WoJ: Death of a Pedestrian at Mentone & McGee Case

cfsmtb

fyi - don't allow negative media spin to unfairly criticise all cyclists. We can have input too, all it takes is allowing ourselves to speak up.


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Wheels of Justice: Media Release

Download WoJ Media Release pdf here


Death of a Pedestrian at Mentone

The tragic death has been reported of an elderly pedestrian who was involved in an incident upon Beach Road at Mentone in Melbourne’s bayside at approximately 8.30am on Saturday the 26th August 2006.

It was reported in the media that the elderly pedestrian, while crossing Beach Road, was struck by a cyclist. The pedestrian has subsequently died from their injuries. A Coronial enquiry will take place to find the facts, it is also reported that Police have charged a cyclist from St Kilda East, with failing to stop at a crossing.

Any death is sincerely regretted, while thousands of Melbourne cyclists every day can testify, the road often presents dangers to themselves and also pedestrians as vulnerable road users. On this occasion it is more poignant in that sadly a pedestrian has died and a cyclist is also involved. There are cyclists, just as there are motorists and pedestrians, who break the road laws daily. Wheels of Justice equally deplores these actions.

It is Wheels of Justice’s view there can be no absolving anyone who breaks the law as a road user. Common sense and fairness towards others can go along way to avoiding death and injury, by being tolerant and patient on the roads.

This sad incident adds to the death toll on our roads, and while a pedestrian/cyclist death is extremely rare, it is still unexpected, unwanted and, we would hope for the future, be totally avoidable.


Eugene McGee

On Monday (28/8) it was announced that in South Australia, prominent lawyer Eugene McGee and his brother, Craig, will stand trial on charges of perverting the cause of Justice.

These charges follow the hit-run death in December 2003, of cyclist Ian Humphrey, killed by McGee who was intoxicated and driving. This case highlights the attempt by a road user to avoid charges by hiding from police after the incident.

The Kapunda Royal Commission ensued after McGee was fined a $3100 and had a 12-month loss of license. Public outcry across Australia followed at the lenience of the sentences for McGee, and the Royal Commission brought to life the revelation of Craig McGee’s alleged conspiracy in employing “tactics” of hiding in a quarry for hours to avoid being breath tested, after Eugene McGee ran over Ian Humphrey, and left him for dead on the road.


Role of personal responsibility

The significance of personal responsibility extends to all road users. Cyclists particularly do not normally do any form of road skill course or mandatory bike handling appreciation course in school or when they buy their bikes. There is no control of cyclists as road users to test competency. Thus drivers of motor vehicles (which includes cyclists, as most adult cyclists hold licenses to drive and regularly drive motor vehicles) may become annoyed at the behaviour of some cyclists.

Many cyclists are not necessarily competent to deal with an emergency braking situation or the unexpected, when riding a bike, as they would usually easily deal with in a car. Similarly there are very few competent “trainers “ who could deliver viable cycling instruction to intending adult cyclists.

All road users have a personal and legal responsibility to undertake to be proficient.

Wheels of Justice calls for these statewide-integrated initiatives:

* Improvements to road safety and enhance the potential community benefits of cycling by improved Bike Ed school education and skill delivery for young riders,

* Cycling skills courses to be developed for returning adult cyclists,

* Driver license test to be competently referenced to road laws applying to cyclist awareness.

The community benefit from the positive influence of safe, widespread, cycling, is of great economic significance and should be a priority for all levels of government.

Sadly this has not been the case to date and the negative influence of media and press in a biased sensational way does little to encourage positive change.

As a cycling safety advocacy group, Wheels of Justice advocates for safe road use by all who share our State’s streets and byways, we also seek accountability under the law, and education for greater road safety awareness.

We ask that all who do use the roads, to observe conditions, please consider others and obey the law.

A small thing to ask, but something we can all take a moment to ponder and thus save not only much pain and suffering for others, ourselves and loved ones, but also save lives.

