Cyclists, accidents and the law
12-March-2010
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Cyclists, accidents and the law

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You're driving your car along the road and come across someone in the road. You then stick your head out the window and yell to them, "move because I'm not stopping.."  For whatever reason, they're still in your way and there's a collision as a result.  If they subsequently lost their life because you ran into them, you'd expect the judge to throw the book at you wouldn't you?  You'd expect no less than to spend a very long time sharing a small space with a big guy called Ron and quite rightly so.

So why is it then, that a cyclist who did exactly this gets off with a £2,200 fine? (source: BBC News)  It just doesn't make any sense and as the father of the young girl in this case said, the punishment was "laughable".  Well I for one agree with him.  It's about time the law was changed so that cyclists are as accountable for their actions as any other road user.

It's a few bad apples that spoil cycling for everyone

Cyclists give way to pedestrian sign

I've lost count of the number of near misses I've had with selfish cyclists over the years myself, particularly as a pedestrian in places like Oxford and London.  Some of these idiots think they have priority over everything else around them, pedestrians, cars, because they're all treated with the same contempt.  A quick ring of the bell and everything and everyone is supposed to get out the way.  As for traffic lights, pedestrian crossings and pavements, they're all treated as cycle paths by these arrogant and selfish cyclists.

I'm not pointing the finger at all cyclists because I am aware that the vast majority of them are law abiding and considerate.  It's a few bad apples that spoil cycling for everyone and by the way, I don't advocate a change in the law to such a degree that cycling becomes inaccessible.

Accidents involving cyclists, and in particular relatively rare cases where pedestrians have come to harm should be at least be treated as seriously as they deserve to be.  What say you?


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Why shouldn't cyclists have to be insured and have registration plates so that they can be identified when they break the law by cycling on the pavement?

They should also have to pass a proficiency test before they are allowed to cycle as many have no skills whatsoever.
*Julie  19-Nov-2009 14:05

 
Why do cyclists think that imperiously ringing their bell when they ride up behind someone on the pavement means that everyone should scurry out of their way?

Quite apart from the fact that they are illegally cycling on the pavement does it not occur to them that the person may be deaf? No, it doesn’t so they just scare the life out of them riding by at speed or just “clip” them any way and blame then for not getting out of their way.

Don’t you just love the way they use the word “clip” by the way? It sounds so trivial, almost friendly, when the words they should be using are hurt, frighten and injure.
*Flora  01-Oct-2009 12:23

 
You are 100% right in all respects. Ringing the bell you say.What bell? Take a look around and see how many bikes have a bell. As for ignoring traffic lights and pedestrian crossings, if motorists did they would soon end up in court. Then there are the good ones, in the majority I feel.
*Les.L  24-Aug-2009 20:35

 
All road crashes should be treated with the seriousness they deserve. Have you ever looked at the sort of paltry excuses for punishment that get handed out to killers whose weapon of choice was their car? It would be laughable, were it not so tragic.

You may have lost count of the number of times you were 'nearly' injured by a cyclist, but how many times have you actually been injured? How many times have you 'nearly' been injured by a car. Far, far more deaths are due to motorists, and it doesn't help to bring up the tiny proportion caused by cyclists. The problem is, we've already accepted that cars kill, and view it as an unexceptional fact of life, in a different category to those caused by outrageous biking. This only goes to show quite how dangerous motoring actually is.
*MB  08-Aug-2009 23:26

 
I'm a cyclist, driver and pedestrian. And in every one of these groups, I see stupid things being done. If the action is dumb and only impacts the perpetrator, no harm done. But in many, if not most such cases, someone else pays the price for another's inconsiderate behaviour. Car drivers parking on pavements and restricted zones. Pedestrians stepping out without looking or caring about theirs action, including pram pushers waiting at the kerb, with the pram/buggie hanging out over said kerb. Cyclists riding on pedestrianised areas, (including pavements, steps & underpasses). Each may make the same excuses:
"It's not doing any harm."
"It's easier that way."
"It's dangerous on the road/path, so I ride where it's safer."

But unseen/not bothered by the perpetrator/s, there is a harm, it's only easier for some and 'safer' for who? Whether the perpetrator knows or cares is not the problem. The problem, is that all to often such reasoning/actions, have a detrimental effect on the wellbeing of others.

And if the powers that be, are too weak willed to enforce what is just. I see no good way out for the innocent.
*Kryton  21-Apr-2009 13:53

 
These people who forever moan about cyclists should get on a bike and commute for a while. They will then see a different perspective. Car drivers (a small percentage) are the most arrogant, aggressive, bullies. They will push passed you forcing you into the gutter, never leave you adequate space when overtaking (the Highway Code says to give same space as you would when overtaking a car) just sailing past with mm's between my flesh and their ton of steel because they can't be bothered to be held up for a second. Should I need to pull out unexpectedly to avoid a pothole etc I will be crushed. It is the drivers responsibility to give space with a safety margin yet? Also the arrogance of motorists who look down on cyclists as some kind of lesser qualified road user who has not a clue how to use the road. Speaking for myself I have had a car and motorbike licence for 20 + years (clean) and I know many cyclists with similar qualifications so don't get on your high horses. We know the rules of the road as well as you do!
*anon  29-Mar-2009 20:36

 
I myself cycle 20 miles every saturday and all I get is some lunatic boy racer or old pensioner up my backside constantly rolling backwards and forwards and then eventually deciding to overtake me on the windiest of roads and almost knocking me off. It makes me sick to heard people complaning about cyclists getting in thier way. some people think they own the road! Why don't people cut us some slack for once!
* power rangers  25-Mar-2009 18:14

 
I feel very aggrieved when I see cyclists riding on the pavements without due care or fear of apprehension. I think the majority (particularly the young and new innigrants who don't know any different because they see it all the time) think they have a right of way at the expense of the slow, infirm, visually impaired - you name it!

