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Birmingham cyclist killed as motorist overtook parked cars

Driver sentenced to two-year community order

A 41-year-old woman has been sentenced to a two-year community order after admitting causing the death of a cyclist by careless driving. Tammie Morrall hit and killed 21-year-old Nicky Brinton as she drove on the wrong side of the road to pass parked cars in Harborne.

The Birmingham Mail reports that Brinton was riding with his brother and a friend at around 6.30pm on November 11 when Morrall, who was taking her daughter to a local Brownies meeting, overtook two parked cars in Gillhurst Road.

Brinton’s friend, Dave Green, said he became aware that the oncoming car was at the “wrong angle” and was heading towards them. Mitchell Brinton said he saw his brother brake hard to avoid hitting Green’s bike, only to fall off in front of Morrall’s car.

A collision investigator concluded that Morrall’s Ford Focus had been too far over on the opposite side of the road.

The court heard that all three riders had been wearing fluorescent clothing, and writing on Facebook shortly after the incident, Mitchell Brinton said all three were also riding with lights.

Sarah McCormack, defending, said: “It was a moment of inattention, over steering as she went past the parked cars that led to her being too far over. She has been completely traumatised by the consequences of that poor driving and will continue to be for ever.”

As well as the two-year community order, Morrall was banned from driving for 12 months, fined £250, and ordered to pay £185 costs and a £60 victim surcharge.

Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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32 comments

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burtthebike | 7 years ago
7 likes

It is so sad that a moment's inattention can lead to the death of a completely innocent person.  As I'm sure everyone on this forum knows, such incidents are far from rare, and such tragic consequences are only avoided by luck or the quick reactions of the threatened party.

Two questions occur to me: what is society doing to address this significant problem, and is this punishment proportional?

One the first, society is doing something to improve the safety of vulnerable road users, with increasing numbers of 20mph zones, but enforcement of these limits and other road laws is poor, with dangerous driving, mobile phone use and even dangerous parking unlikely to result in any action.  We really need significantly higher levels of enforcement of road laws to protect pedestrians and cyclists, the victims of drivers who do not consider the safety of other road users to be an important consideration.

The second question about the proportionality of the punishment is of less concern as the data shows that the severity of sentences do little to deter other potential offenders, but a punishment seen as realistic by the victims can at least bring closure for them.  In this case, it is not clear what the two year community order involves, but the 12 month driving ban cannot be seen as realistic.  A person who has killed another by their driving should be banned for life, not for a year, and by giving such minor punishments, society is devaluing the lives of the innocent.

How can we take action to change things?  Well, the Road Justice Campaign is a good start http://www.roadjustice.org.uk/

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the little onion | 7 years ago
6 likes

"a moment of inattention" to swerve into the wrong lane without noticing that there were MULTIPLE cyclists, with LIGHTS and FLOURESCENT CLOTHING! That's not a minor lack of care whilst driving, like accidentally nudging a bollard whilst reverse parking, that is utter negligence.

 

A 12-month revocation of the driving license is a woefull response.

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