Cyclist escapes prosecution after fatal collision with pensioner
Police say speed limits only apply to ‘mechanically propelled vehicles’ and not bicycles
www.telegraph.co.uk
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A licence to kill...?
- Thread starter Cougar377
- Start date
www.telegraph.co.uk
Got the headline but the rest behind a paywallCyclist escapes prosecution after fatal collision with pensioner
Police say speed limits only apply to ‘mechanically propelled vehicles’ and not bicycles
We often wonder how they get away with ignoring traffic signs, riding the wrong way up one way roads, riding on pavements... why should they bother when they know they can literally get away with murder
Weird, I don't pay for it but can see the whole article.
Here's another paper's version...
Speeding cyclist who killed pensioner avoids prosecution
Brian Fitzgerald, a vice president at Credit Suisse, avoided prosecution after smashing into Hilda Griffiths while doing laps of Regent's Park, London because speed limit signs don't apply to cyclists.
Bollocks, I remember our Pastor’s son, Phillip Ullyett, getting pulled over for speeding on his bike, he was doing around 35mph down a very steep hill in Leeds which was a 30mph limit, he only got a caution from the Police but for a while he thought he was in big trouble, this was around 1972.
Typical statement from the cycling club "safety is our priority ".
An aviation journalist once wrote that statements like this are issued when an event has taken place to prove the statement false.
An aviation journalist once wrote that statements like this are issued when an event has taken place to prove the statement false.
That route around Regents Park has been notorious for years and perhaps was an accident waiting to happen. Very sad.
I recall a cyclist being prosecuted for ‘furious cycling’ a few years back under an old piece of legislation following the death of a pedestrian in London.
I recall a cyclist being prosecuted for ‘furious cycling’ a few years back under an old piece of legislation following the death of a pedestrian in London.
a civil action may prove to be successful as these are also focused on ‘rights and wrongs’ rather than just the letter of the law. However, purely Based on the article (it’s on the internet so it must be true) there may be a case for mitigation.
Very sad, no winners here.
If the group of cyclists were doing 'timed laps', isn't this classed as racing or competition riding? is this allowed on UK roads without marshalls & appropriate safety measures being put in place?
I remember being pulled for 'furious cycling' when I lived in Devon, this was the early 80's. Being a holiday town and during the summer, despite it being around 7.00am, I was told that I was an accident waiting to happen & I would be prosecuted if I was seen appeasring to break the speed limit again.
I also recall a few years ago a cyclist knocking down a pedestian in London (Oxford Road I believe) and being prosecuted for causing the pedestrian's death. This happened on a pavem,ent, so I suspect different rules apply, but they shouldn't.
I also recall reading an article about cyclists in Wales being seen frequently overtaking cars in 20mph areas but as they're not mechanically propelled, there's no laws being broken.
I remember being pulled for 'furious cycling' when I lived in Devon, this was the early 80's. Being a holiday town and during the summer, despite it being around 7.00am, I was told that I was an accident waiting to happen & I would be prosecuted if I was seen appeasring to break the speed limit again.
I also recall a few years ago a cyclist knocking down a pedestian in London (Oxford Road I believe) and being prosecuted for causing the pedestrian's death. This happened on a pavem,ent, so I suspect different rules apply, but they shouldn't.
I also recall reading an article about cyclists in Wales being seen frequently overtaking cars in 20mph areas but as they're not mechanically propelled, there's no laws being broken.
Wasn’t it a pedestrian who was charged for stepping in the path of the cyclist?
Possibly.... or else they randomly block out the bulk of the text and replace it with an advert to subscribe.
Looks like I have to take out a paid subscription to read the Telegraph article...!
Absolutely beyond belief, they were furiously cycling in a 'peloton' which instantly reinforces their mind set to.. 'we can do whatever the fck we want'... regardless of the hierarchy principal to which they so often cling to launch their own prosecutions.
An old woman walking along with a dog surely raises alarm bells to take care as you pass her?
I know it wont bring her back but I do hope her next of kin launch a civil case..
Absolutely beyond belief, they were furiously cycling in a 'peloton' which instantly reinforces their mind set to.. 'we can do whatever the fck we want'... regardless of the hierarchy principal to which they so often cling to launch their own prosecutions.
An old woman walking along with a dog surely raises alarm bells to take care as you pass her?
I know it wont bring her back but I do hope her next of kin launch a civil case..
Interesting related information here https://www.birketts.co.uk/legal-update/cyclist-convicted-of-wanton-and-furious-driving/
They could still have prosecuted for dangerous cycling under section 9 of the Road Traffic Act 1960 (which is still in force and valid) or even careless cycling under section 10 of the same act. However it seems that the CPS could not be bothered to do their job properly and the bloke got away with it.
But in respect of a civil case, that should be fairly straightforward as under CPR rules you only have to prove liability on the balance of probability of 51% or better, even allowing for any potential contributory negligence. The fact that the cyclist was deemed at fault, then not an issue as far as liability is concerned.
On the flip side, the value of the claim will be very moderate to the point of almost being an insult because of her age, her responsibilities to any family members (probably not a lot given her age) and a whole load of other factors, so it will probably end up being a case of reasonable funeral costs up to around £10K and not much more.
I have seen and dealt with this type of incident many times and the cyclists often just laugh it off until they get hit financially and personally (given that most don't have insurance) and then they offer to pay £1 a month or as low as they can get it and the courts are accepting these stupid payments.
But in respect of a civil case, that should be fairly straightforward as under CPR rules you only have to prove liability on the balance of probability of 51% or better, even allowing for any potential contributory negligence. The fact that the cyclist was deemed at fault, then not an issue as far as liability is concerned.
On the flip side, the value of the claim will be very moderate to the point of almost being an insult because of her age, her responsibilities to any family members (probably not a lot given her age) and a whole load of other factors, so it will probably end up being a case of reasonable funeral costs up to around £10K and not much more.
I have seen and dealt with this type of incident many times and the cyclists often just laugh it off until they get hit financially and personally (given that most don't have insurance) and then they offer to pay £1 a month or as low as they can get it and the courts are accepting these stupid payments.
It's a tough one.
Whilst a sufficient number of cyclists are selfish and idiotic enough to warrant tarring them all with the same brush, old folk can also be a menace. Old burd (had to be in her 80s) driving a Nissan Juke pulled out in front of me on a roundabout a few weeks ago. She was trundling along at little more than walking pace and I assumed, wrongly, she was braking to stop. Nope. Didn't look, carried on beetling onto the roundabout at walking pace. I stood on the horn as well as my brakes and she didn't even look then. She was completely oblivious to my presence.
As much as the old girl in the subject case was flattened by a cyclist that was clearly racing on the King's Highway, I can't help wondering if she'd have stopped and looked before stepping out onto the road if she was a few years younger. I hope her family go after the bastard one way or the other.
Whilst a sufficient number of cyclists are selfish and idiotic enough to warrant tarring them all with the same brush, old folk can also be a menace. Old burd (had to be in her 80s) driving a Nissan Juke pulled out in front of me on a roundabout a few weeks ago. She was trundling along at little more than walking pace and I assumed, wrongly, she was braking to stop. Nope. Didn't look, carried on beetling onto the roundabout at walking pace. I stood on the horn as well as my brakes and she didn't even look then. She was completely oblivious to my presence.
As much as the old girl in the subject case was flattened by a cyclist that was clearly racing on the King's Highway, I can't help wondering if she'd have stopped and looked before stepping out onto the road if she was a few years younger. I hope her family go after the bastard one way or the other.
