Cyclist badly injured - a result!

[climo]

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.

[FatBat]

Is this the case? https://road.cc/content/news/drunk-driver-told-he-was-cyclists-worst-nightmare-279907

[thirdcrank]

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]

Is this the case? https://road.cc/content/news/drunk-driver-told-he-was-cyclists-worst-nightmare-279907

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]

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]

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]

[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.

[jgurney]

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]

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.

[climo]

[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]

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]

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.