Negligence

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arnsider
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Negligence

Post by arnsider »

This is a rather delicate matter. A cyclist that I have ridden with for a number of years has had a number of accidents, too many to be a coincidence.
Mercifully, it’s only themselves that has been injured, but that is a matter of good fortune.
A number of their fellows think that the rider fails to wear corrective specs as the incidents seem to have observational neglect as the route cause.
The riders driving is also poor.
How do we deal with such a sensitive issue?
Jdsk
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Re: Negligence

Post by Jdsk »

The most appropriate person should talk to them as soon as possible at the right time and in the right place. That person should have constructive answers ready to "What do you think that I should do?".

It might go badly, it might not.

And of course they might suspect it already.

Jonathan
peetee
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Re: Negligence

Post by peetee »

I spoke to the police about a similar issue with a work colleague. They were very understanding and said I had done the right thing (I had made it very obvious I was feeling bad about ‘turning’ on a friend).
They said that they would position a patrol car on the colleagues route home and stop him on the pretence of being concerned about his observation at a prior junction then ascertain if his vision was satisfactory.
No mention was made about prosecution and I got the impression that they were aware that, as far as motorists were concerned, people ignoring their deteriorating eyesight was a common problem.
The older I get the more I’m inclined to act my shoe size, not my age.
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Cowsham
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Re: Negligence

Post by Cowsham »

I am here. Where are you?
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Ride-sleep-repeat
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Re: Negligence

Post by Ride-sleep-repeat »

Whilst out riding with him inform him that Mr Magoo has better eyesight than him.Then tell him that's a polite way of saying "get your eyes tested you blind old bugger" :wink:
thirdcrank
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Re: Negligence

Post by thirdcrank »

AFAIK, There's no prescribed eyesight stand for cycling, although in the event of a crash, presumably bad eyesight might affect liability.

Driving with uncorrected eyesight below the prescribed standard is criminal offence

https://www.legislation.gov.uk/ukpga/1988/52/section/96

I don't think it's ever been something the police have actively investigated on any large scale eg by pulling up drivers and requiring them to read a number plate but they have the power to do so. If they did detect a case, especially following a third-party report, then I don't see how they could just deal with it by some sort of advice, not least because that might be interpreted as permitting the offending to continue.

If the poor eyesight here is age-related, then there's the matter of whether they have any other age-related condition affecting their fitness to drive. If they don't then they are old enough to make up their own mind.
arnsider
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Joined: 27 Jul 2011, 12:44am
Location: Carnforth, Lancashire

Re: Negligence

Post by arnsider »

Just love those Summer Wine clips!! Many thanks for the laughs.
arnsider
Posts: 448
Joined: 27 Jul 2011, 12:44am
Location: Carnforth, Lancashire

Re: Negligence

Post by arnsider »

How does anyone stand insurance wise if they are riding with uncorrected vision or other known impairments?
The person in question is I think a member of British cycling. Do they have a similar third party scheme to CTC?
Jdsk
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Re: Negligence

Post by Jdsk »

Cover can always be affected if you don't make relevant declarations. I don't know of any examples in this area.

Jonathan
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Paulatic
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Re: Negligence

Post by Paulatic »

peetee wrote: 7 May 2021, 9:09pm I spoke to the police about a similar issue with a work colleague. They were very understanding and said I had done the right thing (I had made it very obvious I was feeling bad about ‘turning’ on a friend).
They said that they would position a patrol car on the colleagues route home and stop him on the pretence of being concerned about his observation at a prior junction then ascertain if his vision was satisfactory.
No mention was made about prosecution and I got the impression that they were aware that, as far as motorists were concerned, people ignoring their deteriorating eyesight was a common problem.
Similar concerns here in the village with a neighbour. The police did exactly the same and succeeded in getting his family more concerned and it worked.
On one occasion there were hundreds of litres of heating oil running down his drive. He had reversed into the oil tank!
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Jdsk
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Re: Negligence

Post by Jdsk »

On driving rather than cycling: it's often a good approach to persuade the driver to have a session with an instructor. That depersonalises the issue, and instructors are very familiar with the problem.

Jonathan
thirdcrank
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Re: Negligence

Post by thirdcrank »

I've been reflecting on what I posted above and I suppose it would be different if the driver had suitable specs but chose not to wear them, in which case a police officer might take the line of don't do it again, but otherwise I cannot imagine they would just give advice. Another point is that police officers are all individually responsible so one taking a report cannot somehow arrange for others to follow a lenient course of action.
nosmarbaj
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Re: Negligence

Post by nosmarbaj »

My father was a doctor, well respected among his colleagues locally. In his late eighties his driving became terrible, with numerous minor shunts. With difficulty we got him to get himself checked by his GP, but because the GP didn't want to distress a former member of his profession, he said my father was fit to drive! (We did eventually persuade him to stop.)
thirdcrank
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Re: Negligence

Post by thirdcrank »

Driving with some age-related conditions is a matter of opinion. We had a thread about a telly programme in which older drivers were assessed by somebody (from IAM?) and they suggested things like changing to an automatic car.

The basic eyesight requirement for driving, involving reading a number plate isn't opinion: it's yes/ no; black-and-white; binary in the lingo.
markjohnobrien
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Re: Negligence

Post by markjohnobrien »

It’s a sensitive topic as people (rightly) see the loss of driving as a loss of independence and capability.

To many people, it’s a lifeline and they are very stubborn in protecting their driving.

Had a family member in his early 80’s and his driving and lack of awareness was both terrifying and dangerous: pulling out on busy islands in front of articulated lorries and being completely unaware of what he had done wrong.

Joint family talk convinced him to stop driving for his own sake, the rest of the family, and other people’s safety.
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