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Driver accused of causing London cyclist’s death after opening van door dies two days before trialStatue of Justice, Old Bailey (licensed CC BY 2.0 on Flickr by Ronnie Macdonald).jpg

Driver accused of causing London cyclist’s death after opening van door dies two days before trial

Professor Maria Bitner-Glindzicz was killed when she swerved into the path of a taxi last September
by Simon_MacMichael
Tue, Apr 23, 2019 17:44
13

A driver who had been accused of causing the death of a cyclist in London after opening the door of his van, with the rider swerving into the path of a taxi, has died two days before he was due to go on trial.

Professor Maria Bitner-Glindzicz, aged 55 and a doctor at Great Ormond Street Hospital, was fatally injured on 19 September last year when she was struck by a taxi as she took evasive action.

The van driver, who has not been named, had been due to appear at Highbury Corner Magistrates’ Court last week, reports the London Evening Standard.

However, the case was closed after the court learnt that he had died two days previously, reportedly suddenly while sleeping.

The 43-year-old had been charged with opening a car door, or causing or permitting it to be opened, so as to cause injury, an offence punishable with a maximum fine of £1,000.

According to the Standard, the 62-year-old driver of the taxi was interviewed by police in October on suspicion of causing death by careless driving and a file passed to the Crown Prosecution Service, but that case has now been dropped.

Professor Bitner-Glindzicz’s family is bringing a civil action in connection with her death and the lawyer working for them, Dushal Mehta from the firm Fieldfisher, said: “People whose loved ones are killed on the roads need to know they are fully supported by the law.

“I’m not convinced at the moment that is true.”

The charity Cycling UK has led calls for stricter penalties, including the option of imprisonment, and for a new offence of causing death or serious injury through opening a vehicle’s door.

Maria Bitner-Glindzicz
dooring
Simon MacMichael

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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13 comments

Avatar
cycle.london | 5 years ago
3 likes

Professor Bitner-Glindzicz was a friend and colleague of my wife's.

Since the day she found out what happened, my wife has been too afraid to cycle in London.

That's one of the often overlooked effects of incidents like this.  The family's loss cannot be overstated, and I feel that nothing can assuage their grief.  2   But every time something like this happens, there are some people who swear never to get on a bike again.

Avatar
Legs_Eleven_Wor... replied to cycle.london | 5 years ago
1 like

cycle.london wrote:

But every time something like this happens, there are some people who swear never to get on a bike again.

Of course there are.

This is official Conservative Party policy.

Avatar
zero_trooper | 5 years ago
0 likes

Surely this incident was covered by the van driver’s motor insurance policy (yes, I’m aware that he wasn’t driving at the time)?

Is the civil action against the motor insurers?

Avatar
zero_trooper | 5 years ago
0 likes

Surely this incident was covered by the van driver’s motor insurance policy (yes, I’m aware that he wasn’t driving at the time)?

Is the civil action against the motor insurers?

Avatar
ktache | 5 years ago
7 likes

My deepest sympathies to the family and friends of Professor Maria Bitner-Glindzicz.

Avatar
levermonkey | 5 years ago
2 likes
  1. The CPS has decided that the Taxi driver has no case to answer as Dr Bitner-Glindzicz's swerve gave him insufficient time to react and avoid collision.
  2. The alleged (And at this point it is still alleged) initiator of the incident is unable to appear in court. As they cannot appear in court they cannot defend themselves from the charge.

This is a tragedy all round but I fear that the lawyers, Fieldfisher, are now going to turn tragedy into farce. By bringing a civil action their target can only be the estate of the deceased driver. At 46 years old the deceased is likely to be leaving a young family behind, debts, and very little in the way of capital investments. 

Do they really need to have lawyers persuing and harrassing them at this time?

Avatar
growingvegtables replied to levermonkey | 5 years ago
7 likes

levermonkey wrote:

By bringing a civil action their target can only be the estate of the deceased driver. At 46 years old the deceased is likely to be leaving a young family behind, debts, and very little in the way of capital investments. 

Do they really need to have lawyers persuing and harrassing them at this time?

 

WTF? 

 

Just possibly, the driver (now deceased) should have thought of HIS responsibilities, in no particular order, to a vulnerable road user, and to his family.

 

Driver's choice.  He, apparently, DGAF.  For his family, or the vulnerable road users around him. 

