Cyclist badly injured - a result!

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climo
Posts: 567
Joined: 29 Apr 2009, 8:08am
Location: Warminster

Cyclist badly injured - a result!

Postby climo » 7 Jan 2021, 4:25pm

I witnessed a bad accident last year when a drunk driver sideswiped a stationary cyclist. The cyclist nearly lost his leg. After 6 months he was able to walk a bit I would say he'll be somewhat disabled for life.
Just got notified by the police that the driver pleaded guilty and got 34 months in jail and banned from driving for 54 months.
So there is some justice out there but 34 months isn't enough as I guess he'll be out in 17 months. The police did their utmost at the scene and afterwards but it's up to the courts.
Last edited by Graham on 7 Jan 2021, 4:42pm, edited 1 time in total.
Reason: banned from "driving"


thirdcrank
Posts: 30529
Joined: 9 Jan 2007, 2:44pm

Re: Cyclist badly injured - a result!

Postby thirdcrank » 7 Jan 2021, 5:01pm

climo

The big thing for me is that it seems you gave evidence to the police investigating this awful crash and the strength of all the evidence collected has been such that the defendant pleaded guilty. Well done! If only more potential witnesses did the same.

Beyond that, the judge in any criminal trial is constrained by the offence for which the defendant is to be sentenced and the relevant guidelines.

You played your part; there's not much you can do about the system.

climo
Posts: 567
Joined: 29 Apr 2009, 8:08am
Location: Warminster

Re: Cyclist badly injured - a result!

Postby climo » 7 Jan 2021, 5:08pm


Yes
The car passed me at high speed and must have gone into a corner at 60 when 40 would be fast. Hit the cyclist and went into the ditch about 30 m down the road. I went to look at the car but didn't check the occupants as I really didn't care what state they were in, hopefully they were dead. The 4 occupants eventually climbed out, they were all very drunk, the driver touched the victim and said "sorry mate". All 4 then did a runner. I followed at a safe distance but lost them in the dark. I very much doubt that any passenger was in a fit state to have told the driver to slow down.
The victim was awake all the time, 3 ambulances and 10 police cars arrived. Police were great and have kept in contact with me all the way through the case.

climo
Posts: 567
Joined: 29 Apr 2009, 8:08am
Location: Warminster

Re: Cyclist badly injured - a result!

Postby climo » 7 Jan 2021, 5:14pm

thirdcrank wrote:climo

The big thing for me is that it seems you gave evidence to the police investigating this awful crash and the strength of all the evidence collected has been such that the defendant pleaded guilty. Well done! If only more potential witnesses did the same.

Beyond that, the judge in any criminal trial is constrained by the offence for which the defendant is to be sentenced and the relevant guidelines.

You played your part; there's not much you can do about the system.

Thanks. There was another witness as well. I drove the 15 minutes home and recorded my memories before I forgot the small details. A good idea as we all forget things. The police took that recording as evidence.

thirdcrank
Posts: 30529
Joined: 9 Jan 2007, 2:44pm

Re: Cyclist badly injured - a result!

Postby thirdcrank » 7 Jan 2021, 5:33pm

I've posted before that 90% of potential witnesses don't want to "get involved" and of the 10% who do come forward as witnesses, nine out of ten won't do so a second time. This is purely personal experience so it's "plus or minus" but not far out.

You are right that a prompt record of what you have witnessed is an excellent idea and recognised as such by the courts.

I hope you never see anything like this again but don't be discouraged if you do: the system depends on witnesses, even if it treats them badly.

peetee
Posts: 2765
Joined: 4 May 2010, 10:20pm
Location: Cornwall

Re: Cyclist badly injured - a result!

Postby peetee » 7 Jan 2021, 6:11pm

climo wrote:[I went to look at the car but didn't check the occupants as I really didn't care what state they were in, hopefully they were dead.


