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Cyclist facing manslaughter charge

https://www.theguardian.com/uk-news/2017/aug/14/cyclist-charlie-alliston...

So how come this guy is facing manslaughter charges whereas if he'd been driving a car he'd be able to say the sun was in his eyes and just walk away... (probably).

If you're new please join in and if you have questions pop them below and the forum regulars will answer as best we can.

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Yorkshire wallet | 6 years ago
2 likes

Can you really see a car driver seeing court for this at the same speed? 20mph with a 10mph collision speed would probably see the blame fall on the pedestrian, especially if in phone-zombie-mode.

Pedestrians have right of way, bla bla but pedestrians really don't seem to give a shit about walking out in front of bikes, where they wouldn't do it to cars.

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brooksby replied to Yorkshire wallet | 6 years ago
4 likes

Yorkshire wallet wrote:

Can you really see a car driver seeing court for this at the same speed? 20mph with a 10mph collision speed would probably see the blame fall on the pedestrian, especially if in phone-zombie-mode. Pedestrians have right of way, bla bla but pedestrians really don't seem to give a shit about walking out in front of bikes, where they wouldn't do it to cars.

It seems to me that Lesson One to be taken from this whole sorry incident, is that even 20mph is probably pushing it for *any* vehicle to be moving in close proximity to pedestrians...  

Come on, people, we're happy for 40 tonne HGVs to drive at 30mph right next to pavements?!?

(and with that, I've left the building on this discussion, 'cos I suspect I can guess how the court case is going to pan out.  Read the article dottigirl linked to upthread, btw.)

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wycombewheeler replied to Yorkshire wallet | 6 years ago
1 like

Yorkshire wallet wrote:

Can you really see a car driver seeing court for this at the same speed? 20mph with a 10mph collision speed would probably see the blame fall on the pedestrian, especially if in phone-zombie-mode. Pedestrians have right of way, bla bla but pedestrians really don't seem to give a shit about walking out in front of bikes, where they wouldn't do it to cars.

 

what about a car with no brakes, relying on the handbrake to stop? Thats the comparison you should be making.

Having ridden on the track I know that stopping pedalling does not stop the bike, it just kicks you off the saddle, I accept that with practice it may be possible to hop the back wheel to lock it and cause a skid, but skidding is not as effective as proper braking and even if it were 70-80% of braking comes from the front wheel on a functioning bike.

We should also be seeing manslaughter charges for any RTA deaths were the causing vehicle is found to be defective (bald tyres in the wet/faulty brakes/steering etc etc) or drivers drunk/drugged or pon the phone.

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Beecho | 6 years ago
2 likes

FWIW... I get why he shouted at her straight after. I commute in London and have been taken out by pedestrians stepping out in front of me 5 times, always coming off far worse. The adrenaline surges through you. Last fella ran off after I shouted at him and not a soul checked if I was alright. OK, I was livid, but bleeding and could have easily been seriously (SERIOUSLY) injured by a vehicle, but got lucky. 

I'm surprised more pedestrians mindlessly wandering into the road aren't run over by electric cars and definitely that more cyclists aren't hurt by them. In only two, nice and clear sections of my 10 mile commute do I ride at anything approaching 15mph and do despair at risks many a fellow rider takes, but they're not braking the law. It's such bullshit about the occasional 75kg, 2 foot wide, cyclist "whizzing" about at 15mph being a menace when one tonne metal monsters breaking the speed limit, especially when accelerating through changing red lights*, dominate the roads and make them dangerous.

This is a horrible, unfortunate incident, but it should not be in court. If the cyclist loses, I worry we'll become like NSW.

*this is acceptable apparently.

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hawkinspeter replied to Beecho | 6 years ago
2 likes

Beecho wrote:

FWIW... I get why he shouted at her straight after. I commute in London and have been taken out by pedestrians stepping out in front of me 5 times, always coming off far worse. The adrenaline surges through you. Last fella ran off after I shouted at him and not a soul checked if I was alright. OK, I was livid, but bleeding and could have easily been seriously (SERIOUSLY) injured by a vehicle, but got lucky. 

