Driver kills 2nd cyclist, avoids prison

[Dalakhani]

Recent news from Edinburgh, Scotland:

"A motorist with a previous conviction for causing the death of a cyclist has been given a community service order after he hit a second cyclist who later died."

http://www.guardian.co.uk/world/2013/may/03/motorist-kills-second-cyclist-edinburgh

http://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-22397918

 

[Cycle Chic]

Another victim

I just dont understand this 'careless driving' law'. If one wanted to kill someone, one would buy them a bike for their birthday, wait til one saw them on the road and accidentally hit them... no punishment - and mission accomplished.

INSANE.

 

[rolfrae]

Recent news from Edinburgh, Scotland:



http://www.guardian.co.uk/world/2013/may/03/motorist-kills-second-cyclist-edinburgh

http://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-22397918

One of the worst aspects of this sentencing was that the sherrif stated that the cyclist was partly responsible for her death because she wasn't wearing a helmet.

 

[Dalakhani]

One of the worst aspects of this sentencing was that the sherrif stated that the cyclist was partly responsible for her death because she wasn't wearing a helmet.

I suppose in the way a woman is partly responsible for being raped if she isn't wearing a chastity belt.

 

[Don't be late Pedro]

I used to find cycling in London not too bad because of all the bus lanes. If you were going to get hit it was most likely by a bendy bus.

In Sydney I almost swear that people try and veer into you just for the fun of it. The number of times I have nearly been hit here is insane given the period of time I have been here.

Again, bus drivers seem to have no ****ing clue but I am starting to think this is the same across the world.

 

[winkybiker]

In Sydney I almost swear that people try and veer into you just for the fun of it.

I think this a fair observation. Cyclists in Australia are hated like nowhere else in the world.

 

[rolfrae]

I suppose in the way a woman is partly responsible for being raped if she isn't wearing a chastity belt.

Exactly. Or if someone shoots you and you die it's your fault for not wearing a bulletproof vest. I hope the family of the victim appeal the verdict. This idiot driver will be back on the roads around Edinburgh (where I live) in five years time.

 

[86TDFWinner]

Jesus, with is wrong with people? Apparently the justice system sucks all over the world.

 

[coinneach]

There is a petition to encourage an appeal by the Lord Advocate against this sentence:

"CTC is asking you to support Mrs Fyfe’s family in their appeal against the sentence by sending a letter to the Lord Advocate in Scotland."

http://engagement.ctc.org.uk/ea-act...ea.campaign.id=20506&ea.tracking.id=AF-demail

Please take a minute to click on this

 

[StyrbjornSterki]

Jesus, with is wrong with people? Apparently the justice system sucks all over the world.

At least in California the they (on occasion) prosecute motorists for "road raging" against bicyclists. A mate of mine lives in Tennessee, where they enacted a law a couple of years back requiring motorists to leave a gap of no less than three feet when overtaking bicyclists. Since then, there have been at least three (helmet-wearing, adult) cyclists struck and killed by motorists, yet none of the three guilty drivers was charged with violating the "3-foot" law. Which obviously means either Tennessee prosecutors believe one can run over a bicyclist without approaching within three feet, or don't believe bicyclists deserve equal protection under the law.

What my mate really finds ironic is that the League of American Bicyclists ranks Tennessee as #2 among the southern United States in terms of "most bicyclist friendly." Which begs the question, how bleedin' dangerous must it be in those other states if Tennessee rates a second?

 

[Archibald]

I used to find cycling in London not too bad because of all the bus lanes. If you were going to get hit it was most likely by a bendy bus.

In Sydney I almost swear that people try and veer into you just for the fun of it. The number of times I have nearly been hit here is insane given the period of time I have been here.

Again, bus drivers seem to have no ****ing clue but I am starting to think this is the same across the world.

Sydney is a farce when it comes to driver attitudes. Every motorist believes they personally rule the road with no other road user allowed to be on that same road. In a country that prides itself on giving everyone a "fair go", they fall short of that by a mile once they get behind the wheel of their car...

This idiot driver will be back on the roads around Edinburgh (where I live) in five years time.

