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Justice (Lonpicman, Wikimedia Commons)£850 fine for red light running cyclist who put man in coma for six days
A cyclist who put a man into a six-day coma after going through a red light on a pedestrian crossing has been fined £850 at Hammersmith magistrates’ court, reports the London Evening Standard. Reeve Allen pleaded guilty to cycling without due care and attention and causing serious injury.
Anthony Da Costa was knocked unconscious during rush hour on June 30, 2015, when Allen collided with him outside his work near London Wall.
A doctor who was buying a coffee nearby gave Da Costa CPR, but he then spent six days in a coma having suffered a bruised brain and a fractured skull and facial bones.
“In August the neurosurgeon warned that certain aspects of myself may never be the same and that if I had half the level of energy by December it would be equivalent to an Olympic achievement — that is why I believe my recovery was miraculous. At this stage the only obvious consequence is that I have lost my sense of smell completely and that also affects taste.”
Da Costa said it had been a slow road to recovery but added that he was ‘just happy to be alive’.
“I eventually, slowly started getting better, but was having serious headaches, like I was biting into ice-cream, but much more intense, like my head was going to explode,” he said.
He said that even just having a bath or a shower was ‘a chore. “It felt like I was a 90-year-old man. But I went from nothing to being able to walk again — I’m even going to the gym now.”
As well as the fine, Allen was ordered to pay costs of £150 and a victim surcharge of £85.
Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.
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34 comments
Because he was guilty. You don't pay costs (generally) where you're acquitted.
He couldn't GET any more. He got credit for his guilty plea. Indeed, I'm not actually sure, given the MAXIMUM penalty how he got £850.........though it's possible the Magistrates applied the overwhelming evidence test.
How often do we see a ludicrous sentence passed on a motorist?
Well I think the cyclist here can count himself very lucky not to have gotten more. He's gotten off very lightly.
I'm really surprised this kind of incident doesn't happen more often, bearing in mind what I see every day whilst cycling through London
the mindset of a person that thinks its okay to ride through a red light at pedestrians who are legimately crossing that junction, is something I can't understand?
I feel sore about the issue of RLJ after having been knocked to the ground in Camden by a young cyclist who rode through a red light at the lights next to Sainsbury's whilst I was crossing on foot. I was lucky to escape with a bruised jaw and sore arm. He fled dragging his damaged bike whilst other pedestians helped me to my feet.
And I guess that's the thing. The people who argue for RLJing not being so bad for cyclists are talking about situations where a cyclist can just slip through without coming into conflict with either pedestrians or other road users. They are generally not talking about whip-skidding your way through a crowd of legitimately crossing pedestrians, nor doing a Premium Rush across a busy cross-road of motor vehicles.
Reading this story, it seems that the laws about road-use and injuries caused by road users (whether motorised or not) do need to be revised.
#multimodalidiots
A year in prison costs the tax payer £40K - £50K. Better the defendent was out earning but facing a very large payment to the victim (comparable with the prison costs) rather £150 costs and £85 victim surcharge.
The victim surcharge is set. It's, in the case of a fine, 10% of the fine. And it doesn't go to the victim, it goes to witness/victim support groups etc.
He will be making a large payment to the victim. The only question will be whether he's insured or not and how long that payment will take.
What a joke, this guy was reckless to the point of criminality, the consequence were horrific. He should be serving time.
Another reason not to RLJ despite what the tossers tell you.
Umm, he passed the point of criminality, hence the conviction
Folks, our prisons are full and we incarcerate proportionally more of population than most of our European neighbours. Nothing excuses what this tit did and he is probably (rightly) facing a ruinous civil claim. He was properly charged and convicted. If he is facing massive financial liability that adequately compensates the victim, then justice will be done IMO.
This.
Also, suspect very few road.cc readers have the faintest idea of the consequences of imprisonment for the individual at fault and his/her family. If you want to take an idiot and turn them into a permanently criminal idiot, incarceration is a great idea.
The punishment may not fit the crime, but prison is almost certain to produce a worse outcome.
