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12 comments
Willrod, because Heseltine has pleaded guilty to the offence the cyclist will easily win if it went to court, insurers will not want this as costs would dwarf any payment, they will or course try and make some ridiculously low offers, but if the injured party's soliciters are doing their job right, and they should because that's how they get paid, his compensation should be reasonable. Nothing of course can truely compensate for the pain and inconvienience caused by the moment(?) of utter stupidity.
I am no expert and I stand to be corrected in any of this, but this is what I took from my experiences.
Pretty much. As criminal charges must be proved deyond reasonable doubt, and civil cases are only balance of probability, a criminal conviction is a sure win on a compensation case. Although the amount must still be agreed.
This is why HSE prosecutons are contested, the fines levied are generally small compared to legal costs, but a guilty verdict opens the door to significantly larger compensation awards.
Earlier this year, Vine published a video of an aggressive motorist who swore and kicked out at him, apparently in frustration at his having ridden in front of her in the middle of a narrow road.
2016.
Though glad to hear that there was at least an outcome of sorts for that particular episode.
I would recommend anyone with similar experiences writing with evidence to the following inquiry by January 2017:
(All Party Parliamentary Cycling Group)
Cycling and the Justice System [inquiry]
https://allpartycycling.org/inquiries/justice/
In early 2017 we will be conducting an inquiry called ‘Cycling and the Justice System’. The select committee styled enquiry will will seek the views and experiences of cycling organisations, Government departments and ministers, individuals and members of the general public on whether the current judicial system is serving all cyclists.
We are calling for cyclists who have been involved in road traffic incidents, or friends and families who have sought justice in their absence, to participate in the public inquiry which will run until 28 February.
The APPCG will run four oral evidence sessions in January and February 2017 on the following issues:
Road users and victims
Enforcement and investigation
Criminal Law
Driver awareness and civil justice
These are some of the issues that could be investigated:
Should there be greater priority of traffic law enforcement and’ road crime’ for all police forces?
Should police forces enforce 20mph speed limits, and speed reduction?
Should there be a revision of careless and dangerous driving charging standards
Should the ‘presumed liability’ civil compensation system be introduced?
Do police investigation, criminal prosecution, sentencing and inquests need reviewing?
How are prosecutors trained on the distinction between “careless” and “dangerous” driving?
Should there be more use of lengthy driving bans and resisting hardship pleas by the courts?
Should the DfT, Home Office and MOJ collaborate on collision and conviction data?
Should the Police and CPS be required to report on how they deal with road collisions?
Should there be a National Standards on collision investigation?
Should road crash victims be covered by the Victims’ Code?
Does the Highway Code need updating to reflect an increased duty of care on drivers?
Should there be a clearer definition of what is the standard of the competent and careful driver?
Should police forces/the CPS release the collision report when complete, and prior to conclusion of the criminal process?
If you would like to submit evidence to the inquiry, please email us your comments or experiences. Please submit a maximum of two pages of A4 and choose no more than five issues that you consider are the most important for us to consider in this inquiry. Please use ‘APPCG Justice Inquiry’ as the subject of the email.
The deadline for submitting evidence is the 16th of January 2017.
I'll be further cutting back on my consumer spending this year, as the government is clearly hesitant to act for our common good. Maybe they will have to up their game when the economy suffers.
you be sure to write and tell Mrs. May every time you don't spend something, otherwise how will she know?
Meanwhile...
http://www.bbc.co.uk/news/uk-england-northamptonshire-38534069
Good level of fine for once, but I would have hoped for a retest.
Not sure I agree that £5000 is sufficient for causing someone to need pins and plates for shattered knees.
And this being Heseltine, the latest tory needing to show the cycling riff raff their place (though arguably it was June - ie before the Transport minister's assault through negligence), it would be better if an example were made - you'd think they would know better after all...?
You are very right, but when someone can kill a cyclist and get a £200 fine, https://www.theguardian.com/environment/bike-blog/2010/nov/09/cyclist-de... you can off 25 of us for 5 grand.
The cyclist will get a huge payout from Heseltines insurers, with hopefully difficulties in getting insured again by Lord Heseltine. With the option of suing Heseltine personally by the injured party. I also would hope Heseltine's family may attempt to either persuade him to never drive again, which may not be so easy, or take away his keys.
The bloke with the £200 fine went on and killed again, http://thecyclingsilk.blogspot.co.uk/2012/08/joao-lopes-sentence.html
I'm still unsure as to how much an insurer would actually pay out to an injured cyclist?
Especially with the new £5000 minimum. I'm sure that even if your claim would ultimately be worth more than £5k, they will still pretend it's not serious enough to even try compensating you.
I know of two or three people who were given far less than the market rate for their cars after accidents that weren't their fault. I expect insurers are the same with injuries and replacement cycle gear.
I'd like to think this behaviour is so rare, that it would be front page news...
I'm not suggesting this is an old story but did you notice they're all on penny farthings?