I'm surprised more pedestrians mindlessly wandering into the road aren't run over by electric cars and definitely that more cyclists aren't hurt by them. In only two, nice and clear sections of my 10 mile commute do I ride at anything approaching 15mph and do despair at risks many a fellow rider takes, but they're not braking the law. It's such bullshit about the occasional 75kg, 2 foot wide, cyclist "whizzing" about at 15mph being a menace when one tonne metal monsters breaking the speed limit, especially when accelerating through changing red lights*, dominate the roads and make them dangerous.

This is a horrible, unfortunate incident, but it should not be in court. If the cyclist loses, I worry we'll become like NSW.

*this is acceptable apparently.

Yeah, I can sympathise with shouting at pedestrians. The ones crossing roads without checking for traffic annoy me so I try to time a sharp, loud "Oi" so that it makes them jump and almost drop their phone whilst going past them.

I feel sorry for this poor bloke who's going to be fed to the wolves (probably not literally) for his poor choices. I reckon he'll have the book thrown at him (again not literally) to show that even lawless cyclists have to keep to the rules. I think he made 2 mistakes - removing his front brake (which would have been a fashion statement) and not managing to miss the pedestrian.

Ultimately, pedestrians always have priority even when they're clearly in the wrong place at the wrong time and this is why road-going contraptions have to be able to stop quickly. If you're going to remove a brake, then you have to take extra care to not be out of control. This cyclist was unlucky to be caught out going too quickly, but not nearly as unlucky as the poor pedestrian.

I'm sorry, but he should be in court for this and should be found guilty. Just because there's lots of examples of motons getting off with bad driving does not excuse the fact that this cyclist's poor choices led to the death of an innocent person.

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brooksby replied to Beecho | 6 years ago
2 likes

Beecho wrote:

FWIW... I get why he shouted at her straight after. I commute in London and have been taken out by pedestrians stepping out in front of me 5 times, always coming off far worse. The adrenaline surges through you. Last fella ran off after I shouted at him and not a soul checked if I was alright. OK, I was livid, but bleeding and could have easily been seriously (SERIOUSLY) injured by a vehicle, but got lucky. 

Yeah, I thought that too.  Of course he shouted, before (presumably) realising she was more badly injured than he'd thought .   I know I would have, and I'm really not sure why the papers seem to imply that that makes him a bad person (the shouting afterward).

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dottigirl | 6 years ago
2 likes

Worth a read: '“Lycra Louts” and “Hogger Joggers”: A Daily Mail & Trinity Mirror Anti-Cycling Hate Campaign
Perverting the Course of Justice Ahead of Charlie Alliston’s Unprecedented Prosecution for Manslaughter'

https://medium.com/@lastwheel/lycra-louts-and-hogger-joggers-a-daily-mai...

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brooksby replied to dottigirl | 6 years ago
1 like

dottigirl wrote:

Worth a read: '“Lycra Louts” and “Hogger Joggers”: A Daily Mail & Trinity Mirror Anti-Cycling Hate Campaign
Perverting the Course of Justice Ahead of Charlie Alliston’s Unprecedented Prosecution for Manslaughter'

https://medium.com/@lastwheel/lycra-louts-and-hogger-joggers-a-daily-mai...

Wow. That's an interesting-and heartily depressing, if you accept the author's thesis-read. Thanks for flagging it up.

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Legs_Eleven_Wor... | 6 years ago
2 likes

This is - or should be - a watershed.

If this young man goes to prison, then London should be ablaze the same night.

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jaysa | 6 years ago
5 likes

It may be bonkers that pedestrians prefer zombying at their phones and wander into one's path without looking, but it's predictable, so it makes sense to ride at an appropriate slow speed in precincts, near schools, stations, bus stops etc. taking primary if possible. I don't want someone's death on my conscience, whoever's at fault ...

I scream (female here) if we're likely to collide - works wonders!

