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Devon bus driver hit cyclist while attempting to overtake – police say driver was given driver education at the roadside

“I wouldn't have even tried in a car,” says victim. “It was a really tight space”...

A Devon cyclist is appealing for witnesses after getting hold of footage of a 2016 incident when a bus driver hit him while attempting to overtake. Jarrad Huxtable, who has been out of work as a result of the injuries, says he has “no idea” why no charges were brought.

Devon Live – which has published the video – reports that on August 11, 2016, Huxtable was riding home from work when a Stagecoach bus driver attempted to overtake him in Fremington near Barnstaple.

"As I cycled past The Fox pub the bus started pulling out in front of me, forcing me over towards the wrong side of the road,” said Huxtable.

"Then, as I was cycling up the hill, the bus tried to overtake me in a position I wouldn't have even tried in a car. It was a really tight space. The bus subsequently hit me as it came past, causing a lot of damage."

Huxtable was treated at the scene by an ambulance and taken to hospital.

He suffered injuries to his shoulder, knee, elbow and hip and has undergone surgery on four occasions in the last six months.

"I am also now suffering from a condition called avascular necrosis,” he said. “We are awaiting test results to confirm that the crash was the cause of this, but at the moment we don't know.

"This has had a huge impact on my life - I had to stay off work for eight weeks, but when I returned I kept injuring my shoulder so I could no longer do the duties that were required. I haven't worked for the last year now and am currently on disability benefits.

"I've been in pain ever since the incident. I have to wear a knee support and have been taking codeine, tramadol and even morphine for the pain."

No charges were brought against the driver.

A spokesperson for Devon and Cornwall Police said an investigation was conducted following the collision.

"CCTV was reviewed and it was determined that the incident did not meet the threshold for a criminal prosecution.

"The bus driver was given driver education at the roadside from a specialist roads policing officer to prevent any recurrence of such an incident.

"All parties were kept fully informed about the decision. The Force has never received any complaint about this matter since the collision almost three years ago.”

Having requested the footage shot from a camera mounted on the side of the bus, Huxtable is now looking to take legal action against Stagecoach.

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15 comments

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alansmurphy | 4 years ago
3 likes

"The bus driver was given driver education at the roadside from a specialist roads policing officer to prevent any recurrence of such an incident".

 

So a bollocking (or discussion about stupid cyclists) will prevent the driver ever driving poorly again? Case closed.

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zero_trooper | 4 years ago
6 likes

What I don’t understand about this accident was that if the rider was seriously injured, which he was, then it should have been investigated properly.

That would mean interviewing both rider and driver. Well the rider was literally in no fit shape to be interviewed. If the driver was given advice ‘at the roadside’, it sounds like the police officers at the scene made the decision not to prosecute and to deal with it there and then. Hardly a considered investigation when someone was seriously injured!

The rider should get a decent solicitor and find out what the police actually did and didn’t do. 

 

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brooksby replied to zero_trooper | 4 years ago
5 likes

zero_trooper wrote:

What I don’t understand about this accident was that if the rider was seriously injured, which he was, then it should have been investigated properly.

That would mean interviewing both rider and driver. Well the rider was literally in no fit shape to be interviewed. If the driver was given advice ‘at the roadside’, it sounds like the police officers at the scene made the decision not to prosecute and to deal with it there and then. Hardly a considered investigation when someone was seriously injured!

The rider should get a decent solicitor and find out what the police actually did and didn’t do. 

 

Seconded. D&C say they did a full investigation, but that the bus driver was given a stern talking-to and no further action at the roadside (so, *before* any alleged investigation).

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Luca Patrono | 4 years ago
2 likes

The problem is juries. Jury trials in cases where drivers are put against alternative transport do not work, so there is little incentive to press charges. Law needs to be reformed for road offenses - all members of the jury must frequently use both modes of transport involved in the case. Only way to stop driver juries covering their own arses and convince police and CPS of realistic prospect of conviction.

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BehindTheBikesheds | 4 years ago
4 likes

Yet Devon police have prosecuted a driver for having too much rubbish in their footwell, the police are a disgrace, a cyclist doing this to a pedestrian would have seen them do jail time, this should have gone to the then IPCC.

When is the government going to do something over the polices unlawful inaction with respect to protecting the citizens of this country from those that kill and maim? The inaction/not upholding the law is costing lives and thousands of serious injuries on top of tens of thouands of minor injuries as well as the whole putting people off from cycling.

When are the cycling orgs going to take legal action against the government to force them to do soemthing as the whole thing is massively out of hand. I'd put a hefty chunk toward whoever decided to take the government to task.

Nobody gives a fuck unless it's a cyclist doing something wrong! 

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burtthebike replied to BehindTheBikesheds | 4 years ago
0 likes

BehindTheBikesheds wrote:

When are the cycling orgs going to take legal action against the government to force them to do soemthing as the whole thing is massively out of hand. I'd put a hefty chunk toward whoever decided to take the government to task.

Me too, but what do you suggest?  The Cyclists Defence Fund tried a private prosecution in the Mick Mason case when the police refused to even send the file to CPS, and although the judge agreed there was a case to answer, the jury dismissed the charges.