 

Please - the driver made a choice.  His choice.  Knowing his commitments.  And he DGAF.

Avatar
Legs_Eleven_Wor... replied to growingvegtables | 5 years ago
2 likes

growingvegtables wrote:

levermonkey wrote:

By bringing a civil action their target can only be the estate of the deceased driver. At 46 years old the deceased is likely to be leaving a young family behind, debts, and very little in the way of capital investments. 

Do they really need to have lawyers persuing and harrassing them at this time?

 

WTF? 

 

Just possibly, the driver (now deceased) should have thought of HIS responsibilities, in no particular order, to a vulnerable road user, and to his family.

 

Driver's choice.  He, apparently, DGAF.  For his family, or the vulnerable road users around him. 

 

Please - the driver made a choice.  His choice.  Knowing his commitments.  And he DGAF.

Indeed, by the slightly idiotic 'logic' of levermonkey, the state shouldn't be in the business of imprisoning or fining anyone who has dependents, as there will be a negative effect on the latter.

I'm slightly suspicious that this person's name has not been made public.  That usually means that he was a friend of a police officer (in my experience, that sort of 'favour' usually requires Chief Inspector rank or higher) or a councillor or an MP.  

Avatar
Legs_Eleven_Wor... replied to levermonkey | 5 years ago
2 likes

levermonkey wrote:
  1. The CPS has decided that the Taxi driver has no case to answer as Dr Bitner-Glindzicz's swerve gave him insufficient time to react and avoid collision.
  2. The alleged (And at this point it is still alleged) initiator of the incident is unable to appear in court. As they cannot appear in court they cannot defend themselves from the charge.

This is a tragedy all round but I fear that the lawyers, Fieldfisher, are now going to turn tragedy into farce. By bringing a civil action their target can only be the estate of the deceased driver. At 46 years old the deceased is likely to be leaving a young family behind, debts, and very little in the way of capital investments. 

Do they really need to have lawyers persuing and harrassing them at this time?

Yes.

Will there be anything else?

Avatar
alansmurphy replied to Legs_Eleven_Worcester | 5 years ago
1 like

Legs_Eleven_Worcester wrote:

levermonkey wrote:

​

Do they really need to have lawyers persuing and harrassing them at this time?

Yes.

Will there be anything else?

 

Could you advise on which HRM you use when out on a ride? Mine sometimes loses connection but if yours can find that cold, dead, piece of stone within then it must be good!

Avatar
Legs_Eleven_Wor... replied to alansmurphy | 5 years ago
0 likes

alansmurphy wrote:

Legs_Eleven_Worcester wrote:

levermonkey wrote:

​

Do they really need to have lawyers persuing and harrassing them at this time?

Yes.

Will there be anything else?

 

Could you advise on which HRM you use when out on a ride? Mine sometimes loses connection but if yours can find that cold, dead, piece of stone within then it must be good!

I use an Apple Watch.  Unfortunately, there is no strap big enough to go around the hips, and there is as yet no app available that will allow it to scan for brain waves.

So you should probably find another solution.  

Avatar
alansmurphy replied to Legs_Eleven_Worcester | 5 years ago
0 likes

Legs_Eleven_Worcester wrote:

alansmurphy wrote:

Legs_Eleven_Worcester wrote:

levermonkey wrote:

​

Do they really need to have lawyers persuing and harrassing them at this time?

Yes.

Will there be anything else?

 

Could you advise on which HRM you use when out on a ride? Mine sometimes loses connection but if yours can find that cold, dead, piece of stone within then it must be good!

I use an Apple Watch.  

 

Figures, and here's you having a pop at Audi drivers...

Avatar
Legs_Eleven_Wor... replied to alansmurphy | 5 years ago
0 likes

alansmurphy wrote:

Legs_Eleven_Worcester wrote:

alansmurphy wrote:

Legs_Eleven_Worcester wrote:

levermonkey wrote:

​

Do they really need to have lawyers persuing and harrassing them at this time?

Yes.

Will there be anything else?

 

Could you advise on which HRM you use when out on a ride? Mine sometimes loses connection but if yours can find that cold, dead, piece of stone within then it must be good!

I use an Apple Watch.  

 

Figures, and here's you having a pop at Audi drivers...

Stop humping my leg, son.  

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