fined £80

[FluffyChicken]

Re:

The fine is low, I would guess because blame (can't think of the correct term, I'm correcting an auto correct a day later) was not really found.
But what is the maximum fine a passenger opening a door and hitting a cyclist can have? by accident?

The death under a lorry is just an unfortunate circumstance.

Who knows what the lorry was doing or if the driver said "yes this is a safe parking position and it's fine to open the door just now".
The article doesn't say. (Being investigated)

It's easy to say they should be find more, but for what? An accident, poor cycle path design?
And to what end?

If they rammed the door open with intent timing it perfect to push them under a lorry, that is something different.

There is nothing to say in that article that a check for a bike wasn't made, but they just didn't see them?
Sometimes it isn't actually a fault of the person.

 

[k-rod]

besides ... the schmuck was just a bicyclist ...

 

[xerxes]

Re:

I'm surprised the van driver wasn't prosecuted. If you run into the back of someone, you're are assumed to be liable and driving too close, surely if you run over someone that comes to an unexpected stop, by being knocked off their bicycle, the same applies.

 

[k-rod]

Re:

I do believe that the concept of reasonableness comes into play, with the van/cyclist situation. For when travelling at a posted speed limit in/with the normal flow of traffic, having a body or item unexpectedly thrown into one's path from the periphery, is entirely different than following so closely behind the vehicle in front of you, that you can't stop should an emergency stop occur.

Its like a child running out from between two parked cars, and a driver of a vehicle who absolutely cannot stop in time because of the unexpectedness and instantaneity of the incident, provided they were following the law at the time, won't be held criminally responsible for the incident. In such a case, the driver of the vehicle is as much a 'victim' as is the poor bastid that gets hit and/or run over, and thus is not culpable.

Wrong place, wrong time.

I mean, if a vehicle driver were to be held responsible for every single incident on the road - even the unforseeable and/or unavoidable ones ... then speed limits the world over could be no higher than a walking speed!

That said, a driver or passenger in any car who fails to have a quick look to ensure there are no cyclists bearing down on them before they fling the car door open (entirely avoidable accident), rationally should be held responsible (imo) for the cyclist's injuries and damage (I'm pretty sure that here in BC, Canada, such is the case).

 

[xerxes]

Re:

Yes, but if the van was passing, or about to, he should leave 5 feet, which may have left enough room for someone to fall into the road and the van not hit him. If the van was following, but not attempting to pass, he's supposed to leave sufficient space to come to a stop in an emergency - the 2 second rule.

I know that in heavy traffic, it's sometimes difficult to maintain a nice safe gap between you and the vehicle in front, but surely extra effort should be made when following vulnerable road users, like cyclists. I know, as a cyclist, when I was driving I would take extra care around cyclists and not pass too close or tailgate them.

http://ukcyclelaws.blogspot.co.uk/p/ove ... lists.html

http://www.drive-safely.net/safe-following-distance/

 

[FluffyChicken]

Re:

Lots of speculation here.
It could be he was on a cyclelane, so no distance to the side* or behind would need to be left.
The lorry was in his lane, the taxis was parked in a taxi drop off point.

That's the point (and flaw) of many a cyclelane.

It could be he had filtered (about to) between the parked taxis and slow traffic.

If you can determine what had happened, how, if the Ms had any other fines/conditions other than the 'also costs and victim charge', from the bitty article then that's pretty good going.

 

[The History Man]

If my auntie had bollocks, she'd be my uncle. Nothing to see here.

 

[ed_phelan]

Re:

What a sad and tragic accident....