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BehindTheBikesheds replied to jaysa | 6 years ago
3 likes

jaysa wrote:

It may be bonkers that pedestrians prefer zombying at their phones and wander into one's path without looking, but it's predictable, so it makes sense to ride at an appropriate slow speed in precincts, near schools, stations, bus stops etc. taking primary if possible. I don't want someone's death on my conscience, whoever's at fault ...

I scream (female here) if we're likely to collide - works wonders!

Is it predictable that a pedestrian takes 3.8 seconds to not walk across a 3.8m wide lane? Is it predictable that they move in differing directions and ignore two audible warnings and despite the defendants best efforts to swerve around the pedestrian they still failed to cross the lane as one would ordinarily predict would happen.

Do you slow to 15mph when driving on any 30mph road when there are pedestrians walking on the footway, if not, why not?

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alansmurphy | 6 years ago
0 likes

As an experienced rider, would you say from noticing something to reacting and stopping, that you stop in 3 metres?

And surely it should have been compared to the original bike with the original brakes?

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hawkinspeter replied to alansmurphy | 6 years ago
1 like

alansmurphy wrote:

As an experienced rider, would you say from noticing something to reacting and stopping, that you stop in 3 metres? And surely it should have been compared to the original bike with the original brakes?

I reckon that's reasonable. With disc brakes, if I'm paying attention, I reckon I can stop from 18mph in about 2 metres though I'd probably be lifting my rear wheel a bit.

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alansmurphy replied to hawkinspeter | 6 years ago
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hawkinspeter wrote:

alansmurphy wrote:

As an experienced rider, would you say from noticing something to reacting and stopping, that you stop in 3 metres? And surely it should have been compared to the original bike with the original brakes?

I reckon that's reasonable. With disc brakes, if I'm paying attention, I reckon I can stop from 18mph in about 2 metres though I'd probably be lifting my rear wheel a bit.

You're a better man than me. I mean I was doing 40 as the last accident began and the brakes were the wrong way round (stupid French piece of shit) but I was a good 30m from the barrier and seemed to knock little speed off.

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hawkinspeter replied to alansmurphy | 6 years ago
0 likes

alansmurphy wrote:
hawkinspeter wrote:

alansmurphy wrote:

As an experienced rider, would you say from noticing something to reacting and stopping, that you stop in 3 metres? And surely it should have been compared to the original bike with the original brakes?

I reckon that's reasonable. With disc brakes, if I'm paying attention, I reckon I can stop from 18mph in about 2 metres though I'd probably be lifting my rear wheel a bit.

You're a better man than me. I mean I was doing 40 as the last accident began and the brakes were the wrong way round (stupid French piece of shit) but I was a good 30m from the barrier and seemed to knock little speed off.

Nope, I was just making it up. I have however found this link with a stopping distance calculator and it gives 3.74m for stopping from 18mph and 18.5m for stopping from 40mph:

http://www.exploratorium.edu/cycling/brakes2.html

Sounds like your brakes weren't working or maybe the road was slippery.

 

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NicholasM replied to hawkinspeter | 6 years ago
1 like
hawkinspeter wrote:

alansmurphy wrote:
hawkinspeter wrote:

alansmurphy wrote:

As an experienced rider, would you say from noticing something to reacting and stopping, that you stop in 3 metres? And surely it should have been compared to the original bike with the original brakes?

I reckon that's reasonable. With disc brakes, if I'm paying attention, I reckon I can stop from 18mph in about 2 metres though I'd probably be lifting my rear wheel a bit.

You're a better man than me. I mean I was doing 40 as the last accident began and the brakes were the wrong way round (stupid French piece of shit) but I was a good 30m from the barrier and seemed to knock little speed off.

Nope, I was just making it up. I have however found this link with a stopping distance calculator and it gives 3.74m for stopping from 18mph and 18.5m for stopping from 40mph:

http://www.exploratorium.edu/cycling/brakes2.html

Sounds like your brakes weren't working or maybe the road was slippery.

 

FWIW, stopping distance for a car on a dry road at 40 mph is usually given as 36 m and there is no way a bicycle is a going to outbrake a car.

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brooksby replied to alansmurphy | 6 years ago
4 likes

alansmurphy wrote:

And surely it should have been compared to the original bike with the original brakes?

