Cyclist killed a pedestrian in high-speed crash faces no charges.
https://road.cc/content/news/no-charges-cyclist-after-crash-which-oap-was-killed-308209
https://www.gov.uk/electric-bike-rules
Free £50, bonuses, and more:
https://share.octopus.energy/happy-human-326
4 months free for NordVPN: https://nordvpn.com/bbb
Discount for Incogni: https://incogni.com/blackbelt
AND MORE:
https://linktr.ee/blackbeltbarrister
Exclusive content: https://www.blackbeltbarrister.com
)
IMPORTANT DISCLAIMER:
I’m a Barrister of England and Wales.
Videos for educational guidance only, Always seek advice before taking action. Videos on my channel are not legal advice and should not be taken as such. I accept no liability for any reliance placed upon the content of these videos or references, therein.
#blackbeltbarrister #lawyer #barrister
Description contains affiliate links; I will occasionally earn commissions from qualifying purchases or leads generated. Description may contain affiliate or sponsored links, for which we may receive commissions or payment.
44 Comments
what if just call our cars, Bikes, and the call ourselves cyclist-drivers or something and rip Speedomerter out dashboard
what a joke. if the guy was going that fast he like most others probably had his head down and didnt see shit or (just as likley) he noticed them and thought fuck it , if they step out its not my fault. these fucks get away with murder.
If they change the law on speed, they will also have to factor in bicycles being fitted with speedometers retrospectively.
Based on what you've said, surely the pedestrian was the one who caused the accident due to carelessly stepped out without looking?
Did I miss Ian Duncan Smith MP demand for a law against dangerous/careless pedestrians?
You should stop using roadcc, they are partisan hacks that will always side with cyclists no matter how stup8d or dangerous that are
I use my bike daily for work. I'm also a motorist. This means I use my bike like I use my car, obeying the rules the best I can whilst on the road. I will say this about pedestrians, Stop, Look and Listen! The amount of times pedestrians walk out in front of me whilst on my cycle is unbelievable. There are morons in every walk of life whether or not they're on foot, on the pedal or behind the wheel.
Road traffic act. A bicycle is a Mechanical propelled Vehicle.
The Cyclist must observe all road safety Requirements.
🇮🇪🇪🇺
Pedal cycle speedometer have been around for at least 50 years, long before GPS.. The Huret speedometers we used in the 70's were cable driven from a device fitted between the forks and the wheel and inserted between the spokes. Nowadays we use a magnet clipped to the spokes and a reed switch attached to the forks. Tell the computer the wheel circumference and it can calculate speed and distance from the (de-bounced) pulses generated by the reed switch.
“six-year-old boy suffered a head injury when he was knocked off his bike by a hit-and-run cyclist in Leicester. The crash, which involved the boy and a man riding an electric bike on a path. “
Thoughts?
Whether you have an engine or not, the rules of the road should apply. If you are speeding on a bicycle then you are breaking the law. A car hitting a pedestrian will cause injuries but a bike has less surface area and therefore is more likely to cause more serious injuries. So all the laws of the road should apply to all that use the road. I find it ridiculous to comprehend that if a car speeds they get points and fines. A bicycle can overtake the speeding car and gets nothing. And god forbid a cyclist crashes into you, where is the insurance policy that you can file a claim with to cover the damage caused? Cyclists should be registered as they can basically get away with a hit and run and you can never hold them accountable. And yearly cycle mot? Cars have to have functional brakes and legal tyres. A bicycle can go on the road without brakes without tread on their tyres. And they don't get fined. I know that some people will probably be offended by some of my comments but I think it's fair to say that bicycles should be road legal and insured. And held accountable for their actions when they get it wrong just like everyone else. Car drivers included. An idiot can drive a car.. but an idiot can also ride a bicycle…
Crazy that you can answer this truthfully !!!! You Sir are A Charlatan 🤮🤮
The family of the dead person would probably win an accidental death lawsuit against the cyclist.
