Punishment Stops

[merseymouth]

Hi all, One can expect the opinion in the pub to include - "Well, the don't pay Road Tax"
Suffered many times, worst when a Jaguar driving moron chopped lanes on the M602, over solid white line, then did an emergency stop! I wason a Vespa GT200 at 60 mph . Got his number, reported him to GM Police, total waste of my time.
But one similar incident occurred whilst out with my daughter on m/cycles. She on Suzuki 125, me MZ250. She was on L-Plates doing very well, I following at safe distance. As we approached a set of traffic lights we both changed down, prepared to stop is necessary, only to have a people carrier shoot past the swerve into our lane and do an emergency stop . We both hit the anchors, but sadly my daughter had no safe space as the driver acted in a homicidal fashion! She didn't hit the car, but suffered a wipe out of the front wheel, so went down hard.
Even I had difficulty stopping as 4 disc brake wheels gave him the edge.
What made matters worse was the fact that a 10 year-old got out of the car to rant at my prostrate daughter.
But even though I was on a separate bike the police don't accept the word of the following rider as to the culpability of the moronic motorist!
Not enough drivers get taken off the road at the appropriate time, that cursed "Totting Up" system. MM

[Cunobelin]

Hi all, One can expect the opinion in the pub to include - "Well, the don't pay Road Tax"

Sorted that on one occasion.

Petrolhead at work, who came out with that one in the staff room, and the fact that I should give way as he paid "Road Tax" and I didn't.

I agreed fully, and unequivocally with him

Just asked if he meant VED in which case his Audi was about £150 a year.

I have two cars, one at £325 and one at £160

I was, therefore, paying almost 3 times as much "Road Tax" than him, so by his own argument.. he should be getting out of MY way

He wasn't happy!

[awavey]

well the police may well be interested in the driver, but if you read the original instagram post, she says the driver has been found, spoken to, and has denied it happened, and without camera footage and no other independent witnesses stepping forward, it’s going to be difficult to bring any charges.

its happened to me a few times, albeit over 10 years worth of commuting, so its incredibly rare still nothing like as common as close passes or smidsys, but Ive always had an escape route and its been slow speed so you can see the driver thinking of it before they do it.

not sure at 45kph on a descent Id have had any chance of stopping quickly enough

[Avspider]

It's happened to me, I'd even tapped on the drivers window previously as he was driving alongside me.
It was all on camera and the driver has been taken to court.

[flat tyre]

I've had similar experiences, but in my cases I'm not sure whether the driver had any malicious intent or was just careless. What usually happens is car goes past at speed then slams on brakes as the left or right turn they were trying to make is blocked by on coming traffic etc. leaving me very little leeway, especially if it's wet.

[Postboxer]

Update on the Lauren Dolan incident mentioned upthread,

https://www.bbc.co.uk/sport/cycling/56461907

She's been forced to retire from cycling. The driver has been fined £1079 and given 10 penalty points.

[rotavator]

Update on the Lauren Dolan incident mentioned upthread,

https://www.bbc.co.uk/sport/cycling/56461907

She's been forced to retire from cycling. The driver has been fined £1079 and given 10 penalty points.

I think the BBC should have written that the accident was caused by a car driver rather than

after suffering serious injuries in a crash caused by a car

and that they should have named the driver.

[roubaixtuesday]

Absolutely appalling that you can cause grievous bodily harm, life changing injuries quite deliberately and just get a fine.

Just beggars belief.

[NUKe]

Update on the Lauren Dolan incident mentioned upthread,

https://www.bbc.co.uk/sport/cycling/56461907

She's been forced to retire from cycling. The driver has been fined £1079 and given 10 penalty points.

What a pittance, Not even a ban. I don't see why this sort of behaviour is treated as a traffic and not GBH, he should be doing time and certainly shouldn't still be allowed to drive, without proving they are no longer aggressive.

[KTHSullivan]

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?

[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.

Jonathan

[roubaixtuesday]

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?

This is normal for any accident - pursued through insurance.

I'd be astonished if Dolan isn't doing that and may well already have settled; given the circumstances it's the insurance company may not have contested liability. That settlement will be for sure many times in excess of the ludicrously lenient fine.

The injustice of the individual at fault suffering nothing more than a trivial punishment, and still able to drive, is awful.

[thirdcrank]

My knowledge of civil law (compo) is not great but AFAIK, the normal channel for a claim resulting from a crash is negligence.

I think that a claim in respect of an assault is for the tort of "battery." Now, if a conviction is for dangerous driving, I suspect that would do more to support a claim for negligence rather than battery.

[roubaixtuesday]

My knowledge of civil law (compo) is not great but AFAIK, the normal channel for a claim resulting from a crash is negligence.

I'm no lawyer, but essentially as I understand it, and having been through it twice, compo is based on

(1) damages suffered
(2) fault ascribed, on the balance of probabilities

No criminal conviction is necessary.

Here, life changing injuries suffered would result in (1) being large, at a guess in the £10ks.

(2) Is up to the parties to fight out; if not settled already, the conviction would be excellent evidence that the motorist was 100% at fault. If a court decided (or it was agreed out of court) that a proportion of the fault was down to Dolan, then her compo would be reduced accordingly.

Whether wilful or negligent doesn't come into it, I think. Could be wrong.

[Bonefishblues]

My knowledge of civil law (compo) is not great but AFAIK, the normal channel for a claim resulting from a crash is negligence.

I'm no lawyer, but essentially as I understand it, and having been through it twice, compo is based on

(1) damages suffered
(2) fault ascribed, on the balance of probabilities

No criminal conviction is necessary.

Here, life changing injuries suffered would result in (1) being large, at a guess in the £10ks.

(2) Is up to the parties to fight out; if not settled already, the conviction would be excellent evidence that the motorist was 100% at fault. If a court decided (or it was agreed out of court) that a proportion of the fault was down to Dolan, then her compo would be reduced accordingly.

Whether wilful or negligent doesn't come into it, I think. Could be wrong.

https://www.clydeco.com/en/insights/202 ... than%20not.