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Broken bike (CC licensed image by garryknight, www.flickr.com)Driver who paralysed 72-year old cyclist fined £80
The driver of a tractor which collided with a 72-year old cyclist in January has been fined £80 by Mold Magistrates' Court.
Rod Bartley, described as "one of the fittest people we knew" by his family, was out on a training ride on January 11, when a tractor controlled by Ian Francis turned right across his path.
Mold Magistrates' Court found Francis guilty of driving without due care and attention, and fined him £80, with an £85 costs charge, and six points on his driving license.
Mr Bartley's family argue that the incident which left Mr Bartley, from Mold in north Wales, with "catastrophic spinal injuries" and rendered him tetraplegic was deserving of a harsher punishment.
The 72-year old underwent 3 and a half months of rehabilitation at the Midlands Centre for Spinal Injury and now lives in a temporary home with wheelchair access and enough room to house his carers.
His family have said in a statement released this week that they are "very disappointed" in the punishment.
Mr Bartley's daughters Emma Johnson and Caroline Lloyd, are the behind the statement which tells of how difficult the time since the incident has been for both the 72-year old and his family.
“This has been the most difficult time in our lives and we are very disappointed in the sentence as we do not think it is reflective of the severity of the injuries our Dad has endured," the statement reads.
"At 72 our Dad was one of the fittest people we knew, his life revolved around his family and his love and passion for cycling and golf."
An avid cyclist and long-term British Cycling member, Mr Bartley's Strava profile page is a portrait of a passionate cyclist. The 72-year old didn't let the grim north Wales autumn and winter deter him from racking up near-1000km months from August through to October; even topping 500km in December and January.
In the 11 days between the start of 2016 and the incident that left Mr Bartley paralysed, he had already racked up 372km over five rides. The immediate drop off in activity and absence of rides since is a stark reminder of the severity of the Mold resident's injuries
The statement continues: “He now needs round the clock medical care from a team of carers who assist him with all aspects of his life. Words cannot describe how awful this has been for our Dad and the impact it has had on the whole family.
“Dad was an active grandparent to his four lovely grandchildren, he can no longer hug and hold them, play with them, collect them from school and be the independent man he always was."
Mr Bartley has appointed British Cycling's solicitors, Leigh Day, to pursue a claim for damages on his behalf.
Meanwhile, the family's statement concludes by speaking of their thanks for the emergency services, NHS and their team of carers, as well as their ambition to keep on living their lives.
“We will carry on with this new way of living, making Dad and Mum’s life the best it can be through the love and support of all of our family and friends," the statement says.
“We would like to thank PC Phil Paddock and North Wales Police for their support and professionalism, the NHS and all of the dedicated medical staff at Stoke and Gobowen, our case workers and our new team of carers.”
Rod Bartley riding his bike - image via the family's press release
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51 comments
Sadly the court punishment given falls exactly in line with the court sentencing guidelines for careless driving - and even appears to be leaning towards the upper-end with the 6 points.
It was a momentary lapse in judgement by the tractor driver ... it's possible for folk to look at junctions etc. and just not see you (try reading about Saccadic masking, scary thought for cyclists) ... so while it had a horrendous outcome the punishment is just about right in my book.
The tractor driver still has to live with what he's done, and his insurance will be paying out massively meaning he'll been paying for it for years through higher premiums (assuming he manages to get insurance).
It will seem like a slap in the face to the victim and his family, but the courts hands are tied by what punishment they can give. It's about time there was a change to include causing "death and/or life changing injury" by careless driving when vulnerable users are involved. Might make folk think a bit more when they are behind the wheel and give us a bit more consideration on the roads. I still don't think it should warrant jail-time, but a couple of years driving ban, extended driving test etc. should be an option.
Are you serious? This is exactly the kind of thinking that gets us into this ridiculous situation. Listen: motor vehicles are dangerous! If you want to drive one you better make sure you are capable and are concentrating. Some bollocks about a ''momentary lapse in judgement" is no excuse whatsover. We don't treat safety like this in any other situation.
If you accept that, as you clearly do, that it's trivially easy for an allegedly ordinary human to cause devastating injury using a motor vehicle, then surely the logical conclusion iis that we should not br allowed to use the things in public?
As for the sob stuff about the driver having to live with himself, if he's that heartbroken, surely he'll never want to drive again? You betting on this?
Everything deeforlife said is is true. It's understandable that it get's shot down but, accidents do happen. We are not designed to go at speed. And if you leave your emotions to one side, you will realise that for a normal law-abiding person, chances of getting 6 points + fine or being locked up is not going to factor into their day to day driving. Just like "I mustn't kill anyone" doesn't float round your head all the time. It's like going back to the dark ages and demanding an eye for an eye and frankly, that's far worse than someone making a mistake.
You have a point, and punishment is not much of a factor in deterring people from socially unacceptable behaviour, but it can demonstrate that society values its members with some degree of equality. This prosecution and punishment sends the powerful message that knocking off cyclists and seriously injuring them isn't that big a deal. It reinforces some drivers' perception that cyclists are just a nuisance and they can abuse them without society paying too much attention or receiving a realistic punishment.