I doubt this - he'll have his first "driving whilst disqualified" charge within the next 6 months.

Driving Licences need to be taken seriously as the thing that grants you the priviledge of driving a motor car. Driving is not a right, it's a priviledge.

 

[Merckx index]

One of the worst aspects of this sentencing was that the sherrif stated that the cyclist was partly responsible for her death because she wasn't wearing a helmet.

I suppose in the way a woman is partly responsible for being raped if she isn't wearing a chastity belt.

Exactly. Or if someone shoots you and you die it's your fault for not wearing a bulletproof vest.

Whoa! It’s possible to believe the driver is completely at fault here, and still blame the victim for not wearing a helmet. The analogy to rape or being shot is seriously flawed. A woman can’t be accidentally raped, and accidental shootings are rare enough so that one can’t be expected to wear a vest all the time. But accidents on highways are quite common, and it’s frankly idiotic to ride a bike on a public road without a helmet, which is not at all inconvenient or cumbersome in the way that a vest or chastity belt is. In some places here in America it’s in fact illegal. Would you say that someone not wearing a seatbelt who is thrown from a car during a collision with another car, and dies, is not partly responsible for his death, just because the other driver was at fault? If you can prevent or significantly reduce the chances of serious injury or death with a very simple precaution are you not going to do it just because some other driver shouldn’t have hit you in the first place?

I’m not saying the fact that this woman didn’t wear a helmet excuses the driver. (Neither, it seems, is the sheriff). It sounds like the driver is guilty of negligence. But most of us are negligent on occasion, and given that this is an irrefutable fact of life, anyone who goes out riding without a helmet is taking a wholly unnecessary risk. Accidents happen, sometimes they are the driver’s fault, sometimes they are the cyclists fault, sometimes they are really no one’s fault.

Edit: If you want a really good example of criminal intent on the part of a driver towards a cyclist, how about this:

A vicious assault nine days ago left Eli Reyes with a broken femur and a number of deep cuts and bruises. She'd been riding her bike through downtown Oakland in the wee hours of the morning when an angry motorist pulled up at a red light, grabbed her through the open window of his truck, and dragged her across the intersection of 14th Street and Broadway.

Reyes fell off her bike, and the truck ran right over her legs. She had surgery at Highland Hospital, where doctors put a metal rod in her femur.

According to the couple, the driver sped off, leaving an injured Reyes behind.

And according to another story on the incident,

Word on the street is this specific driver has a “thing” for cyclists and has attacked them in the past

 

[StyrbjornSterki]

I do not believe in helmet laws or seat belt laws. People should have the right to be as stupid as they choose. However, insurance companies should not have to be liable for claims based on acts of stupidity (because the insuror then just passes the cost of one client's stupidity along to the others). Besides, there's lots of decent folk in need of transplant organs, and too few donors to go around.

That said, that she was not wearing a helmet does not of itself prove that her failure to wear one contributed in any way to her death. Her proximate cause of death was falling to the tarmac after being struck by a car, not the fact of not wearing a helmet. The Guardian article stipulates that the Sheriff -- whose opinion appears to be the sole basis for the shared liability claim -- is not an expert in accident reconstruction. Nor is there any indication he knew/knows the cause of her death, specifically whether it was brain or brain stem damage. The victim held on for two days, which is a significant fact because that is the typical length of time the kidneys require to shut down after a serious blow to the abdomen. And a fall from a bicycle onto macadam could be considered a serious fall for a 75-year old woman.

It would be just as logical -- and much more likely -- to argue that her age was a contributing factor in her death. She never should have lived so long to grow old and frail, that's fair begging for trouble. Not to mention, if she'd died 10 years ago, this accident never would have happened.

 

[winkybiker]

But accidents on highways are quite common,

No they're not. Depressingly common are collisions that are the result of impatience, aggression, negligence, inattention, incompetence, poor judgement, distraction and even criminal intent, though.

Whatever the are, they're not "accidents".

 

[RedheadDane]

Have to say that it's stories like this that makes me really grateful for living where I live!
You guys stay safe out there. Counts for the girls as well!

 

[Boeing]

Been on the mountain bike a lot more these days.