Please don’t judge the passengers for the actions of the driver. As a teenager I was a victim of an intoxicated driver when I chose to travel in his car. I was one of three passengers and had joined them after one had knocked at my door one evening whilst the driver waited at the wheel. His driving was initially quite acceptable but it got worse and he became less communicative to the point of not speaking even after the car spun and hit a wall in excess of 70mph. It was quite extraordinary that the worst injury for any of us was whiplash.
Winter had arrived in the land of Kernow. Along with it came wet roads and cool winds.
“Oh, my wheels and coupling rods!” Peetee exclaimed.

jgurney
Posts: 1099
Joined: 10 May 2009, 8:34am

Re: Cyclist badly injured - a result!

Postby jgurney » 7 Jan 2021, 6:35pm

peetee wrote: Please don’t judge the passengers for the actions of the driver.

In this case the passengers ran away along with the driver, rather than staying to assist the victim or the police.

peetee
Posts: 2765
Joined: 4 May 2010, 10:20pm
Location: Cornwall

Re: Cyclist badly injured - a result!

Postby peetee » 7 Jan 2021, 9:54pm

jgurney wrote:
peetee wrote: Please don’t judge the passengers for the actions of the driver.

In this case the passengers ran away along with the driver, rather than staying to assist the victim or the police.


Yes, a difficult situation, but to wish them dead is a bit excessive. While I don’t condone their actions in the least, being drunk does not imply criminal intent and it’s very common for people to be drunk enough to not take in the seriousness of their situation and beyond that to be drunk enough to not realise they themselves are injured let alone anyone else.
Winter had arrived in the land of Kernow. Along with it came wet roads and cool winds.
“Oh, my wheels and coupling rods!” Peetee exclaimed.

climo
Posts: 567
Joined: 29 Apr 2009, 8:08am
Location: Warminster

Re: Cyclist badly injured - a result!

Postby climo » 7 Jan 2021, 10:24pm

peetee wrote:
climo wrote:[I went to look at the car but didn't check the occupants as I really didn't care what state they were in, hopefully they were dead.


Please don’t judge the passengers for the actions of the driver. As a teenager I was a victim of an intoxicated driver when I chose to travel in his car. I was one of three passengers and had joined them after one had knocked at my door one evening whilst the driver waited at the wheel. His driving was initially quite acceptable but it got worse and he became less communicative to the point of not speaking even after the car spun and hit a wall in excess of 70mph. It was quite extraordinary that the worst injury for any of us was whiplash.


They were all very drunk and in fact the girl started off in hysterics when she saw the victim but then she became abusive. Then they all did a runner just as fast as their wobbly legs could go. At no time did they offer help or show remorse. Even at a glance the victims leg was trashed and he's going to suffer all his life. They walk away. In my mind they're scum and had they died in the car I would not have shed a tear.

Grandad
Posts: 1222
Joined: 22 Nov 2007, 12:22am
Location: Kent

Re: Cyclist badly injured - a result!

Postby Grandad » 7 Jan 2021, 11:03pm

Why is being drunk used as an excuse/reason for all sorts of anti social behaviour? In my opinion what would be the normal penalty for the behaviour should be doubled if it was the result of being drunk.

peetee
Posts: 2765
Joined: 4 May 2010, 10:20pm
Location: Cornwall

Re: Cyclist badly injured - a result!

Postby peetee » 7 Jan 2021, 11:39pm

Grandad wrote:Why is being drunk used as an excuse/reason for all sorts of anti social behaviour? In my opinion what would be the normal penalty for the behaviour should be doubled if it was the result of being drunk.


Indeed. Being that drunk means that your judgement and ability to reason is seriously impaired but in the vast majority of situations there would have been a time prior to that where the perpetrator could have chosen not to get that intoxicated. It’s a sad fact of life that being that drunk is a badge of honour and a must-do regular habit for a lot of people. The more society is showing tolerance the more the drunkards think it’s acceptable because 99 times out of 100 they don’t atone for their actions.
I for one don’t understand how one can get that drunk. I’ve never been so intoxicated that I wasn’t aware of my actions or what would constitute lawless or negligent behaviour.
Winter had arrived in the land of Kernow. Along with it came wet roads and cool winds.
“Oh, my wheels and coupling rods!” Peetee exclaimed.