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news
Justice (Lonpicman, Wikimedia Commons)Delivery driver who killed cyclist after driving into the back of him at 5mph says he didn't see him
A Leicestershire delivery driver ‘did not see’ a cyclist before hitting him as he pulled up to a junction at about 5mph. Paul Naylor, 66, had been waiting to turn right on his bike when he was hit from behind by Jonathon Wilkinson. The cyclist hit his head on the road, suffering a severe injury, and died in hospital 15 days later.
The Leicester Mercury reports that Wilkinson had been at work in Bumblebee Lane, near Sharnford, and was on his way to his mother’s home in Nuneaton when the collision took place at the junction with the B4114 just after 4pm on Tuesday, June 5 last year.
The incident was captured on a nearby home’s CCTV. Naylor came to a stop at the give-way junction, put his foot down and checked to see whether it was safe to turn right.
Twelve seconds later, Wilkinson’s Vauxhall Astra hit him from behind.
Naylor fell to the ground and Wilkinson could be seen on the footage reversing, getting out of his car and phoning 999.
Neil Bannister, prosecuting, told Leicester Crown Court: “Mr Wilkinson should have seen Mr Naylor and reacted in a safe manner.
“The defendant was not distracted by a phone, there was no evidence of any alcohol or any drugs. But he confirmed he did not see Mr Naylor until the collision happened.”
Bannister said Naylor regularly went out for bike rides of up to 40 miles and wore bright colours, but no helmet.
Daniel Oscroft, defending, said Wilkinson was extremely sorry and accepted that Naylor was blameless.
He said Wilkinson had been about to turn left and had not seen Naylor because his view was obstructed.
He said: “It is an accident borne out of complacency and over-familiarity with a stretch of road used every day, sometimes multiple times.
“A vehicle waiting at the junction can be easily seen. Unfortunately because of the undergrowth his view of the bicycle was obscured. His complacency meant he was not expecting to see anything else. He can never take back what he did and regrets his actions.”
Wilkinson pleaded guilty to causing death by careless driving.
Judge Nicholas Dean said Wilkinson’s actions constituted “more than momentary inattention” and therefore warranted a custodial sentence, but suspended the six-month sentence for 12 months.
He also gave Wilkinson a 30-month driving ban.
“No purpose would be served by me sending Mr Wilkinson to prison,” said the judge. “The punishment in this case is the knowledge he is responsible for causing a death and that knowledge will stay with him for the rest of his life.”
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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10 comments
I think the driver did have genuine remorse. He did plead guilty after all.
In so many of these sorts of cases drivers plead not guilty and get found not guilty by a jury.
Eg Gail Purcell, Helen Measures and the bloke who killed little Esme Weir while driving onto the pavement.
In all three of those cases, the idea that they were not guilty of careless driving is plainly ridiculous, but they still brazenly believed in their innocence and the juries believed them.
Sad case but I don't think there would any point in sending him to prison.
I do think further driver education is needed though. At the very least an extended retest with a focus on reading the road ahead and spotting vulnerable road users.
Perhaps all drivers should do this every ten years.
I've become so inured to these types of stories that I actually found myself thinking the driver had got a harsh penalty here.
Two things that can't be judged by the reporting of this story could have been covered in more detail, I take it that roadcc's report is based on the reporting in the local paper.
First how far was he carried on the bonnet, a short distance could be feet or several yards.
Secondly what was the injury that caused the death. Presumably he got his head after falling from the bonnet. It's claimed that between 1% and 5% of the population has an undiagnosed aneurysm in the brain.
Ironically this is possibly the first case I can remember where the reported collision speed was within the design parameters of a cycle helmet.
The actions are massively worse than Alliston yet he was charged with manslaughter and got a lengthy prison sentence despite actively trying to avoid the other party!
The system is a fucking joke and this will continue to happen when police, CPS, judges and jurists continue to protect/absolve motorists of their heinous crimes!
Bent as fuck!
I don't even have to see the cctv to know what happened. Driver approaches the junction looking to the right for approaching cars but doesn't notice what's ahead of him. Had it been a car it would have been a small shunt. Unfortunately it was a cyclist.
For the judge to say “No purpose would be served by me sending Mr Wilkinson to prison,” is appalling but no doubt because he considered the absence of a helmet contributary to the outcome.
It's far too easy these days to dismiss carelessness regardless of the consequences.
Not so much "didn't notice what was ahead of him" as "quick check out of the corner of his eye for anything the size of a car or bigger", I'd imagine; but too many drivers turning left only check to their right, so I'm sure that you're correct on that.
“The punishment in this case is the knowledge he is responsible for causing a death and that knowledge will stay with him for the rest of his life.”
The utter complacency in the judge's statement. Words fail me.
"After carrying Mr Naylor along on his bonnet for a short distance he stopped and the 66-year-old cyclist slid onto the road, banging his head and suffering a severe injury."
And all this at 5mph.
Are we to believe the CCTV corroborated the speed? In which case it would show there was no obscuring of the view.
Obscured by a hedge?
https://maps.app.goo.gl/KYucraxtAtggVsAx7
In the middle of the road?
No purpose sending him to prison - like the majority of crime. If he were in prison, he would not be able to kill anyone on the public highway.
Still, car driver - could have happened to anyone.
"The incident was captured on a nearby home’s CCTV. Naylor came to a stop at the give-way junction, put his foot down and checked to see whether it was safe to turn right.".. So I assume this CCTV also shown the bushes growing in the MIDDLE of the road obstructing the drivers view ?
The road does bend left before the junction, but that simple implies he took the bend at a speed that meant he was unable to stop, or simply was not looking at all. Likely hadn't seen any cars ahead, so assumed there was no vehicles waiting at the junction, and was too busy looking to his right to check for approaching vehicles to avoid stopping at the junction to look straight ahead of him. Even if the verges were needing cut, sitting on the right hand side of a car, he had plenty time to see the cyclist ahead of him.