ruined.
 
Yeah, well it comes from a country that the only reason Stephen Fry wasn't charged with blasphemy for this was because not enough people complained**


View: https://www.youtube.com/watch?time_continue=144&v=-suvkwNYSQo


So I am cool with the headlight ruling, particularly because it seems a well lit area, so maybe she wasn't paying attention either? Cars without lights are quite visible under street lights, particularly street lights bright enough that you don't notice your headlights aren't on.

Very sad for the poor cyclist, and I hope she still has a complaint against his insurer.

**not as irrelevant as it seems, Irish Times alerted me to it in the sidebar.
 
OP
OP
classic33

classic33

Leg End Member
Yeah, well it comes from a country that the only reason Stephen Fry wasn't charged with blasphemy for this was because not enough people complained**


So I am cool with the headlight ruling, particularly because it seems a well lit area, so maybe she wasn't paying attention either? Cars without lights are quite visible under street lights, particularly street lights bright enough that you don't notice your headlights aren't on.

Very sad for the poor cyclist, and I hope she still has a complaint against his insurer.

**not as irrelevant as it seems, Irish Times alerted me to it in the sidebar.
If you check a map, you'll see it happened on an industrial estate(or the entrance to one). And the lights can be too bright at night.
 
If you check a map, you'll see it happened on an industrial estate(or the entrance to one). And the lights can be too bright at night.
I couldn't find which road they were on when she turned into Greencastle Street.

To me, this makes all the difference. If you don't notice your headlights are out with a well lit street, welcome to the club. A poorly lit street, then it's all his fault.

Can you supply a link to the intersection, rather than me guessing?

My first reaction before my apparently mistaken google maps search was something like:
Losing your license shouldn't only be a punishment. If you have epilepsy or failing sight, they take your license away even though you didn't deliberately get epilepsy. Similarly, if you can drive down a dark road without your lights on, then maybe you shouldn't have a license. Not as a punishment, just that we expect a higher standard of observation from drivers. I wonder if he had an eye test, or any other test to see if he was still capable of driving safely, or if they just said - He didn't plan to kill her, so that's ok. :sad:
 
OP
OP
classic33

classic33

Leg End Member
R107.jpg


The only set of lights that are on Greencastle Road, left to right across. Cycle lane on the far side of the bus, which has to be used. ASL's get treated the same over there as here.

As an aside, since you brought it up, I do have epilepsy. Speed limit on that road is 65mph.
 

Drago

Legendary Member
When I'm PM, causing serious injury while engaged in an unlawful activity will be GBH or attempted murder. Its just staggering that our legal system can argue something down to careless, and even more staggering that solicitors (who are largely, but not all, vampires) would allow it.

I've seen then system from start to finish, from inside and out, and it has little to do with actual justice, and everything to do with providing careers for those that work within it.
 

steveindenmark

Legendary Member
I think the driver is well aware of the devastation his lack of concentration has caused. But I cannot see what use a custodial sentence would have been either to the driver or anyone who read about the case.. What would he have learnt by it. We all have lapses of judgement behind a wheel at some point.. Fortunately, most of the time, nobody is injured because of it. It appears the driver took responsibility right from the start and what would often be an innocuous mistake, turned into a tragedy.
 

Drago

Legendary Member
If he's prone to such lapses of concentration then he should have his licence revoked for life. Driving is a task that requires skill, concentration and diligence at all times. If a driver can not meet those requirements they shouldn't be allowed to drive. Giving Courts powers to apply lifetime driving bans would be welcome.

Piloting a tonne or more of kinetic weapon is not the time to make an innocuous mistake.
 
I think the driver is well aware of the devastation his lack of concentration has caused. But I cannot see what use a custodial sentence would have been either to the driver or anyone who read about the case.. What would he have learnt by it. We all have lapses of judgement behind a wheel at some point.. Fortunately, most of the time, nobody is injured because of it. It appears the driver took responsibility right from the start and what would often be an innocuous mistake, turned into a tragedy.
Because I don't believe these things are momentary lapses of judgement. I think many drive constantly like this. Barely check at every junction. As a cyclist I constantly have to avoid this. Multiple times in a journey I have to compensate for a driver not looking properly. Most of the time it's just slowing down or moving out at a junction. Low level stuff. It rarely comes to anything but on occassion it does.

Drivers like in the op probably drives fairly crap thousands of times. Like many, many others. And stats dictate that every now again this causes serious injury or death of pedestrians and cyclists.

To not properly punish allows this laissez faire attitude to perpetuate. Enough proper punishments might make people start to take their responsibilities more seriously.
 

steveindenmark

Legendary Member
Because I don't believe these things are momentary lapses of judgement. I think many drive constantly like this. Barely check at every junction. As a cyclist I constantly have to avoid this. Multiple times in a journey I have to compensate for a driver not looking properly. Most of the time it's just slowing down or moving out at a junction. Low level stuff. It rarely comes to anything but on occassion it does.

Drivers like in the op probably drives fairly crap thousands of times. Like many, many others. And stats dictate that every now again this causes serious injury or death of pedestrians and cyclists.

To not properly punish allows this laissez faire attitude to perpetuate. Enough proper punishments might make people start to take their responsibilities more seriously.

But there is nothing to suggest that the driver actually drives like a total dick on a regular basis. If he does he has never been caught in the past. If you want to start putting every road user that makes a mistake in prison. The prisons would be overflowing. A lot of them would be cyclists.
 

I like Skol

A Minging Manc...
If he's prone to such lapses of concentration then he should have his licence revoked for life. Driving is a task that requires skill, concentration and diligence at all times. If a driver can not meet those requirements they shouldn't be allowed to drive. Giving Courts powers to apply lifetime driving bans would be welcome.

Piloting a tonne or more of kinetic weapon is not the time to make an innocuous mistake.
I didn't realise you were so perfect Drago. I agree with your definition of requirements to drive but we can all make mistakes, you and me included! Unfortunately not everyone's levels of awareness are the same and the current belief that an entitlement to a driving licence is a 'right' has led to people that I wouldn't trust to boil a kettle being allowed behind the wheel!
I think steveindenmark has got it pretty spot on. From the info in the article their is no suggestion that this is any more than an unfortunate accident. It is still a tragedy.
 
But there is nothing to suggest that the driver actually drives like a total dick on a regular basis. If he does he has never been caught in the past. If you want to start putting every road user that makes a mistake in prison. The prisons would be overflowing. A lot of them would be cyclists.
Every driver that makes a mistake that seriously injures or kills, yep, prison.
 
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