Fuck cyclists, always complaining about motorists being unsafe because they want to save time rather than slowing down, and then start moaning about how they don't want to slow down because "muh speeed muh muh have to speed up again to reach maximum aerodynamic efficiency" whenever they encounter a pedestrian. Slow down pedal boy it won't kill you.
As a wheelchair user my experience with cyclists is not good. They are arrogant, they think the law doesn't apply to them, they are guilty of the things they accuse driverd of and I wish the police would deal with them the same way as they do drivers.
I've been hit several times by cyclists with most occasions being on the PAVEMENT where bikes should not be. In one case I had to spend time in hospital due to fractures. My disability is such that a cyclist could kill me if they are at speed.
Cyclists like to play victim and blame everyone else but the truth is that most are a menace who project their behaviours on to others.
Cyclists are everywhere and a lot of them are riding full speed on pavements!! This wasn’t a thing before boris johnson and his stupid hair-brained idea to create cycle highways with no rules or basic training. Something like having to do your theory test within 3 years of applying for your provisional may help pedestrians, cyclists and motorists. The highway code isn’t just applicable to motorists, it’s for everyone and if most people have to gain this knowledge, things may be a little bit better!
Could he be charged with involuntary manslaughter ?
I feel like cyclists who want to use the road should come under the relevant road laws for almost all other vehicles and be instructed that they must fit their cycle with a speedometer
If an electric bike has a twist grip throttle it is the same as a moped or motorcycle. EAPCs are the only legally allowed e-bikes on UK roads.
When I used to cycle to work I used a 10 speed bicycle.On one of the roads I cycled down ,a straight road, I was about 2ft from the kerb and a man stepped into the road without looking to the right to check for any vehicles.Luckily I saw him and managed to warn him and I was able to swerve a little to the right to avoid hitting him.But if a car had been behind me or about to overtake me it could have ended up a lot worse for me. If it had been a car or a larger vehicle instead of me the guy might have been hit and injured too. A lot of pedestrians don't look right when they cross roads and step out into the roads unexpectedlynot giving cyclists enough time to brake,swerve or stop. So if the woman hit by the cyclist did this then she only has herself to blame for the accident and her demise.
TLDR – silly old biddy with zero awareness stepped out without looking.
Rider not at fault.
End of, no need for waffling 💀
Cyclists can pretty much do anything they want without sanction.
Was the pedestrian wearing a helmet?
I spend a few months of the year in the Netherlands for business. Apart from strict separation of modes which works well, there is a legal hierarchy of responsibility where the operator of the more powerful vehicle will be automatically held liable for damage or injury caused to the less powerful. So in effect if a cyclists hits a pedestrian, the onus is on the cyclists to prove they could do nothing to avoid the collision, and courts tend to favour the victim….The opposite of innocent until proven guilty, which is why a a matter of constitutionality it would be difficult to implement in the UK..This of course also applies if a motorists hits a cyclist…Road users tend to be extremely careful around each other.
Section 29, careless or inconsiderate cycling- that covers more than half the people cycling around London!
That’s just insane. Surely the speed limit is not arbitrarily decided upon, it is meant to serve a purpose. That purpose is primarily safety. I would argue that a car going at a certain speed can stop a lot quicker and safer than a cyclist can, so exceeding the speed limit on a bicycle is reckless and dangerous.
While Cycling you won't believe the number looking down at their mobiles, instead of looking around to see what's coming. They can't see the many cyclists, mobility vehicles, food couriers or the robbers on mopeds just waiting to snatch their £500 phone. Do pedestrians have right of way – Yes, and cyclists do generally possess more awareness as we have to, but people who refuse to look where their walking is just stupid. I suppose it's possible to walk into another pedestrian, had someone walk in front of me a few times, a bit too close, dunno if anyone has been knocked over by that, but you never know. Mobile phone users are the main instigators though.