I get your point, but, to be honest, when I first read the headline I misread it, and thought it was a motorist that had done this and gotten that fine. And my thought was 'as usual, a ridiculously light punishment'. Having realised it was a cyclist, it would be pretty damn shameless of me to then change my mind about thinking it a soft penalty!
And I don't see it matters much whether its judges consistently giving light sentences for certain offences or it being the fault of the law (or just consistently biased juries). Its all an outcome of the same general bias, that we don't treat road traffic danger as the serious issue that it is.
The punishment seems light, but in line with other injury caused by a vehicle on the road.
The whole area of injuries caused by vehicles needs to be tightened up.
And _this_ is why you shouldn't be running red lights unless you've checked very carefully that there is no one about. Not because of your own safety, but because you can hurt another human.
I suppose there is no mechanism to indicate on this cyclists driving license that he's possibly not a fit person to be in charge of a more dangerous vehicle?
I think they key learning point here is... red light or not don't ride into people.
While the 'sentance' seems light compared to the consequences, it is in line with sentances for drivers or even for industrial innuries caused by negligence. But of course it does make a civil actioopn pretty certain to succeed.
What I don't understand is why he had to pay court costs, since he pleaded guilty.
It's not necessarily over yet: a civil compensation claim against the cyclist will be easy enough, given the verdict and the impact of the incident on the victim - for the cyclist's sake I hope he has membership of LCC or some other cycling organisation which provides third party liability insurance cover.
or just home a home contents insurance policy which will cover you for personal liability for at least £2 million, which will cover you for something like this.
I wouldn't have a problem with the two cyclists a year who are convicted of careless cycling going to prison, just as long as the hundreds of motorist convicted of careless drivers are going to prison too.
Gawd, don't some of you read before posting? Look up the law!
Bender is right. Sentence reflects whats available and is spot on. Its the civil claim this guy has to be worried about.
It would be better I think if the road.cc writers could refer to the sentences available in these stories. At least then posters would have some idea what's available. There seems to be a belief that you can go to prison for anything.
You are too generous Bender. If they are posting then they are on the internet and they can take a minute or 2 to look up whatever it is they feel like like ranting or moaning about.
I think you are missing my point, and I suspect that of my fellow ranters and moaners.
My comment was what I think is appropriate. That may not be possible from a particular charge or category of crime. But that wasn't my point.
You're conflating two different things, i.e. what he deserves (which is what I'm ranting about) versus what he can legally be given in a specific case (which is what you're talking about).
Of course, it's all just opinion on a message board and not of much consequence.
Very few people ever caveat that. They wade in and make broad statements about sentences that simply aren't available.
Exactly. ( long further comments snipped on account of my own ranting!)
Just wait for the civil claim - powerful evidence of a failure in duty of care - did cyclist leave the scene?
As exemplary claims are settled maybe the message will get through?
Fractured skull and CPR. That's crazy. He should have got prison. At least 12 months.
Interesting that there's no mention of whether the pedestrian was wearing a helmet and a hi-viz! I'm sure if it was a collision where the cyclist suffered head injuries that people would start making a big deal about this.
I long for day when I read the comments section of a cycling website and someone hasn't made this hilarious quip. Not because of any faux outrage on my behalf of the pedestrian was railroaded by some douchebag (wishing them a full recovery though) but because it is so painfully unfunny....
Yep 18 months he should have got for this at least.
Should be shown there are consequences for your actions.
Should have as in reform the law? Or should have in relation to an offence for which you can only derive a fine?
The cyclist "got" what the law prescribes. Indeed, it's the same fine as in a similar case in 2012.
He should not have "got" prison. There is no prison sentence available for this offence.
Perhaps he should have been charged with dangerous cycling. That would lead to the possibility of a higher fine.
But, before you clamour for a righteous law change, consider whether what you are asking for has any parity. There is still no causing serious injury by careless driving offence. Drivers are still given suspended sentences for causing death by careless driving.
There's probably a need to consider road sentencing as a whole. But let's not knee jerk because one idiot runs a red light.
And, it's bound to come up, he does not give me a bad name.
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