Another Cyclist Death

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MikeF
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Joined: 11 Nov 2012, 9:24am
Location: On the borders of the four South East Counties

Another Cyclist Death

Post by MikeF »

http://www.theargus.co.uk/news/14173153.Cyclist_killed_after_being_knocked_down_by_black_BMW/
"He (car driver) was arrested at the scene on suspicion of causing death by careless or inconsiderate driving."
I wasn't aware that inconsiderate driving was an offence. The problem with the words "careless" or "inconsiderate" is their definition, but presumably there is a legal definition?
"It takes a genius to spot the obvious" - my old physics master.
I don't peddle bikes.
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661-Pete
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Joined: 22 Nov 2012, 8:45pm
Location: Sussex

Re: Another Cyclist Death

Post by 661-Pete »

Yes, "causing death by careless or inconsiderate driving" is now a specific criminal offence, and has been for a few years now. I think it was brought in because it's not so easy to prove the more serious charge of "causing death by dangerous driving" in the Courts.

Tragic case. I hope the driver, if guilty of whatever charge is brought against him, is dealt with appropriately in accordance with Justice. Sadly some judges and magistrates have been too lenient in the past.
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hondated
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Joined: 27 Mar 2008, 7:59am
Location: Eastbourne

Re: Another Cyclist Death

Post by hondated »

Sadly yet another one down here. This road is on one of my cycle routes and not particularly dangerous although on more than one occasion I have been assailed by young motorists as I have cycled down it.
On one occasion one of them thought that it would be fun to let off a party popper in my face as they sped past me.

https://www.google.co.uk/#q=eastbourne+herald+news

Lets hope that 2016 brings far less deaths of cyclists and my condolences to all those that have suffered this year from the death of their loved ones.
sapperadam
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Joined: 9 Nov 2015, 1:25pm

Re: Another Cyclist Death

Post by sapperadam »

I've never understood the death by careless or inconsiderate driving offence myself. I definitely don't get why Death by Dangerous is difficult to prove. I do understand the legalities and all but the fact that a "Death by Careless" offence even exists is baffling. If the driving was careless enough to have caused a fatality, then clearly the driving was dangerous. Any "Death by ... Driving" should automatically be Dangerous driving if it is proven that the driver was at fault.
greyingbeard
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Joined: 24 Mar 2015, 10:41pm

Re: Another Cyclist Death

Post by greyingbeard »

Clever defence lawyers are very good ar confusing thejury, who are not legalexperts.
karlt
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Joined: 15 Jul 2011, 2:07pm

Re: Another Cyclist Death

Post by karlt »

sapperadam wrote:I've never understood the death by careless or inconsiderate driving offence myself. I definitely don't get why Death by Dangerous is difficult to prove. I do understand the legalities and all but the fact that a "Death by Careless" offence even exists is baffling. If the driving was careless enough to have caused a fatality, then clearly the driving was dangerous. Any "Death by ... Driving" should automatically be Dangerous driving if it is proven that the driver was at fault.


Consider the following scenario. Driver waiting at side road. Looks both ways. Looks again. Because of http://www.londoncyclist.co.uk/raf-pilo ... -cyclists/ he fails to see cyclist approaching. Pulls out. Cyclist hits wing, is thrown from bike, dies.

This would be death by careless driving. There is no intent. There was a failure on the part of the driver, but no conscious intent to drive in a dangerous manner.

Consider another scenario. Driver sees vehicle ahead moving slower than he is. Despite double white lines he overtakes on left hand sweeping bend. Collides head on with cyclist coming the other way who is killed.

This is death by dangerous driving. The driver intentionally drove in a manner he could be expected to know would be dangerous.

Do we really want to consider both these cases as equal?

The thing about driving is it's one of the few activities members of the public routinely take part in where a small error or oversight can have consequences out of all proportion to the error.
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