calum said:spindrift said:The driver of the vehicle killed a cyclist through carelessness,...<
Just how did you establish that?
Calum
From the report I linked to above.
It's the old, old story:
The tragic case of Timothy Sanders
Is is now unofficial 'official policy' that cyclists use 'A' roads
entirely at their own risk?
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.
Although the driver was using a 'hands free' set extensive research
has shown that even when using such a set, drivers reaction times are
even worse then those for drivers with a blood alcohol level higher
then those allowed under UK law (which are the highest in Europe).
Again the driver actively chose to engage in behaviour that posed a
potential risk to others and after running the cyclist down admitted
he hadn't 'seen' the cyclist until he was only 10 yards away.
Sanders was left with catastrophic spinal injuries that means he was
left with 'Locked in Syndrome'. This meant that although his mind was
alert he has no control over his body and could not even breathe
unaided. He was looked after in a unit in Germany that specialises in
such injuries.
The court awarded the cyclist £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!
Tragically, after almost 2 years in hospital, Timothy Sander's
condition declined rapidly once he realised he would spend the rest of
his life in this condition and he died.
Absolutely no charges 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 and it was established that
the driver had drifted over the nearside lane marking.
The main reason for this lack of action was that it turned out that
the main witness to the crash- a female motorist who was parked in a
lay-by had an 'issue' with cyclists and argued that the cyclist was to
blame for using a 'busy' road.
This was enough for the CPS to abandon any attempt to hold the driver
to account, even though there was little doubt he was in the wrong.
This case, along with many similar instances of cyclists being killed
or seriously injured whilst using 'A' roads, suggests that the police/
the Courts/ the CPS and others are now of the opinion that no driver
can be held to be responsible for the death or injury of a cyclist who
uses an 'A' or even 'busy' road.