Prosecution and punishment do have a role to play, a role our legal system spectacularly failed to fulfil in this case.
I sort of understand where your coming from, sort off. But the Guy didn't even have the decency to plead guilty and accept he did wrong. Id like to think a prvate prosecution will follow. And for the life of me why wasnt the charge Causing Serious Injury Through Careless Driving?
FTD'83
There is no such offence on the statute book, so he couldn't have been charged with it. If he had killed the cyclist, he could have been charged with Causing Death by Careless or Inconsiderate Driving. There is also the offence of Causing Serious Injury by Dangerous Driving but the prosecution didn't charge him with this.
There is a glaring omission in our legal system, and perhaps it should be possible to charge a driver with Causing Serious Injury Through Careless or Inconsiderate Driving?
http://www.cps.gov.uk/legal/p_to_r/road_traffic_offences_guidance_on_pro...
how about the offence of wanton and furious driving under section 35 of the Offences Against the Person Act 1861.
"Committed when bodily harm (i.e. injury) is caused to any person as a result of the manner of driving of a suspect and is not limited to motor vehicles but covers any kind of vehicle or carriage including bicycles.
It is an offence triable only on indictment (except when committed by a youth).
The offence carries a maximum penalty of 2 years imprisonment and/or an unlimited fine. Penalty points and discretionary disqualification can be imposed by the courts under section 28 of the Road Safety Act 2006.
The offence can only be committed if the driver has a degree of subjective recklessness so far as the foreseeabilty of causing injury is concerned. In other words, he or she must appreciate that harm was possible or probable as a result of the manner of driving"
turning right in to a cyclist, whilst driving a tractor, cannot remotely be assumed to be anything but reckless and serious injury was the absolutely forseeable outcome.
equally could you not couple a careless driving charge with a GBH charge
The justice system has failed Mr Bartley. How are cyclists supposed to feel safe on our roads when this is the 'punishment' being handed out...?
Punishment?
That's an admin charge!
Just to be clear:
"Tetraplegia, also known as quadriplegia, is paralysis caused by illness or injury that results in the partial or total loss of use of all four limbs and torso" Wikipedia
That is a human life that has been devastatingly impacted by someone found guilty of driving without due car and attention, and now apparently without meaningful consequences to the perpetrator.
Words fail me. My only hope is that the insurance company are playing fair and not prevaricating on paying for Mr Bartley's rehabilitation and accomodation costs in the calculation that he conveniently dies before he costs them too much.
Mr Bartley, if you are reading this, it is my sincerest wish that you recover enough mobility to enjoy cycling in some form.
How can this not be dangerous driving? How is driving a tractor across the path of a cyclist and causing them to become tetraplegic not dangerous?
I think it's the difference between 'sorry mate, didn't see you' and 'it's just a cyclist, he'll stop in time'
Probably hard to prove in court so they just take the lesser route.
The law has failed Rod Bartley. And many others like him. It should be improved.
As usual, pretty much the correct sentence having regard to:
https://www.sentencingcouncil.org.uk/wp-content/uploads/MCSG_web_-_Octob...
Why? We still have no offence of causing serious injury by careless driving. So in the absence of progressing on dangerous, this was always the potential outcome.
And it sucks. But it's what we have. And that needs to change because it's unacceptable.
Now, of course, the civil claim will be a slam dunk.
This makes me want to cry.
c.25 years ago I was caught driving too close to the car in front whilst also speeding (about 85mph) on the M1. I was fined £250 which was a shit load of money to me at the time. There was no collision, just me being a young knob. I held my hands up in court, no argument, I shouldn't have been doing what I was doing.
How can completely fucking up someone elses life cost £80?
How can the costs be more than the punishment?
And at the risk of sounding very callous, the cost to the tax-payer of providing the care that this gentleman will need for the rest of his life?
I can only agree with your sentiments, but at least the driver's insurance will be paying for the care of the victim, not the taxpayer.
Or more accurately, all other policy holders will have their premiums increased slightly to pay for that claim. Meanwhile the driver will lose his no claims bonus, but as it's a farm vehicle it's just a business expense anyway, adding marginally to the overdraft the farm inevitably has.
Not even a slap on the wrist. From the initial charge of driving without due care and attention to the prosecution to the punishment, justice has been denied. Isn't there yet another examination of road law and the level of punishment going on? I'm sure it will make all the difference, just like the previous half a dozen did.
Incredible that someone as fit and healthy as this 72 year old can have their life shattered by the indifference and incompetence of a driver, and society doesn't care.
On the slightly less gloomy side, the driver's insurance will be paying vast amounts of compensation, as if money could possibly compensate, and he'll find it very difficult to get insurance.
Un-f**king-believable.
Hope Leigh Day push for a sentence review as well as pursuing the civil claim for damages.
Punishment? That's an endorsement.
WTF.
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