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news
“Lucky to walk away alive” – cyclist hit by driver who fell asleep (+ graphic video)
A London cyclist says he was “lucky to walk away alive” after he was hit by a driver who fell asleep at the wheel following a night shift – but believes the motorist “got off rather lightly” since he was charged with careless rather than dangerous driving.
On a day when we reported on another attempt by a parliamentarian to introduce a new dangerous cycling law, this incident not only highlights where the chief source of danger on the roads comes from – motorists – but also how all too often vulnerable road users can feel let down by how such cases are dealt with through the legal system.
> Dangerous cycling bill introuduced to House of Lords
Indeed, it is now six years since the former coalition government under David Cameron promised a review into road traffic law, including how cases in which the victim is a cyclist or pedestrian are investigated, prosecuted and sentenced, but it was never concluded.
Footage of the incident, filmed on London’s Old Kent Road last March, has been posted to YouTube by a road.cc reader who gave us further details of what happened and how the case proceeded, but has asked to remain anonymous.
He said: “On March 19 last year a driver coming off a night shift fell asleep and crashed into me. It was captured by my Cycliq Fly 6 and 12, and by the rider behind me too, although his was obscured a bit by the rain.
“At the time the driver was apologetic and admitted what had happened, which he continued to do and pled guilty to the charges.”
He continued: “I finally found out the court result last week – fined £346, 7 points, £134 court costs.
“He was charged with driving without due care and attention. It took a lot of chasing of the police to get the information on their investigation, and I think it left a bit to be desired.
“It should have been a dangerous driving charge, but was too late to upgrade it when they reviewed the case after my challenge, and the court wouldn't let them change it at the hearing. (I wasn't there for that, so don't know exactly how that all played out). Feels like he got off pretty lightly.
“I was pretty lucky, all things considered. I can't talk about the injuries too much as I am still in discussion with his insurer, but the reply i left on the video to one user is a general summary. I'm not 100 per cent recovered yet.
“I got back on the bike a month later, and switched to ride on Q1 instead of Old Kent Road – in my view, that's a (relative) masterclass in how to make a good cycle route.”
He added: “Watch to the end too. There is a close pass in there just before from a Moldovan Audi driver illegally using the bus lane, when the white car appeared in my vision, I remember thinking, ‘Oh no, not another one today’ ... and then he hit me!”
Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.
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19 comments
I would say TL:DR but I did read all the way through. Well done on completely missing 100% of the point.
Why didn't you stay banned?
I much preferred the insights of BtBS/CiBM.
Yep, again startling lack of consistency. Hit a pedestrian after falling asleep at the wheel.... dangerous driving and jail......
https://www.grimsbytelegraph.co.uk/news/local-news/tom-seiles-mapplebeck...
https://www.expressandstar.com/news/crime/2019/12/19/nurse-who-seriously...
Kill another driver while falling asleep at the wheel..... dangerous drivng and jail.....
https://www.mirror.co.uk/news/uk-news/tired-mum-killed-another-driver-16...
hit a cyclist......... oh it's only careless.... I mean they were the soft squishy one putting themselves in danger on the roads only made for cars..............
Reading these links saw this "Jailing her immediately, Judge Ian Pringle said: "When someone is driving a car and they fall asleep, it turns into a lethal weapon. This was a poor piece of driving to put it mildly."
Immediate thought was NO IT DOESN'T! A car is already a lethal weapon it does not magically turn into one. If people accept this then maybe they will take more care when operating one.
I'll admit to have been caught out, finding myself with difficulty staying alert whilst riding and went through a red light. Fortunately I got away with it, no harm done. I got off my motorcycle, took my lid off and had a severe talking to myself about what could have happened. The difference is that I consider it a major failing on my part, not "one of those things". I have never let it happen again. First sign of feeling drousy and I'm off at the next safe place to pull over and have a nap or some fresh air. Everyone makes mistakes, the trick is to learn if you are lucky enough to get away with the mistake, but really there should be very little leniancy to use ignorance and inexperience as an excuse if the mistake causes harm to others.
Driving tired is as dangerous as drink driving. It isn't widely appreciated how dangerous this actually is. Given the risk, it should really face the same sort of penalties as drink driving. In other words, the driver should've been banned for 12 months. However, because people commonly regard this as 'just one of those things' it isn't taken seriously.
Its funny how many things to do with motoring are "just one of those things", isn't it?