This.   Otherwise, in a car-related analogy, you could start comparing a 1958 Ford Anglia to a McLaren F1 and say "Oh, well, he should have been able to stop in 0.5 nanoseconds".

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alansmurphy replied to brooksby | 6 years ago
2 likes
brooksby wrote:

alansmurphy wrote:

And surely it should have been compared to the original bike with the original brakes?

This.   Otherwise, in a car-related analogy, you could start comparing a 1958 Ford Anglia to a McLaren F1 and say "Oh, well, he should have been able to stop in 0.5 nanoseconds".

It's only took me 500 plus comments to make a useful one  3

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Vehlin replied to alansmurphy | 6 years ago
1 like

alansmurphy wrote:

And surely it should have been compared to the original bike with the original brakes?

He WAS riding the bike with the original brakes. That bike has no front brake as standard and doesn't have the mounts to fit one. Granted they could have tested it against a road bike rather than a mountain bike, but it wouldn't have made that much difference I don't think.

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brooksby replied to Vehlin | 6 years ago
1 like

Vehlin wrote:

alansmurphy wrote:

And surely it should have been compared to the original bike with the original brakes?

He WAS riding the bike with the original brakes. That bike has no front brake as standard and doesn't have the mounts to fit one. Granted they could have tested it against a road bike rather than a mountain bike, but it wouldn't have made that much difference I don't think.

Isn't that in the evidence so far presented, that the cyclist bought the bike saying he was going to use it as a track bike?  That's part of the prosecution's argument: that a bike with only a fixed real wheel and no front brake is not legal to ride on the roads in the UK.

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alansmurphy replied to Vehlin | 6 years ago
2 likes
Vehlin wrote:

alansmurphy wrote:

And surely it should have been compared to the original bike with the original brakes?

He WAS riding the bike with the original brakes. That bike has no front brake as standard and doesn't have the mounts to fit one. Granted they could have tested it against a road bike rather than a mountain bike, but it wouldn't have made that much difference I don't think.

Casper, road and mountain make huge difference, position of brakes, disc VS rim, tyre grip and in and in. I hear they ride up/down mountains differently too  1

I mentioned removing the front brake as that's what some reports had said, unsure whether it ever had one...

I've also no doubt the cyclist was I the wrong to be riding it, just question the idiotic evidence presented. As brooksbys post says, thinking distance for a car driver at 20mph would result in a collision yet our 'expert' witness here doesn't even account for that...

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alansmurphy | 6 years ago
4 likes

18mph down to 10mph in 3. 8 seconds.

So they've factored that he could nearly half his speed with one brake thus have fully scrubbed it off with two brakes.

Sounds like nobody told them that thinking time probably actually outed for the majority of that.

This would also suggest that riding on the tops is unsafe as it'd take a couple of seconds to change position to brake. Or having a brake pedal a few inches from the accelerator on a car.

Alternatively, and to sound somewhat like his crass comments in defence, give someone doing 18mph less than 10 metres to stop (maybe around half that) and the likelihood is that there will be a collision.

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brooksby replied to alansmurphy | 6 years ago
0 likes

alansmurphy wrote:

18mph down to 10mph in 3. 8 seconds. So they've factored that he could nearly half his speed with one brake thus have fully scrubbed it off with two brakes. Sounds like nobody told them that thinking time probably actually outed for the majority of that. This would also suggest that riding on the tops is unsafe as it'd take a couple of seconds to change position to brake. Or having a brake pedal a few inches from the accelerator on a car. Alternatively, and to sound somewhat like his crass comments in defence, give someone doing 18mph less than 10 metres to stop (maybe around half that) and the likelihood is that there will be a collision.

 

From the latest Grauniad story:

"Edward Small, a crash investigator who studied CCTV of the incident, concluded that Alliston, who was then aged 18, would have been able to stop and avoid a collision if the bike had been fitted with a front brake.

The defendant had been travelling at an average of 18mph before he noticed Briggs step out into the road, jurors heard. He was a minimum of 6.65 metres away when he swerved and tried to take evasive action.