It is mechanically propelled And you have speedos on bikes And the police We'll stop you from speeding It is a propelled motion powered by human beings so therefore it is exactly that Any type of vehicle on the road is exactly that Whether this a push bike or motorbike or a car It is still controlled by humans you will have human errors So technically You can get prosecuted
Maybe the law is on the cyclists side, I am not a legal expert Daniel is so I will defer to his judgment like any reasonable person should unless they have just gone through something that game them understanding of the particular being discussed like a court hearing. If this is the case then the law needs changing, maybe there should be a legal requirement for all cycles to have a speedometer and a requirement for all vehicles powered or not to have a safety check akin to an MOT and to abide speed limits, this should not be an issue for most cyclists as I would imagine the majority would not be able to reach the speed limit.
There does feel to be a disparity in the law that treats cyclists as preferred class and the driver as a 2nd class citizen used as a cash cow to squeeze as much money as possible. I do concede that its possible most of cyclists make their best efforts to not block traffic and but the ones I see most are the ones who abuse their status and ride in the middle of the road with their go pros and their Olympic style get up and some times some kind of measuring device sticking out the side of the bike with the mind set of the Stasi trying to force a diver into a mistake that they can whine to authorities about, they are a bloody menace.
Speed limits don't apply to bicycles not because they don't have a speedo.
Speed limits were only introduced because cars bacame so fast & common, that they began to kill an unacceptable number of people.
It has nothing to do with speedos.
The speed of bicycles are self limiting. By the riders' ability.
Speed limits only exist because of motor vehicles.
Out of curiosity, what is the guidance for a mobility scooter???
As soon as you said the pedestrian stepped into the road without looking, that answered all questions about why the cyclist was not prosecuted.
This comes up after just seeing and watching an 8 month old video of your https://www.youtube.com/watch?v=9V5TnSyj_po&t=249s
After just reading the report myself, Mr Fitzgerald the cyclist, who rides laps around Regents Park on a weekly basis would have known he was going faster than the speed limit applicable to motor vehicles which in my opinion as well as any normal road is reckless and dangerous riding.
If I ran down the street and barged into somebody knocking them down I'd be charged.
If I ran down the street wielding a bicycle like a giant club and hit somebody I'd be charged.
Could the cyclist still be charged with a civil offence? And be sued by the family?
The behaviour of the vehicle operator is crucial, whatever the vehicle – I cycle, and I've seen reckless cyclists as well as reckless drivers. BUT – over more than a decade cycling I've not had 1 accident with a car that wasn't my fault, but I've been pushed off and assaulted by other 'cyclists' after I confronted them for what many would consider reckless behaviour – take from that what you will. Drivers at least have gone through some training and in most cases know what a traffic light looks like.
It's funny, because the same day that this happened, statistically 4.5 people were killed by cars and yet that has become so expected that nobody cares. Everybody is complaining about the cyclist, yet motor vehicles causes several times more deaths and several orders of magnitude when it comes to injuries!
And this is from the UK Gov website where they reported "1,633 fatalities" in the last year, ending June 2023, with "29,429 killed or seriously injured (KSI) casualties", and a huge "133,443 casualties of all severities"!
Wish people cared about dangerous drivers the same way they care about dangerous cyclists. You'd think the more dangerous vehicle would receive more scrutiny.
So how would you amend the law to get round this problem?
It should be classed at least without due care or attention. Because going faster than the speed limit regardless if it applies or not, you are automatically not caring for other road users by default.
Reasonable doubt doesnt apply for intent.
He’s a murderer. He should be in jail.
how about looking at rule 69 of the highway code. This is a Rule based solely on cycles and it says cycles 'must obey all traffic signs and traffic light signals'.
@blackbeltbarrister why has nobody challenged the "furious driving" law brought in to stop horse car racing in scotland being applied in the whole of the UK when surely it is only in scottish law and also stupid.
The Law clearly needs changing.
Something we don't know, are the surroundings. IMO, speeding, or not, you can be cycling/driving without due care. There are roads in built up areas, which are 30mph, and because of the narrow pavements, kids, and dog owners placing a foot in the road to pass each other. I would not be happy with driving/cycling at 30mph in a place like this. And would consider it 'without due care'. This cyclist was over the speed limit, but we don't know the other factors.