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Driver worked and drove all night before fatal collision with cyclistbristol city centre.jpg

Driver worked and drove all night before fatal collision with cyclist

Community service order, fine and driving ban the penalty for killing a cyclist
by Mark Appleton
Wed, Oct 20, 2010 11:35
11

A van driver who had been working and driving for the 13 hours before he was involved in an accident which killed a cyclist, has received a community service order, a fine and a driving ban the Bristol Evening Post reports.

Bristol Crown Court was told that Benjamin Stallard failed to see Dr Steven Morris when he joined the A370 by the city's Ashton Gate underpass in August last year. 

The court heard that Stallard “clipped” Dr Steven Morris, a 52-year old university professor and father of three. Dr Morris died 12 hours later, having sustained unsurvivable head injuries, despite wearing a helmet. According to prosecution evidence Stallard would have had up to 5 seconds to see Dr Morris before hitting him.

Stallard, who has previous convictions for speeding and driving whilst using a mobile phone, claimed that despite working and driving overnight he was neither tired nor distracted at the time of the accident, 7.15am. However, he admitted causing death by careless driving.

Sentencing Judge Neil Ford QC imposed a two-year community order, involving 200 hours of unpaid work, £350 costs and a two-year driving ban.

The judge told him: "There is no evidence of excessive speed or of aggressive or impaired driving. You failed to notice a cyclist when emerging from a difficult junction.”

"The case involves a vulnerable road user and motorists have an obligation to take particular care to look for cyclists and motorcyclists."
 

Cycle Safety
Bristol

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11 comments

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londonplayer | 14 years ago
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I feel that this is an all too often occurrence and the same feelings of anger pass over me every time we read of cases like this. Lack of responsibility by the driver, a weak sentence and lack of interest by the police and CPS.

I regret to say this but feel it is the only solution. We need a prominent judge, politician or celebrity cyclist to be killed in an horrendous accident by a grossly irresponsible driver in order for Parliament, the CPS and Police to wake up and smell the coffee. Until then, the judiciary will continue to drift along handing out inadequate sentences.

If drivers knew that if they kill a cyclist, they will be punished severely, they might decide to treat us a bit better.

For the record, I hold a driving licence.

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antonio | 14 years ago
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The judge will probably be judged exemplary at some point and promoted to the House of Lords no doubt.

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OldRidgeback | 14 years ago
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The law is an ass i I seem to have said that before

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giff77 | 14 years ago
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Let me see... The accused wasn't tired or distracted despite a shift of 12 hours or so. 5 seconds to react. Previous convictions. And all he gets is a slkap on the wrist!

I was always ofthe understanding that to gain a driving licence was an acknowledgment of that individuals ability todrive safely onthe roads... Guessi was wrong!!!

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timlennon | 14 years ago
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Mind, 20 seconds on t'internet suggests that Neil Ford - the judge involved - doesn't actually think that one should take particular care: he suspended a sentence for a lorry driver who cheated on his eye test and then killed someone: http://www.guardian.co.uk/uk/2009/nov/02/eye-test-cheat-lorry-driver

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timlennon | 14 years ago
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Come now. There's no evidence of intent, the victim was only a cyclist, and he just happened to be in the wrong place at the wrong time.

Really, you lot seem to be suggesting that if you drive a motor vehicle you should take actual responsibility for what happens when you're in charge of it!

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TiNuts | 14 years ago
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He would probably have got a heftier sentence if he'd burgled the poor dead doctor. When is the judiciary in the UK going to wake up?

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Tony Farrelly | 14 years ago
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Five seconds does seem like a long time not to see somone in this situation

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Shiny Flu replied to Tony Farrelly | 14 years ago
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tony_farrelly wrote:

Five seconds does seem like a long time not to see somone in this situation

That's exactly what I'm thinking.

I'm also thinking that his wrists have hardly received a slap at all.

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dave atkinson | 14 years ago
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No evidence of impaired driving, except that an innocent third party is now dead.

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cactuscat | 14 years ago
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Quote:

motorists have an obligation to take particular care to look for cyclists and motorcyclists

not that much obligation though, eh 22

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