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Noli nothis permittere te terere

cfsmtb

fyi - on Wheels of Justice there is an an overview of Bicycle Rules and Road Laws.

Australian Road Authorities and Bicycle Rules
http://www.woj.com.au/australian-road-authority-links/

Australian Road Rules: December 1999, this 413 pages, so be wary if downloading via a dialup connection!
http://www.woj.com.au/AustRoadRulespts1-21.pdf

Letter Writing Guide
http://www.woj.com.au/resources-and...-writing-guide/

CrankBusters: Debunking Cycling Myths
http://www.woj.com.au/crankbusters/

There's plenty more pages collated if you look at the righthand margin, also have a look at the categories in which I've been filing cycling-revelant news articles.

Plenty of resources & information for you to skill yourselves with if you want to contact the media, or simply inform yourself and others.

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Noli nothis permittere te terere

Aussie Steve

I read two articles on The Age's on-line website...one article was by a Simon Johansen who bagged the Hell Ride and vowed to never participate again. His article is inflammatory and over the top. Some members of Joe Public already views us as a menace on the roads- "you don't pay rego" (most of us do own cars, so yes, we do pay) and we get in the way (why can't they check their mirrors and get around us when its clear).
When I lived in Melbourne, I did thousands of kms with not too much aggro experienced. Here in Perth, motorists are more likely to be silly/arrogant/inconsiderate/intolerant; this comes from their big-country-town mentality.
The unfortunate death is a tragedy. No question about it.
Bunch rides, by their nature, are all about riding in tight formation and at considerable speed. Riders need to be mindful of calling out obstacles and warnings to those behind. Those riders comfortably cocooned within the peleton need to be switched on and not worry about "hey, how do those Ksyriums feel..." and "yeah, I 'm buying a pair of them Sidis next week..."
Just my 2 cents worth, guys and girls...

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I have never had a problem with Premature Ejac... it's my partners that had the problem

PGANDO

The Age journo was just fishing for a bit of CNN-type "on-the-spot" glory. His article added nothing constructive and in fact failed to reiterate the fact that it was really one rider that broke rank and opted to run a set of lights in an attempt to catch up with the first half of the peloton that had made it through the lights. Maybe we are all guilty of not policing the actions of our own enough but I can name too many instances such as when a taxi ran a red light and hit a rider crossing at a pedestrian crossing, when a care failed to give way at a roundabout and hit a hit rider, when a car pulled out of a spot without looking or riders running into car doors that opened without warning (the last one was me unfortunately) to know that idiots are everywhere.
Is there a mentality of undue recklesness? I don't think so but having said that I still don't think that I have done enough myself to counter those that run the lights.....particularly here in Syd which has a decidedly more laissez-faire mentality about road rules (esp in the Eastern suburbs to down South). Criticize me all you want Sydney riders but I have been on enough Coluzzi rides to see it in action.....

mikesbytes

First, it is sad to hear of this tragic accident. Lets hope that this kind of accident never happens again.

A little off topic. The problem in part with the SydneyEastern suburb rides south on Sundays, is many of the bunches are simply too big to get thru the lights in one set. It seems to me that you are better in a smaller bunch, where traffic light problems can be avoided. Also one rider suggested that at after Captain Cook bridge, at the top of the hill where you turn right, that the larger bunches are better off spliting into two, using both lanes to turn right, as the light has a short timing period.

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Training Log

Aussie Steve

Very good points by Pgando and MikesBytes...in particular the point about the journo wanting his moment of fame...when the poison-pen hero is at the pub, the footy, a party with friends, etc, he can get on his soapbox and hog the limelight...telling his story again...and so perpetuating the myth that anybody who gets on a bike is a thug.
Another good point was the many near misses and hits by rogue motorists who don't care and don't look, etc...
I feel sad for the poor rider involved; he or she is a victim as well, is affected forever by this accident and will never forget this tragedy.....

