Punishment Stops

[[XAP]Bob]

I did likewise, we agree again 45 kmh seems fast to me
Cycling on the road seems obviously too dangerous to me

Downhill it would often take significant effort *not* to hit 27-28mph (which is the speed reported above).

[Jdsk]

Does anyone know how practical it would be to pursue damages via civil litigation, loss of potential earnings etc when the driver has indeed been charged and found guilty?

Yes, you can do that. And there's a specific law/ procedure on the weight that must be given to the conviction.

"Convictions as evidence in civil proceedings":
https://www.legislation.gov.uk/ukpga/1968/64/part/II/crossheading/convictions-etc-as-evidence-in-civil-proceedings

https://www.simmons-simmons.com/publications/ck0db7rsfug940b36kv01kt0c/16-civil-and-criminal-proceedings-can-convictions-prove-facts-in-a-civil-case

Jonathan

[thirdcrank]

Memory vague here but I think the defamation aspects referred to there are central. Remember that until quite recently, these damages were awarded by the jury and could be silly. Also the legal costs could be steep - even by the standards of English law, as they still can be. I've a feeling that what triggered the linked Act was that somebody who had been convicted of say larceny, was referred to as a thief and convinced a jury that they were not. Had they been referred to as "having been convicted of larceny" it would have been different. Anyway, every so often, somebody both spots that the law is silly and does something about it.

[ChrisButch]

The comments on this case when it was reported in Devon Live (she's a Devon lass) are more than predictably revolting. Some seem unabashedly to incite violence:
https://www.devonlive.com/news/devon-news/driver-73-fined-crash-ended-5200459#comments-section

[Grandad]

Item on Cycling Weekly website

https://www.cyclingweekly.com/news/latest-news/lauren-dolan-says-driver-who-caused-her-crash-took-away-her-dream-of-competing-in-the-olympics-494014

Includes this by her BC solicitors
“Lauren continues to suffer from the injuries sustained in this incident and her continued recovery and rehabilitation is the next step for her. We hope to be able to obtain a satisfactory outcome for her in the fullness of time but sadly, this kind of driving is becoming all too common on our roads and on this occasion, the actions of the driver have had such a devastating impact on one of the most talented young cyclists to have worn a Great Britain jersey.”

[NATURAL ANKLING]

Hi,

I did likewise, we agree again 45 kmh seems fast to me
Cycling on the road seems obviously too dangerous to me

Downhill it would often take significant effort *not* to hit 27-28mph (which is the speed reported above).

I live in the area and have frequented that road many many times.
It is 30 and 40 miles an hour, you don't even have to pedal to hit 40 down several of the hills.
But it has bends and there are double white lines too.
I would suggest that they were going downhill and the car would struggle to overtake them without exceeding the limit.
if I'm hitting the speed limit downhill, I wouldn't dream of being anywhere but in the middle of the lane, being too close to the curb in those sort of situations is not a very good position to be in at all for your safety.

[ChrisP100]

Hi,

I did likewise, we agree again 45 kmh seems fast to me
Cycling on the road seems obviously too dangerous to me

Downhill it would often take significant effort *not* to hit 27-28mph (which is the speed reported above).

I live in the area and have frequented that road many many times.
It is 30 and 40 miles an hour, you don't even have to pedal to hit 40 down several of the hills.
But it has bends and there are double white lines too.
I would suggest that they were going downhill and the car would struggle to overtake them without exceeding the limit.
if I'm hitting the speed limit downhill, I wouldn't dream of being anywhere but in the middle of the lane, being too close to the curb in those sort of situations is not a very good position to be in at all for your safety.

I have a downhill section on my commute home. There are 2 lanes coming up the hill and one down. The speed limit is 40mph into a 30mph at the bottom. The double-white lines start bout 50 from the hill, and I always have a look over my shoulder at that point and pull into the middle of the road if safe to do so (there are a couple of nasty potholes on the LHS of the road that I really want to avoid). Iv'e had cars maybe 150 - 200yds back decide they are coming passed whatever it takes, and they end up crossing the double white lines, either causing me to swerve or brake hard, which is really no fun in the wet. They almost inevitably hold me up on the decent, but the odd one or two get a bit anti and either slow right down, or as one guy did last week slam on and come to a complete stop leaving me no choice but to cross the double white line to avoid collision. Luckily plenty of room to get past safely. He then proceeded to hang off my back wheel all the way to the traffic lights at the bottom even though I'd moved back over to the left and I wasn't particularly hanging around.

I'm really not sure what goes through peoples minds when they get out on the road.

[KTHSullivan]

Out his morning with SWMBO for a swift 20 miler. A complete and utter lunatic thought it was funny to purposefully and deliberately swerve onto my side of the road. At the time SWMBO who was lagging a 100m or so behind, having not been out for some time was just around a bend. It is my consideration that if he had not sighted my other half coming around the corner i.e. a witness the puke would have run me off the road. It was at the bottom of a fairly long downhill on National route 1 which is fairly local. Unfortunately I did not get the number plate, however the corpulent face of the grease ball involved is set to memory, as is the description of the vehicle. I am going to report it to the authorities despite significant lack of evidence photographic or otherwise. You never know he might have escaped from somewhere. What is wrong with these people?

[[XAP]Bob]

I'm really not sure what goes through peoples minds when they get out on the road.

You're making a significant assumption there.

[ChrisP100]

I'm really not sure what goes through peoples minds when they get out on the road.

You're making a significant assumption there.

Ha ha... Very true