Rides illegal machine - kills pedestrian & blames her........

[Danidl]

I'm not sure what you intend to mean by one braking system.

He didn't comply with 7i, and if you read fully into the law, he didn't have one braking system. Having a fixie is a legal excuse to have only one braking system. Without it he had none.
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Apologies,
I have re read the section again and find I must agree with you in part.
The fixie constitutes a braking system, so he can claim to have had a brake.
However the same section requires that where the wheel cannot move independent of the pedals, ie a fixie, that it must be the front wheel, otherwise there must be a front wheel brake. So he will be done for not having fitted a front wheel brake.
However,
I cannot see a manslaughter conviction being returned or surviving an appeal.

 

[mike killay]

But only if it has the mandatory brake on the front wheel as well, as the law prescribes. We can't choose to comply with only the bits that suit.

Accordingly the defence has accepted that he had no brakes, that stated in court today.
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Didn't realise that he did not have a front brake.

 

[Deleted member 4366]

The regulation 7. (10 (b) (i) says that fixed wheel bikes must have a brake on the front wheel. None of the exclusions apply. 10.(1) says it's illegal to use a non-compliant bike on the road. That's pretty clear and the guy didn't have a front brake, so he's out.

He should be found guilty and punished for that offence. Regarding the punishment, they should take into consideration how much the lack of brake contributed to the collision. If it was clear that it wouldn't have made any difference if he had the best brake in the world, then he should just get a small fine. If on the other hand it's clear that he would have been able to stop or slow down had he had a front brake, then he will have to pay for the consequences.

Riding such a bike at 20 mph doesn't to me sound like furious cycling or anything similar. That's perfectly normal for people that ride similar bikes on the road. If they try and say that the accident happened because 20 mph is too fast, then none of those lycra-clad road-bikes can ever go on the road again, except when the road is closed.

If he had had a front brake, I'm pretty sure that they would have all come to the conclusion that he didn't do anything wrong. Obviously, if he committed any other offence, like riding on the pavement or jumping a red light, that would be different.

 

[cosybike]

As far as I can tell, he was riding on the road. She was on her phone and stepped in front of him.

I'm not saying this is what happened, but you know how it is: They see you, then step one way, and then panic, change their minds and try and step back the other way. You already changed direction once to miss them, but when they step back, you can't get off a collision course. You didn't brake at first because they stepped one way and you steered the other. I've had that loads of times, but I'm always ready for it and able to do an emergency stop. The worse case is when there's to people and they step different ways. maybe it's the herding instinct, but one will always try and reach the other at the last moment.

What I find most annoying is that they shouldn't be there in the first place. If they only stuck to the segregated footpath, nobody would have to suffer any stress.

I can report much success with my pet squeaky toy instead of a single ping bell. It has a long duration, is funny, doesn't panic people and they seem pretty predictable. Dogs pay attention too...although some just sit and wait for the toy!! A minor hazard taken into account.

Sent from my Lenovo YT3-850F using Tapatalk

 

[wheeler]

I wonder if things would have been different if she had worn a helmet.


wheeler

 

[Danidl]

I wonder if things would have been different if she had worn a helmet.


wheeler

It would, and was he wearing one either?. Look it was a very unfortunate accident, one with fatal consequences, second guessing does nobody any good.
There would be no fatal falls if we all went around in those fun inflatable sumo wrestler suits, but there might be an increase in heart attacks etc due to dehydration and heatstroke. Life is a Risk...

 

[flecc]

Since the days when drivers commonly received a fine for causing death, the attitudes of the CPS and courts has hardened in response to public fury.

The norm is now a custodial prison sentence for causing a death on the roads, two years being not unusual. In this case the charge is the far more serious one of manslaughter, which the defence will no doubt be hoping to reduce to causing death. I'll be very surprised if he got away with a fine, and doubt the prosecution would accept and rest content with that.
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[ttxela]

I recall watching a film about cycle couriers a while back 'Premium Rush' it was called. The hero whizzes about on a 'fixie' regularly stating "brakes will get you killed" he urges his similarly employed girlfriend to remove her brakes and after suffering an accident where she can't stop in time she does so.

I don't think I've ever ridden a 'fixie' given that in my experience a properly adjusted brake is quite capable of locking the wheel why do people prefer them?

 

[flecc]

I recall watching a film about cycle couriers a while back 'Premium Rush' it was called. The hero whizzes about on a 'fixie' regularly stating "brakes will get you killed" he urges his similarly employed girlfriend to remove her brakes and after suffering an accident where she can't stop in time she does so.

I don't think I've ever ridden a 'fixie' given that in my experience a properly adjusted brake is quite capable of locking the wheel why do people prefer them?

I think fixie riding is akin to showing off, since it best suits those with confidence in a high degree of riding skill. They rely on their skills at avoiding problems, rather than the totally inadequate braking ability of the fixie transmission.

Very long ago I tried riding a fixie in town for a while but eventually disliked it. There is no true braking ability, it's more speed regulation than being able to stop quickly, especially when riding fast at high cadences.