 

[movingtarget]

This is appalling. The person is a menace on the road and should lose his licence and receive a much more severe sentence. What was the judge thinking ?

 

[Microchip]

I do not believe in helmet laws or seat belt laws. People should have the right to be as stupid as they choose...

That's true.

However, someone's stupidity always takes a toll on others. For instance, medical resources can be saved when there's a law on helmets and seatbelts. Not wearing one can end up engaging more resources (and perhaps personnel) than necessary, had the person been more careful about their own safety.

 

[hiero2]

At least in California the they (on occasion) prosecute motorists for "road raging" against bicyclists. A mate of mine lives in Tennessee, where they enacted a law a couple of years back requiring motorists to leave a gap of no less than three feet when overtaking bicyclists. Since then, there have been at least three (helmet-wearing, adult) cyclists struck and killed by motorists, yet none of the three guilty drivers was charged with violating the "3-foot" law. Which obviously means either Tennessee prosecutors believe one can run over a bicyclist without approaching within three feet, or don't believe bicyclists deserve equal protection under the law.

There is another possibility, and I think it is the most likely. In my experience, it is most likely that those prosecutors were not aware of that particular law, or they did not believe they could get a conviction under it. Or the officers on the scene were not aware of it. They would be the ones to hand out the infractions and list "cause" in the report. Ignorance of cycling pertinent laws is rampant in Tennessee - I rode there for many years. Once beat a ticket by simply pointing out the pertinent (and correct) law to the judge.

What my mate really finds ironic is that the League of American Bicyclists ranks Tennessee as #2 among the southern United States in terms of "most bicyclist friendly." Which begs the question, how bleedin' dangerous must it be in those other states if Tennessee rates a second?

Pretty bad. But there are tons of roads in Tennessee that are great rides - and where drivers are mostly tolerant. CA is mostly better for driver tolerance, I've ridden there, but there are some roads that I would never touch (e.g.: almost all of 2-lane Hwy 1, or 156 just north of Castroville), and little in the way of reasonable alternatives. Nice thing about the mid-south is that there is almost always a more lightly traveled reasonable alternative. GA can be ok, but I've seen plenty of hostility there, and major sections of FL, not going there. So, I'm not surprised at the LAB ranking.

 

[Archibald]

That's true.

However, someone's stupidity always takes a toll on others. For instance, medical resources can be saved when there's a law on helmets and seatbelts. Not wearing one can end up engaging more resources (and perhaps personnel) than necessary, had the person been more careful about their own safety.

a prime example of this is smoking, hence all the government anti-smoking campaigns.

 

[frenchfry]

a prime example of this is smoking, hence all the government anti-smoking campaigns.

Not in France. I guess the governments don't want to upset the cigarette seller's lobby....

 

[stainlessguy1]

This is appalling. The person is a menace on the road and should lose his licence and receive a much more severe sentence. What was the judge thinking ?

Instead of community services work , this idiot should be made to ride a bicycle for the rest of his life. Maybe that will make him ride / drive and think more defensively.

 

[stainlessguy1]

RE-READ the article

http://www.bbc.co.uk/news/uk-scotland-edinburgh-east-fife-22397918

I just re-read the article and looked at the pictures .
It is quite obvious that Audrey Fife has quite some skill riding her bicycle as the picture shows: Her hands and arms properly positioned and her total position seems proper as well . She knows how to ride and isn't some part time commuter or by any means over the hill. The photo shows confidence in her task .
The photo of Gary McCourt on the other hand looks like a serial killer who's elevator doesn't go right to the top . The other option is maybe sociopath who has had to learn and study emotions since they wont come natural to him .
One thing a sociopath is good at is mimicking emotions and then acting their way through them.
These are the first things that came to mind, there is no way this guy is remorseful.
There should be some sort of psychiatric evaluation done here.

 

[rolfrae]

Update on this case, seems the lenient sentence is to be appealed against:

http://local.stv.tv/edinburgh/227573-crown-to-appeal-unduly-lenient-sentence-of-driver-gary-mccourt/

 

[delbified]

what purpose to driver's licenses even serve? it's really more of a qualification - once you've got it, no one can take it away from you.