Hi folks,
This one really has got to me.
You might recall that on 14 February 2002 triathlete Timothy Sanders
was cycling past an intersection on the A3 near Guilford when he was
run down from behind by a driver doing 70 MPH who was in the middle of
a mobile phone call.
Sanders was left with catastrophic spinal injuries that means he was
left with 'Locked in Syndrome'. This means that although his mind was
alert he had no control over his body and could not even breathe
unaided. He was looked after in a unit in Germany which specialises in
such injuries. The court awarded him £8 million to be paid at
£250,000 a year to pay for his care, despite the 'defence' claiming
the cyclist should have used another route (even though there isn't a
direct alternative) or got off and crossed the intersection on foot!
No charges were brought against the driver even though the driver
admitted to the police he was using his phone and 'not seen' the
cyclist until he was only 10 yards away. It was also reported that the
police had not released the drivers name.
I was wondering how Timothy was doing and so traced and contacted his
solicitor, asking how he was doing, why no charges had been brought
and whether I was right in thinking that this case was perhaps more
evidence that the legal system is now of the opinion that cyclists
must use 'A' roads entirely at their own risk. I have just received a
reply...
Dear Mr Peel,
I am sure you will be sad to hear that Timothy died about 2 months
ago. Once he realised that notwithstanding the excellent treatment he
was receiving in the German clinic, there was no real chance of a
significant improvement in his condition whereby he could be self
sufficient he deteriorated rapidly. He remained wholly dependant for
all functions and was having increasing difficulty in communicating
even with an alphabet chart.
The answers to your questions I believe are as follows, firstly the
driver's name was not withheld. It was contained in the police report
and the driver was the named Defendant in the proceedings we issued
for Timothy. These were settled for the equivalent of 8.5 million
which was paid by the driver's insurers. The High Court approved this
settlement which was reached by negotiated agreement, so the courts
were wholly supportive of Tim's claim. The settlement needed the
approval of the court because Tim was a patient unable to manage his
own affairs. With the agreement of Tim's parents and for his
protection the monies were invested to provide him with enough capital
to build a specially adapted house, which was in the process of being
built when he died, and £250,000 for life. The prognosis for his life
expectancy was 10 years minimum.
After Timothy's death there was an inquest and the driver gave
evidence which was simply to the effect that he had not seen Timothy
until shortly before the impact and he had been using a hands free
mobile at the time.
The reason the Crown prosecution service (not the police officers who
felt there should have been a prosecution) decided not to prosecute in
the magistrates court was because a woman in a car on the slip road
had given a statement which said that she felt Timothy was negligent
simply by being on such a busy road. We spoke to her twice and she was
obviously hung up about cyclists, we later found out that she had been
involved and hurt some years earlier in an accident involving a
cyclist. She was the only witness who had a completely clear view, and
indeed other motorists were also hostile to Tim and wouldn't give us
statements, so the CPS decided not to risk a criminal prosecution. We
were glad of this because if the motorist had been acquitted it was
have affected Tim's civil claim.
We remain as always in Cycleaid willing to answer any legal questions
for cyclists.
Regards
Simon Holt
Snr panel Solicitor Advocate.
Cycleaid.
'... other motorists were also hostile to Tim and wouldn't give us
statements, so the CPS decided not to risk a criminal prosecution.'
Forget justice, the mob have now taken over...
I hope that Timothy's parents know just how much this case touched the
cycling community.
Howard.