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I have never had a problem with Premature Ejac... it's my partners that had the problem

DamianM

If a motorist runs a red and kills a cyclist, do you feel sorry for them too ?

mikesbytes

I think that Aussie Steve's point is that the cyclist probably didn't intentionally hit the pedrestian, he/she was probably in a middle of a bunch where they were dependent on the others in front to make the correct decisions and will carry the guilt for the rest of his/her life.

Many motorists will also feel the guilt that their haste, whether that be running a red light or whatever will also carry the guilt for the rest of their lives. Unfortentialy some will be more concerned with the scatches in the paintwork.

Interesting that car safety is based purely on the the wellbeing of the occupants. Check any motor car web site. Have read somewhere that for every 2 motorists killed, there is a pedestrain killed too in NSW.

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Training Log

Aussie Steve

Motorists: paintwork scratches....yeah, they will blame the rider :"shouldn't be on the bloody road !!!" etc etc...and the inconvenience of having the car off the road for repairs...
most weeknights I ride home with 2 or 3 other guys, one of them is the Fast and the Furious...and it's damn hard to stay with him on a shared path. He's on the edge...two nights ago El Diablo was turning right into a cross street at 45kmh (I was 30 metres back) and locked up both tyres as a dopey Businessman walked in front of him...Dopey had seen him coming, but just didn't think...El Diablo gave him a well-deserved torrent of abuse....
Even though we try to slow down around the dozy walkers, we still have several close calls... i think i might have to be more observant myself, because it's a long walk home with a buckled rim after hitting someone...and it's OK to say I was not at fault, but I still have to repair the thing

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I have never had a problem with Premature Ejac... it's my partners that had the problem

DamianM

So, "Sorry mate I didn't see you" ?

Skull

[QUOTE=Aussie Steve].
When I lived in Melbourne, I did thousands of kms with not too much aggro experienced. Here in Perth, motorists are more likely to be silly/arrogant/inconsiderate/intolerant; this comes from their big-country-town mentality.

Good to see you back at it again.

cfsmtb

For interstaters, ie: those not in Melboring, here's a superb roundup of sorts about the incident (see below).

Also SKCC did a memorial ride this morning. No egg-throwing citizens in sight. No coverage in any News Limited press either (yet?). I don't think I'd be the only one here who's shat with the reportage so far.

Damn intrigued about News Limited editorial mentality, a lot of the stuff published thus far is so fcuking ridiculous to the point I'm seriously considering making a complaint to the Press Council. Probably fat load of good that would do though, if it bleeds it leads blahblahblah, we have the right to publish community attitudes blahblahblah.


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The death of a pedestrian makes hell for all riders
Posted on Thursday 31 August 2006

The death of James Gould has been much on my mind since I first heard the news on the weekend. As with any senseless road trauma, I am horrified at Mr Gould’s death and I have found the eyewitness accounts of Mr Gould’s dying moments particularly harrowing. My condolences go to his friends.

With regard to the cyclist, I feel sympathy for anyone who inadvertently takes a life but this incident occurred as a direct result of his own recklessness and he will need to reconcile his conscience to that as best he can. Certainly a fine for failing to stop at a red light is not sufficient penalty for the loss of life.

The broader implications—for the Hell Ride specifically and Melbourne cyclists in general—is likely to be profound, and without wishing to disrespect Mr Gould’s memory I would like to discuss some of these things here.

(more in article)

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Noli nothis permittere te terere

Doublee

AussieSteve commented:
"Here in Perth, motorists are more likely to be silly/arrogant/inconsiderate/intolerant; this comes from their big-country-town mentality.
The unfortunate death is a tragedy. No question about it".

More great insights from AussieSteve, the Melbourne moron who continues to demonstarte his Melbourne provincalism and myopic attitudes about Perth. Sounds like a bogan from Melbourne's western suburbs to me.

This guy taking regular potshots and Perth people positioning himself as being superior and making the blinding obvious statment that the "death is a tragedy" and in case we weren't quite sure there was "no question about it"

kleng

Bottom line is that the death could have been avoided if the cyclist had obeyed the road rules and stopped at the red light. Don't tell me he did'nt see the red light.