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content beyond the kerb about the casebook concluded cases all references search for tag archives concluded alan cronin 11 june 2015 bez references on delicious incident summary collision with fiat van at junction 7 of the a483 northbound legal summary damian niepieklo arrested on suspicion of causing death by dangerous driving failing to stop after an accident and failing to report an accident and was remanded in custody the cps dropped the charge of causing death by dangerous driving but niepielko admittied causing death by careless driving he was also found guilty of failing to stop or report an accident by magistrates at wrexham magistrates court he was sentenced by judge rhys rowlands on october 2 to 12 months imprisonment and a two year driving ban area north wales casualty cyclist concluded cycling fatalities 2015 location type dual carriageway severity fatal vehicles van vs pedal cycle april reeves 28 may 2015 bez references on delicious incident summary collision with car driven by peter farmer on a371 locking moor road weston super mare april was on the cycle path immediately adjacent to the road which has a 60mph speed limit and lost control of her bicycle while apparently struggling with her gears she fell across the kerb into the path of a vehicle and was struck suffering fatal head injuries legal summary at an inquest coroner maria voisin gave a verdict of death by road traffic accident and ruled that farmer was not in any way to blame she said she would write to north somerset council to discuss measures they could take to prevent future deaths on the road comment this incident serves as a prime example of why simply creating a lane for bicycles and indeed pedestrians alongside a fast road is inadequate in order to prevent pedestrians or cyclists falling into the carriageway the carriageway and or footway must be separated by at least some distance and ideally by some raised feature additionally although not a factor in this case a major barrier such as armco is required if motor vehicles are to be prevented from leaving the carriageway where speeds above 30mph some might argue even lower there is a very high risk that once an incident such as this starts to unfold it will end in serious injury or death if there is no such separation from the carriageway it is worth noting that incidents of this nature have myriad causes including human error which particularly affects the young medical episodes which particularly affect the old loose animals mechanical failure and so on highway designs such as the one used in this location serve to punish basic errors or simple misfortune with death and any continued implementation of them should arguably be considered negligent at best given the prevalence of the design to punish factors that are more prevalent in those of particularly young or old ages it is also arguably discriminatory area somerset casualty cyclist concluded cycling fatalities 2015 location type cycle path severity fatal vehicles car vs pedal cycle abdul mahad 25 march 2015 bez references on delicious incident summary mahad was crossing the a45 coventry road in sheldon at a marked crossing on his bicycle when he was struck by a toyota driven by david belle 65 he sustained serious injuries and later died in hospital belle had misunderstood the traffic lights observing the green lights for a slip road to his side but not the read lights controlling the crossing legal summary belle admitted causing death by careless driving he was banned from driving for one year given 100 hours unpaid work and received a 12 month suspended sentence suspended for 18 months area west midlands casualty cyclist concluded cycling fatalities 2015 location type urban road severity fatal vehicles car vs pedal cycle tony ashcroft 13 march 2015 bez references on delicious incident summary collision with green citroen saxo on the a510 near the junction with sidegate lane at wellingborough northamptonshire sustained injuries which proved fatal the following day ashcroft was struck from behind by driver angela willshire who did not see him despite his lights and high visibility jacket and who could not explain her error at the time her licence had been revoked by the dvla for reasons unknown but she was allegedly unaware of this a collision investigator estimated that aschroft would have been visible to willshire for more than five seconds prior to the collision legal summary willshire was convicted of causing death by careless driving on 23 november at northampton crown court she was sentenced to five months imprisonment of which she is likely to serve half and was banned from driving for two years area northamptonshire casualty cyclist concluded cycling fatalities 2015 severity fatal vehicles car vs pedal cycle james stephenson 1 january 2015 bez references on delicious incident summary involved in multiple vehicle collision on the a3 southbound at bramshott hampshire thought to be around the point where the pavement cycle path comes to an end legal summary a 33 year old waterlooville man was arrested on on suspicion of causing death by careless driving and bailed until 8 april but hampshire police concluded their investigations with no further action an inquest is due comments the particularly poor quality of cycle provision at this location is notable it leads people for over 1km along a pavement alongside the carriageway before simply ceasing dumping cyclists into a 70mph dual carriageway further comments pending inquest area hampshire casualty cyclist charge none concluded cycling fatalities 2015 location type dual carriageway severity fatal vehicles car vs pedal cycle gwyn lloyd jones 7 november 2014 bez references on delicious incident summary struck by pedal cycle ridden by richard eakins on a rural lane at cilcennin being hit at 25mph and suffering fatal injuries the conditions were reported to be dark with heavy rain with poor street lighting legal summary no action was taken against eakins area cardiganshire casualty pedestrian charge none concluded location type rural road single track severity fatal vehicles pedal cycle vs pedestrian william logan r v whitmarsh 28 april 2014 bez references on delicious incident summary collision with car driven by sophie whitmarsh on the a334 at curdridge hampshire logan approached a junction where a side road joins from which whitmarsh proceeded across the give way line this left logan unable to avoid a collision and sending him across the car injuring him fatally legal summary whitmarsh was charged with causing death by careless driving and pleaded not guilty the trial at southampton crown court began on 20 april 2015 and whitmarsh was found guilty on 24 april notably the judge notably aired comments from the jury regarding the nature of the junction and the rate of recorded incidents at the location on may 12 2015 whitmarsh was sentenced to a 12 month community order with six months supervision a 100 hour unpaid work order and an 18 month driving ban and was ordered to pay 1 000 in costs comments this case illustrates a few points firstly the contributory factors of a high risk location and substandard driving are not mutually exclusive as queried by the first comment on the report of the verdict it is quite unreasonable to expect all junctions to be optimal indeed it is unreasonable to expect any to be perfect and it should be reasonable to expect drivers to deal safely with sub optimal junctions secondly we