(I'm still trying to get my wife to stop saying "accident" and "not everything is someone's fault")
I used to drive from London to the very north west of Scotland . I fly now , not literally. I don't have wings or anything . I mean I go to the airport and get on a flying machine . I did do a bit flying myself but to be honest I found it a bit boring , when I say I did flying ,again I don't mean I could literally fly ,I just piloted the plane. It's the plane that does the flying you just sit in it and make it work . I get tired sometimes , I usually go to bed if it's at night or have a nap on the sofa if it's day time . I have definitely left the house tired and walked to the shops or even gone out for the evening a bit tired. Am I a danger to society if I'm tired . Perhaps we need a special police force to arrest the tired people . Say the policeman who's arresting you has been on a 12 hour shift and they are tired ,should they arrest you and then themselves. I'm tired writing this and your probally tired reading it , are we now law breakers ? These are the kind of important issues that the government's of the world should be tackling. Tired people , what about if you ache a bit ,should there be a law to stop you using hot kettles etc etc in case you spill the hot liquid on your foot or your partners hair or back ankles . Blinking can be dangerous, one minute you can see everything the next your blind. It's such a dangerous world ,we gamble with our lives and the lives of all those around us . Facial recognition is the way to go and more naked body searches.
Walking down a street tired is unlikely to lead to you killing someone. If we took your logic then blind people should be able to drive as they're completely safe when sat in an armchair...
No way the driver fell asleep, accelerating as they hit the cyclist.
Third iteration of the video also sees some wankerish Audi driving which I believe is the same as the collission move - quick undertake to pass 2 cars. Really worth it!
Kind of 50:50 on that one - if the car was an automatic and being held in check by use of the brake pedal, its possible for it to "run away" if pressure is eased. Same if you're running on cruise control (although it's highly unlikely that cruise would be engaged in stop/start traffic as shown in that video). I suppose there's a slim chance that his foot was sort of stuck behind the brake pedal as he fell asleep? He does seem to keep going long after he's hit the cyclist which would suggest he wasn't fully with it.
That said, it's a known scam to get off more serious traffic offences. A friend was hit in his van by a woman driving right down the middle of the road. He stopped, she kept coming. He pulled as far over as possible, she kept coming. He hooted. She hit him. She claimed she couldn't remember anything of the incident, it must have been a "minor" medical thing, blah blah. He reckons she was texting but at the time he didn't have a dashcam to show anything. Anyway, the insurance and police just went "OK, just one of those things", police never investigated further (no injuries, only relatively minor damage to both vehicles so basically no interest in pressing any charges), insurance paid out and she's still driving round with no punishment at all.
If the driver in that video had said "yes, i was trying to undertake" then it would probably be towards the dangerous end of the driving offences spectrum. Claiming he's fallen asleep is just a careless.
I'm with you on that. People fall asleep on motorways because of the monotony, no one falls asleep driving in busy traffic.
Just an excuse dreamt up by the barrister and the judge fell for it.
....it's careless of me to leave my wallet at home, how is falling asleep at the wheel of a 1.5ton powered steel cage in busy London traffic considered driving without due care and attention.
The law of this land really needs to take a serious look at driving offences. Where is the deterrent for that night shift worker to have not climbed behind the wheel of that car and not driven home. The punishment simply isn't enough to stop people doing stupid stuff like this. It won't have been the first time that driver has driven home nodding off.
The victim is living with the drivers actions nearly a year on. The driver with some points on his licence and an increased insurance premium at his next renewal, could have driven his car the next day.
sounds like the prosecutor was asleep at the wheel too.
Right. So if a cyclist kills a pedestrian, heaven forfend, all they have to do is claim they fell asleep. Hardly seems worth passing a new law for, but then, if you are so anti-cyclist and the government have given you the means even though the voters dismissed you, why not?
During the trial of Gary Hart (who killed 10 people on the railway when he fell asleep driving on a motorway-Selby rail crash) everyone at work was discussing how everbody falls asleep so it couldn't be "dangerous". I could not understand this insanity. Good intelligent people too.
There was one young medic, arse cancer doc, family and everything, blamed the hospital for the hours of work they gave him. Nothing about his responsibility when getting behind the wheel.
Love the way all the zomboids just stand around after he's been taken down.
So, remember motorists, if you've run someone over, simply slump down in your seat, close your eyes, and pretend to be asleep until the fuzz arrives.
Christ! In the first section of video I was shouting at the screen for the driver to brake!
Horrible just horrible, hope you heal up properly.