Duncan Roberts

Take a look at this story and see if you think justice was served. The main points...



1. 25 year old woman is jailed for 4 years after she killed a 19 year old cyclist because she was driving and texting on her phone.

At first glance I thought, good. Then I read on and got too

2. The cyclist went through a red light.
3. The cyclists wasn't wearing a helmet.

Yes she was dumb and she wont ever text whilst driving again, which she would have if the accident hadn't have happened.. Yes she deserved to get some kind of punishment. However I can't help feeling a little sorry for her because if the cyclists was following the rules as well, it wouldn't have happened.

Scouse Express

My thoughts exactly. I thought way to go.........until I saw the cyclist ignored the red light.

I think a driving ban of five years + 500 hours of community service would be more appropiate, given the diminished culpability due to the actions of the cyclist.

In the US, cyclists ride on the sidewalk, ignore redlights and one-way streets without so much as a ticking off.:curse: & pedestrians can ignore "Don't Walk" signs in most States, also:curse:

Jim.

neil

Agree that the cyclist is at fault for going through a red light, but the fact the cyclist wasn't wearing a helmet is completely irrelevant. The speed she was doing the helmet would have been no use as they are only helpful up to about 14mph.

She was equally at fault, as it is also her duty to drive with appropriate care and attention, therefore if she was using the phone she is guilty of an offence as she could have prevented it, and I believe that would have been considered in court in determining punishment.

Edit: the cyclist wasn't given a chance to learn from his mistake, he paid with his life for something which was dumb and would probably never do again if he had survived, because she wasn't paying attention he didn't get that chance; if she had been she would most likely have either been able to avoid the collision or at least be slower at the point of impact which would have given him that chance to learn from a dumb mistake.

chicagojlo

A cyclist cut a red light here in Chicago this week and died and there were no charges brought against the driver. The cyclist was however taking part in an illegal street race at the time which played a part I think.

neil

If the driver wasn't doing anything illegal then it is right that no charges were brought, the illegal street race would be irrelevant if it were a simple case of a cyclist running a red light and getting hit by a driver driving within the law. There are very strict laws in the UK about the use of cell phones while driving (quite rightly in my opinion).

paddingtongreen

Running a red light should put 100% blame on the cyclist. If the driver was doing something illegal, they should be punished accordingly for that, but not for the result of the cyclists action.

neil

There could well be other factors that we don't know of such as the road layout - it could have appeared that the road was clear and plenty of pedestrians would maybe have crossed the road under the same circumstances. I doubt the same discussion would occur if it was someone on foot crossing the road when this happened, and a cyclist is effectively considered equivalent to a pedestrian in many circumstances.

Driving at 45mph in a 30 limit while texting is dangerous driving and ultimately that caused a death so that's what the charge was. In my opinion the same conviction should be given to drivers who get caught doing the same thing even if they don't cause a death or even an accident because it's bloody stupid and dangerous and shows the driver isn't mature or intelligent enough to be in charge of a vehicle.

Octang Frye

You wouldn't believe the cyclist asshats I see in downtown Denver.
Wrong way down one way streets, straight through red lights. Traffic control measures don't apply to them, obviously.

I have seen two or three people lay their bikes down in the intersection right outside my apartment. I have to think iPoddery is involved somehow.

paddingtongreen

It took place in the UK. Cyclists are not pedestrians there, they are subject to the rules of the road.

neil

Without knowing all the details of the case it's still impossible to say that she didn't deserve the punishment she got.

My main objection in the first place was the pointing out of an irrelevant fact that the cyclist wasn't wearing a helmet.

Both the cyclist and the driver made stupid (illegal) mistakes, one paid with their life, the other was found guilty of a charge relating to their actions. The implication that the cyclist was 100% to blame obviously does not stand up in a court of law in this case which is ultimately what counts here.

Bob

Depends if using a phone whilst driving is illegal in the state or not, around here it is, so she'd be buggered regardless, but if it ain't against the law in the state, it shouldn't legally make a difference...cyclist blew a light, simple.

Roland Hulme

psycholing - when irresponsible idiots climb on a bike and hare off with no regard to other road users, their safety, the safety of pedestrians.

Seen SO MANY idiot cyclists. Ever been to Oxford? All over the place. Dickheads, 85% of them. I've been knocked over a couple of times in Oxford and the bastards get up and yell at you - after riding into the back of you.

It's even worse in America because they ride on the sidewalk.

Ban cycles in towns and cities. That's what I say. God gave us feet for a reason.

neil

To pedal?

neil

You could say the same thing about drivers, should we ban cars from the roads too?

Roland Hulme

In New Jersey, probably!! That 85% statistic sounds about right.

This is an article I wrote while I was living in bicycle 'friendly' Winchester.