At normal cycling speeds in an emergency a snatched front brake will as much as halve the speed almost instantly. No matter how strong the rider, a fixie will travel several metres to do that.
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[Amoto65]

Let it be a warning for all the people riding illegal ebikes on the road, cycle paths, towpaths etc a probable prison sentence will follow if they are unfortunate enough to have this type of accident as they could not only be charged with similar offences but also no insurance/mot/tax etc..

 

[Danidl]

Let it be a warning for all the people riding illegal ebikes on the road, cycle paths, towpaths etc a probable prison sentence will follow if they are unfortunate enough to have this type of accident as they could not only be charged with similar offences but also no insurance/mot/tax etc..

... Has that court case concluded?

 

[oldtom]

... Has that court case concluded?

Not yet Dan - the trial continues in Court 11 at the Bailey on Monday 21st.

This is helpful in that regard:

old-bailey-cases-of-interest

Tom

 

[OxygenJames]

I don't know what to make of this case but I hope this insensitive twat gets to spend some time with other criminals so he can ponder his actions and statements. What callous indifference he has shown towards the unfortunate victim of his disregard for the law!

http://www.bbc.co.uk/news/uk-england-london-40927791

Tom

She was texting while wandering across the road and when she saw him she froze. He had no front brake (but a back one). What are we to make of it? To me? Sounds like its 50-50. How many idiot women do you see (let's be honest it's mainly women) with their heads down in their phones? They wear their phones like jewellery - holding it out in front of them like some kind of 'come f*** me' b******t. It's a wonder more of them don't get run over. Him? He was asking for trouble the idiot. Some sort of macho 'look how cool I am I don't even have any front brakes' crap. He'll probably go down. It might teach him a lesson.

 

[OxygenJames]

I've had similar. Coming up behind a group of walkers. They are on the left. I slow down & aim towards the right of them. Last minute a couple turn around then one of them jumps, from safety on the left, across to the right & directly in my path. I go off track to avoid a collision & then they have the cheek to shout at me!

Not sure really why he jumped in front of me. Is it the feeling that when danger is perceived a panic sets in & they HAVE to do something, rather than taking a second to assess the situation & realise they are not in danger??

Right. Like I say. It's a wonder more of them don't get run over.

 

[OxygenJames]

I think fixie riding is akin to showing off, since it best suits those with confidence in a high degree of riding skill. They rely on their skills at avoiding problems, rather than the totally inadequate braking ability of the fixie transmission.

Very long ago I tried riding a fixie in town for a while but eventually disliked it. There is no true braking ability, it's more speed regulation than being able to stop quickly, especially when riding fast at high cadences.

At normal cycling speeds in an emergency a snatched front brake will as much as halve the speed almost instantly. No matter how strong the rider, a fixie will travel several metres to do that.
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You're right. It is showing off. And he will probably pay for it. Rightly so in my opinion.

 

[Deleted member 4366]

Unless he's found completely not guilty, he'll face a civil case as well, so he might as well go to jail.

 

[Danidl]

Unless he's found completely not guilty, he'll face a civil case as well, so he might as well go to jail.

I suspect that he will be found not guilty. In previous cases , and there have been a few of these "wanton and furious" cases, as my looking up the web has shown, the person had been doing something decidedly wrong.. zooming down a road and deliberately mounting the footpath and killing a pedestrian. Overtaking without due care on a private road.

It is difficult to say of the deceased, but the victim in this case contributed to the outcome. Had their heads clashed differently he could have died, not her.

In his case the prosecution would need to prove that failure to have a front brake was the cause of the accident., or that he deliberately targeted the pedestrian.
Had the metropolitan police a campaign in place advising that fixies without front brakes were illegal? If not then the argument that he should have known better is weakened.

 

[flecc]

In his case the prosecution would need to prove that failure to have a front brake was the cause of the accident.

I can't see that being a problem. In his evidence he said he first shouted a warning, then when he got no response he shouted a second warning. It was only after that he collided with her.

Clearly he had plenty of time to apply a brake if he'd had one to at least slow well down, since his shouts clearly showed he was well aware of the danger she was in.

In the same circumstance, and I have experienced similar more than once, I'd have been down to walking pace from the 18 mph he was said to have been doing. Pedestrians are very vulnerable and there is no excuse for not allowing for that, regardless of how foolishly they behave.
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[Nealh]

We can only guess the outcome of the case, the fixie rider didn't set out to kill any one that fateful day. Both parties were at fault and the unfortunate lady as much to blame as the rider. Probable verdict I think will be Accidental death, he will be given maybe a hefty fine and a suspended sentence. Any verdict would have to consider her actions as as well as his, at the end of the day both were careless.

 

[flecc]

at the end of the day both were careless.

Riding a bike without any brakes goes far beyond carelessness, it's intentional.

Remember, as I've already pointed out, the fixie transmission does not count as a brake and the defence have acknowledged that he had no brakes.

The regulations clearly state that a fixie with a front brake fitted has one brake, and that is legal.
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