Tests on a conventional mountain bike found a stopping distance of about three metres (10ft), but Alliston’s model had a stopping distance of about 12 metres, the court heard.

Cross-examining, Mark Wyeth QC asked Small whether there could be a margin of error in his calculations of Alliston’s average speed before he saw Briggs. The expert replied that any difference would only have been a “fraction of a mile per hour”."

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brooksby replied to alansmurphy | 6 years ago
2 likes

alansmurphy wrote:

Alternatively, and to sound somewhat like his crass comments in defence, give someone doing 18mph less than 10 metres to stop (maybe around half that) and the likelihood is that there will be a collision.

Car stopping distances, according to the HC:

20mph thinking 6 metres, braking 6 metres = 12 metres
30mph thinking 9 metres, braking 14 metres = 23 metres
40mph thinking 12 metres, braking 24 metres = 36 metres

Correct me if I'm wrong, but that means a car would have definitely hit a pedestrian stepping out in front, ten metres away...

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hawkinspeter replied to brooksby | 6 years ago
1 like

brooksby wrote:

Car stopping distances, according to the HC:

20mph thinking 6 metres, braking 6 metres = 12 metres
30mph thinking 9 metres, braking 14 metres = 23 metres
40mph thinking 12 metres, braking 24 metres = 36 metres

Correct me if I'm wrong, but that means a car would have definitely hit a pedestrian stepping out in front, ten metres away...

I'm not convinced about the "thinking time" on a bike as it's quite possible to "instinctively" react without needing to consciously think about what you're going to do. I'm sure I can stop from 20mph in a lot less than 12 metres on my bike. By the power of maths, that 6m at 20mph works out to be about two-thirds of a second which is quite a slow reaction - the typical reaction to visual stimulii is about a 0.25 seconds. If you're practised at riding a bike and watching for hazards, you'd be anticipating peds stepping out and be swerving and stopping within that 6 metres of thinking time.

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BehindTheBikesheds replied to hawkinspeter | 6 years ago
3 likes

hawkinspeter wrote:

brooksby wrote:

Car stopping distances, according to the HC:

20mph thinking 6 metres, braking 6 metres = 12 metres
30mph thinking 9 metres, braking 14 metres = 23 metres
40mph thinking 12 metres, braking 24 metres = 36 metres

Correct me if I'm wrong, but that means a car would have definitely hit a pedestrian stepping out in front, ten metres away...

I'm not convinced about the "thinking time" on a bike as it's quite possible to "instinctively" react without needing to consciously think about what you're going to do. I'm sure I can stop from 20mph in a lot less than 12 metres on my bike. By the power of maths, that 6m at 20mph works out to be about two-thirds of a second which is quite a slow reaction - the typical reaction to visual stimulii is about a 0.25 seconds. If you're practised at riding a bike and watching for hazards, you'd be anticipating peds stepping out and be swerving and stopping within that 6 metres of thinking time.

Sorry but you're guessing about 'instinct' and thinking times is just nonsense.

human beings are human beings, you cannot predict X outcome, thinking time is about 1.5 seconds for these types of incident (accepted by crash investigators as a good in clear conditions/alert person), then you would have mechanical action time (braking/pressing accelerator etc), then you have actual braking time.

Also when does any road user fully slam on to the maximum potential braking to come to a full stop when an object/pedestrian crosses in front, hardly ever, you scrub a bit of speed off, as is clear the defendant did and you normally think/anticipate that the object/pedestrian carries on across. In this case the pedestrian (apparently) took 3.8 seconds to the time of impact from stepping off the pavement/footway, that is in no way normal. This would require the defendant to rethink again his actions (another second or so) he tried to swerve to avoid the pedestrian who was clearly still dithering in the middle of the road instead of simply walking across and they then collided.

it's all so easy to just use absolute numbers in a stress environ/situation but that's not how real life works all too often.