see again the phrase a momentary lapse of concentration common in no small part due to its explicit mention in the sentencing guidelines which is in most cases and i intend no specific implication in this case a euphemism for a momentary lack of luck when doing something habitually unsafe this is often attributable to the third point thirdly the scenario described in reports of the event is one which can often be caused by lack of awareness of saccadic masking and other visual cognitive issues it is my firm belief that any education for road users particularly users of fast and or heavy ie almost all motorised vehicles should place significant emphasis on making students aware of natural shortcomings and teaching and enforcing techniques which address them in other words looking more than once moving one s head and so on other than where drivers are wilfully distracted by phones or other means the incidence of smidsy collisions can only really be reduced by the habituation of such techniques note particularly that whitmarsh said i looked absolutely everywhere i could i couldn t have done more it s easy to wonder whether looking everywhere did indeed involve looking everywhere from multiple head positions or whether it was just glancing in each direction once if one isn t aware of the cognitive shortcomings that we all share then of course there is no reason to suppose that one could have done more in other words if you think looking in any given direction means you see everything in that direction whether or not your retina receives the necessary photons then you re inevitably going to think that s all that s required it s not and people need to be not just informed of this but habituated to address it in short the system allows well meaning people to believe that a certain degree of diligence is safe when in actual fact it is not whilst there is culpability in carelessness of this nature the only useful way of addressing it is to address the system because as described in the article linked above our individual brains are wired to misrepresent our perception of a scene as a final note although this appears not to have been a factor in this incident this highlights the need for cyclists in the absence of good quality infrastructure to have the full width of the lane available when approaching and passing a junction the intrusion of a vehicle from a side road even at low speed can have fatal consequences if it is not possible to swerve to avoid it it is best for a cyclist to move towards the centre line on approach but this option can easily be made unavailable if drivers behind are passing or are close enough or approaching rapidly enough to suggest that a pass is imminent it is important to note that a junction of any kind is a potentially hugely dangerous place to pass a cyclist even if the road ahead is entirely clear area hampshire casualty cyclist charge causing death by careless driving concluded factor failed to see victim guilty causing death by careless driving location type rural junction severity fatal vehicles car vs pedal cycle terry brown r v rollason 18 february 2014 bez references on delicious incident summary brown was struck from behind by michael rollason on warrington road bold heath at around 0635 on 18 february 2014 it was dark at the time but the road was well lit and brown was equipped with a flashing red red light and a high visibility jacket brown sustained multiple injuries from which he died in hospital later that day his bike was split in two by the force of the impact and was found on the top of a hedge rollason fled the scene and parked his car with the damage obscured from view when arrested on 18 february he claimed that he thought he had struck a wheelie bin which had been blown into the road as he did when speaking to his insurance company the day before when he also apparently claimed that the collision had occurred on 17 february legal summary rollason was initially arrested on suspicion of dangerous driving and leaving the scene of an accident but following brown s death was charged with causing death by dangerous driving he was found guilty by a unanimous verdict and was sentenced to seven years imprisonment and an eight year driving ban it was noted that rollason had a previous criminal record including drink driving and other motoring and theft offences comments one aspect of this case is particularly notable and that is the prosecution s pursuit of the dangerous driving charge rollason pleaded guilty to causing death by careless driving at the start of the trial and more interestingly the jury s guilty verdict for it this is notable because from reports it seems that there was relatively little evidence that explained exactly how the collision occurred rollason chose not to give evidence in his defence and has offered no explanation as to what actually happened leaving mr brown s family without answers this prompts comparison with numerous other cases notably r v sinden 2015 where forensic evidence indicated a similar nature of collision with likely exacerbating factors in which a not guilty verdict was returned from rollason s sentence it would appear that the judge considered the offence to be level 2 with aggravating factors previous offences failing to stop and perhaps also consideration of the attempts to cover up the incident given the success of the more severe charge in this case it is perhaps worth digging further to see whether specific aspects of forensic evidence led the court to determine that this was a level 2 dangerous driving offence or whether this was largely governed by circumstantial and character evidence area merseyside casualty cyclist charge causing death by dangerous driving concluded factor hit and run factor struck from behind guilty causing death by dangerous driving location type urban road severity fatal vehicles car vs pedal cycle cases by date of incident january 2016 4 december 2015 4 november 2015 10 october 2015 9 september 2015 6 august 2015 10 july 2015 7 june 2015 12 may 2015 13 april 2015 9 march 2015 9 february 2015 8 january 2015 16 november 2014 2 july 2014 1 april 2014 1 february 2014 1 tags area buckinghamshire area cambridgeshire area cardiganshire area cheshire area devon area dorset area east sussex area essex area fife area gloucestershire area greater manchester area hampshire area humberside area isle of wight area lancashire area leicestershire area lincolnshire area london area lothian and borders area merseyside area norfolk area northamptonshire area northumbria area north wales area north yorkshire area nottinghamshire area oxfordshire area somerset area staffordshire area strathclyde area surrey area west midlands area west yorkshire area wiltshire casualty cyclist casualty driver casualty mobility scooter user casualty motorcyclist casualty passenger casualty pedestrian charge causing death by careless driving charge causing death by dangerous driving charge none concluded cycling fatalities 2015 cycling fatalities 2016 factor failed to see victim factor hit and run factor struck from behind guilty causing death by careless driving guilty causing death by dangerous driving location type cycle path location type dual carriageway location type rural junction location type rural road location type rural road single track location type urban road mobility scooter fatalities 2015 prosecution no severity fatal vehicles bus vs pedal cycle vehicles car vs 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