I have had my glasses broken due to a cyclist riding into me at a busy pelican crossing at Kingsbury Station, and one almost running into me about a week ago on a blind corner by North Wembley Station (notorious for bikes on the pavement - I have seen cyclists trying to get through pavement full of mothers and tiny tots outside Wembley Primary School in East Lane at ten to nine in the morning). Earlier this year another cyclist nearly rode into the bus queue I was in, rode downhill at speed and knocked the shopping out of the hands of a middle aged lady coming out of Harrow & Wealdstone Station. The cyclist didn't even have the courtesy to stop - just swore and rode off!

Where are the authorities? Why are there no signs that can be pointed to? And - to be fair to cyclists - why are cycle lanes in such ridiculous places and start and stop so abruptly?
*Vin  30-Oct-2008 17:47

 
Just because someone rides a bike doesn't mean some mysterious psychological transformation occurs. The same cannot be said of people who drive a motor vehicle. The difference is presumably that on a pedal cycle, one's power is limited by one's own sheer physical strength. Whereas with a motor vehicle, the power is supplied by fossil-fuel and is limited only by the engine and stamina by the fuel tank- vastly more than any human. And of course, some idiots truly believe that it really takes so much more intelligence to press that little pedal – the accelerator, all the way to the floor.

Another difference, is that as a driver, one is somewhat hidden from onlookers and can lock the doors.

Clearly the imbecile who mowed-down the young girl needed a custodial sentence for what I believe to be manslaughter. The fact that a bicycle was involved is irrelevant. But as Mr Bumble said 'The Law is a ass!' [sic].

The fact remains that such incidents which involve bicycles are incredibly rare and a tragedy for the victim and her family. But this case was only newsworthy, because the manner of her death was so unusual, if she had been killed by a car, it would have only been reported in the local press. The real danger is presented by motor vehicles as attested to by the statistics. The chances of being killed by a motor vehicle is vastly greater than by someone on a bicycle.

The fact is that it is not unusual for motorists to collide deliberately with pedestrians, cyclists and other cars. As a pedestrian I have been pushed by a car; as a pedestrian and cyclist, I have been clipped by cars. Whereas it is most unusual for cyclist to do likewise.

As far as I'm aware, the case alluded to is probably unique and therefore effectively irrelevant from the point of policy-making. Such an event would seem unlikely to happen again for a very long time, at least I hope so, but in these times where people are so much more aggressive, who knows?
*Cyclist  25-Oct-2008 19:52

 
As usual strong opinion undiluted by fact. Youthful Griper hasn't read the Highway Code. Cycle lanes, even Mandatory cycle lanes are NOT mandatory for cyclists.

HC 61

Cycle Routes and Other Facilities. Use cycle routes, advanced stop lines, cycle boxes and toucan crossings unless at the time it is unsafe to do so. Use of these facilities is not compulsory and will depend on your experience and skills, but they can make your journey safer.

See 140
http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069837

HC 140

Cycle lanes. These are shown by road markings and signs. You MUST NOT drive or park in a cycle lane marked by a solid white line during its times of operation. Do not drive or park in a cycle lane marked by a broken white line unless it is unavoidable. You MUST NOT park in any cycle lane whilst waiting restrictions apply.

[Law RTRA sects 5 & 8]
http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070308

The chances are the cyclists concerned were adopting either the secondary road position ~1/3 of the lane width or ~ a metre from the kerb, or the primary position ~ middle of the lane or about 1.5 metre from the kerb. As described in Cyclecraft, the DfT recommended cycle manual.
*Cyclist  30-Sep-2008 22:53

 
The pedestrian zones where I live have restrictions for cyclists (and also delivery vehicles) so that between 10am and 5pm it is strictly pedestrians only. I should know - I got pulled up by 2 WPCs who happened to be strolling by at 4:55pm one evening! I learnt my lesson, now I have to do battle with buses, taxis and pedestrians who don't understand pelican crossings.
Most lunch times, however, the same pedestrian zone is litterd with the odd "idiot" cyclists but typically, no one of authority happens to be strolling by then to stop and warn them.
*cycloGRIPE  23-Sep-2008 16:11

 
I overtook a cyclist in my car on Saturday and was very tempted to honk at him, why?

The road has designated cycle lanes on each side. This cyclist thought he was too good for the cycle lane and stayed in the road. There were no obstructions ahead in the cycle lane so absolutely no reason why he wasn't using it.
*Youthful Griper  08-Sep-2008 18:21


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