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hawkinspeter replied to BehindTheBikesheds | 6 years ago
0 likes

BehindTheBikesheds wrote:

hawkinspeter wrote:

brooksby wrote:

Car stopping distances, according to the HC:

20mph thinking 6 metres, braking 6 metres = 12 metres
30mph thinking 9 metres, braking 14 metres = 23 metres
40mph thinking 12 metres, braking 24 metres = 36 metres

Correct me if I'm wrong, but that means a car would have definitely hit a pedestrian stepping out in front, ten metres away...

I'm not convinced about the "thinking time" on a bike as it's quite possible to "instinctively" react without needing to consciously think about what you're going to do. I'm sure I can stop from 20mph in a lot less than 12 metres on my bike. By the power of maths, that 6m at 20mph works out to be about two-thirds of a second which is quite a slow reaction - the typical reaction to visual stimulii is about a 0.25 seconds. If you're practised at riding a bike and watching for hazards, you'd be anticipating peds stepping out and be swerving and stopping within that 6 metres of thinking time.

Sorry but you're guessing about 'instinct' and thinking times is just nonsense.

human beings are human beings, you cannot predict X outcome, thinking time is about 1.5 seconds for these types of incident (accepted by crash investigators as a good in clear conditions/alert person), then you would have mechanical action time (braking/pressing accelerator etc), then you have actual braking time.

Also when does any road user fully slam on to the maximum potential braking to come to a full stop when an object/pedestrian crosses in front, hardly ever, you scrub a bit of speed off, as is clear the defendant did and you normally think/anticipate that the object/pedestrian carries on across. In this case the pedestrian (apparently) took 3.8 seconds to the time of impact from stepping off the pavement/footway, that is in no way normal. This would require the defendant to rethink again his actions (another second or so) he tried to swerve to avoid the pedestrian who was clearly still dithering in the middle of the road instead of simply walking across and they then collided.

it's all so easy to just use absolute numbers in a stress environ/situation but that's not how real life works all too often.

You may or may not be right about thinking times - testing it is the only practical way to figure it out. In lieu of setting up a decent test site, try your hand at this simple little reaction tester:

https://www.humanbenchmark.com/tests/reactiontime

I haven't got any figures to back up actual times for "thinking", but when I'm riding a bike and approaching a hazardous area (e.g. a school at pick-up/drop-off time; takeaway shops; junctions) I keep my fingers on my brakes and if I anything unexpected happens, I scrub off speed whilst I think about what to do (generally involves lots of swearing).

In general, it's quite easy to improve specific reaction times by practising the skill and if you perform an action often enough, then you can "react" to it without having to be conscious of it (e.g. boxers don't need thinking time to avoid a punch).

The cyclist in question has stated that a front brake wouldn't have made any difference to his ability to stop/avoid the pedestrian, but I don't agree with that. The stupid thing is that if he had a front brake, he almost certainly wouldn't be in court even if the pedestrian had still died.

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CXR94Di2 | 6 years ago
2 likes

IF, he'd been riding a bike without brakes, then he was riding dangerously. Deserves everything coming his way. His attitude certainly didn't help his position.

Roadworthy bike would of transferred onus of fault probably into pedestrian not looking or listening, but a unroadworthy bike trumps that

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Yorkshire wallet | 6 years ago
4 likes

Just remember it was a PLANET X, CARBON FRAMED bike as well. Apparently akin to SOMETHING USED IN A VELODROME! Without this pure-bred race machine underneath him he may have only been able to reach 19.8mph rather than 20!

The whole line the prosecution are playing with the fixie thing is pissing me off. Look at the fucking moron headplanting the van earlier today, looked like he was on a BSO and still managed a decent speed. Good job he wasn't on one of those velodrome race bikes or he'd be dead.

 

 

 

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peted76 | 6 years ago
1 like

It'll be interesting to see how this pans out in the courts.. the onus has to be on the cyclist as he couldn't stop in time, avoiding ignorant, stupid pedestrians on mobile phones is part of the game. 

At only 20years old now, I just hope his life isn't ruined forever from this, although there's no going back for the 44year old mum and her family. Shame shame shame.

The express has a particualry horrid headline: 'Cyclist ‘on danger bike blamed victim after killed 20mph crash’

 

 

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