There was an interesting case a few days ago of citizens taking their government to court over their failure to tackle the climate crisis.  A few thousand of them got together and funded it, but it would be incredibly expensive in this country.

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BehindTheBikesheds replied to burtthebike | 4 years ago
2 likes

burtthebike wrote:

BehindTheBikesheds wrote:

When are the cycling orgs going to take legal action against the government to force them to do soemthing as the whole thing is massively out of hand. I'd put a hefty chunk toward whoever decided to take the government to task.

Me too, but what do you suggest?  The Cyclists Defence Fund tried a private prosecution in the Mick Mason case when the police refused to even send the file to CPS, and although the judge agreed there was a case to answer, the jury dismissed the charges.

There was an interesting case a few days ago of citizens taking their government to court over their failure to tackle the climate crisis.  A few thousand of them got together and funded it, but it would be incredibly expensive in this country.

The Mick Mason case was handled poorly, it should have been sent back to the police/CPS to change their minds, not take a private prosecution for the case itself. Spend time/money forcing the police/CPS to an internal investigation with respect to why they didn't uphold the law and standards that they've already laid out for other road users/members of the public when violently assaulted.

The families of the poor sods who were smashed into by an HGV driver saw the killer get 10 years in jail (which was lenient in itself IMO), many other cases were people are prosecuted (including Alliston), yet police discriminately and contra to their oaths blamed the victim and ignored the evidence. We saw how the four cyclists that were killed at Rhyll were treated by plod, lies by the Ch.Insp for one and a complete disregard for the logic of how an event like that and the absolute recklessness of the driver as to why that incident occured. Driving at almost 60mph around a bend in icy conditions and they still reckoned the bald tyres or no wouldn't have made any difference, well no but that speed in those conditions was disgustingly reckless that not just put others lives at risk but actually killed four people, plod yet again covering up for a motorist and refusing to prosecute/prosecute correctly.

Going by that standard then Alliston should have been done for a missing front brake and it be a Con and Use infringement, because the bullshit of the braking distance video done by the met was complete fabrication/not a true representation of events, not even close.

A better brief would have seen him walk free and the MET shown up to be the lying perverters of justice fuckers that they are.

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burtthebike replied to BehindTheBikesheds | 4 years ago
1 like

BehindTheBikesheds wrote:

The Mick Mason case was handled poorly, it should have been sent back to the police/CPS to change their minds, not take a private prosecution for the case itself. Spend time/money forcing the police/CPS to an internal investigation with respect to why they didn't uphold the law and standards that they've already laid out for other road users/members of the public when violently assaulted.

As I recall, the family in the Mick Mason case did try everything to get the police to send the file to CPS, but a senior officer reviewed it and agreed with the orginal decision, and the CPS had nothing to do with it.    The case wasn't handled poorly by taking out a private prosecution, everything possible was done first, but the police still refused to send the file to CPS.

It is difficult to see what else could be done apart from a private prosecution.  The fact that the judge agreed that there was a case to answer proved the police decision wrong, but it had to go to court for that to happen.

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Legs_Eleven_Wor... replied to BehindTheBikesheds | 4 years ago
3 likes

BehindTheBikesheds wrote:

When is the government going to do something over the polices unlawful inaction with respect to protecting the citizens of this country from those that kill and maim?

Never, because it is government policy to discourage cycling, to protect the revenue streams of the petrochemical multinationals, and the automobile manufacturers.  

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Hirsute | 4 years ago
6 likes

Can't believe I am reading that shit on the devon live site

"he should have pulled tight in to the kerb to let the bus pass and not stuck his elbow out defiantly."

"If cyclist value their lives then wear hi-vis clothing. Sadly the rider in the video is wearing dark, so hard to see, especially driving into sun"

"From what I've seen all cyclist are dangerous to themselves and every other road user"
 

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Richard D | 4 years ago
7 likes

How was that NOT careless driving? You can absolutely guarantee that if the cyclist had been a police officer a prosecution would have followed. One of the most reliable ways to get prosecuted for careless driving is to hit a police car.

And who needs witnesses? It’s all caught on video.

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hawkinspeter | 4 years ago
5 likes

Shame it was so long ago, but I wonder if it's possible to pursue a private prosecution against Stagecoach or the driver.

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gcommie replied to hawkinspeter | 4 years ago
1 like

hawkinspeter wrote:

Shame it was so long ago, but I wonder if it's possible to pursue a private prosecution against Stagecoach or the driver.

As someone pursuing a private prosecution against the driver who crashed in to me, I'm inclined to say it's too late. A prosecution should commence as soon as possilble after the incident, unless there is a compelling reason for the delay. Think in this case there was little reason, other than possible ignorance of the law, for waiting nearly 3 years.

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burtthebike | 4 years ago
12 likes

"CCTV was reviewed and it was determined that the incident did not meet the threshold for a criminal prosecution."

Overtaking on a bend at a pedestrian crossing and knocking off the cyclist doesn't meet the threshold for prosecution?  Was the bus driver the brother of the police person who said this.

I wonder if they would have prosecuted if it had been policeman on the bike.

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Legs_Eleven_Wor... | 4 years ago
1 like

Expect the cyclist to be charged with criminal damage.

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