Please tell me this guy is going to jail???

[simpsonc]

I know from experience that Sydney can be a bit less friendly to ride the roads than other cities, but I think this could happen in any Australian city.

This guy needs to be made an example of. But something tells me that a lot of people reading this news article will smirk and think the cyclists deserved it. With the lack of public outrage, what are the odds of them throwing the book at him?

From the article, it sounds as if it could very easily have caused the deaths of several Olympians, which would no doubt have scored a bigger headline.

In my mind, there are a lot of drivers out there that will be the first to cheer a cycling gold medal, but god help that same cyclist if they get in the driver's way as they drive to work.

 

[46kgToDate]

I know from experience that Sydney can be a bit less friendly to ride the roads than other cities, but I think this could happen in any Australian city.

This guy needs to be made an example of. But something tells me that a lot of people reading this news article will smirk and think the cyclists deserved it. With the lack of public outrage, what are the odds of them throwing the book at him?

From the article, it sounds as if it could very easily have caused the deaths of several Olympians, which would no doubt have scored a bigger headline.

In my mind, there are a lot of drivers out there that will be the first to cheer a cycling gold medal, but god help that same cyclist if they get in the driver's way as they drive to work.

unlikey to get gaol time
last time a sydeny magistrate got hold of one of these idiots was an incident near a petrol station on general holmes drive and I recollect he got off scot free think he was driving a black merc - which tells you a lot

 

[biker jk]

unlikey to get gaol time
last time a sydeny magistrate got hold of one of these idiots was an incident near a petrol station on general holmes drive and I recollect he got off scot free think he was driving a black merc - which tells you a lot

That's right. The magistrate said the driver was provoked by the cyclists giving him the finger and hurling abuse. So trying to kill cyclists with a 1.5 tonne missile is justified by being provoked! The laws on using a motor vehicle as a weapon to maim and kill need to be changed.

 

[grahamspringett]

I really feel for these riders. When I lived in Canberra I rode the Bakery Ride at 6.30am on Saturdays. We were never brought down but there were some idiots who thought they needed to get where they were going quick no matter what - I saw one guy drive along on a long stretch of grass to get by and another went the wrong way round a roundabout.

I'd hate to be a cyclist in Sydney. I live in Wagga but have seen where the riders in Sydney go past the airport on what amounts to a freeway. I know there's a big lane but it's still - as we can see - bloody hazardous.

I grew up in London and I tell ya, it's a lot safer riding there! Aussie male drivers need to have all the testosterone drained when they get a licence and be allowed nothing more than a Ford Fiesta 1.3

We're lucky in Wagga that there's not much traffic when we do our bunch rides, but when we do get cars they are going 100km/h.

I do love my turbo trainer!!!

 

[scirocco]

Not a chance. The cyclists will get done for following too closely. If you hit someone from behind then you are at fault. It is your responsibility to maintain adequate clearance from the car in front no matter how suddenly they brake.

Let me hasten to add I am merely presenting the case for the defence here. The ******** driver should be forced to ride a bike for 100km on Sydneys main arterial roads, before being forced to sniff the chamois of all the injured riders. Before being locked up.

Can't agree about riding in London though. I was over there last week and you take your life in your hands on those narrow little roads and high speed traffic in the UK. Not to mention the dark, the cold and the wet. Give me a nice wide Australian road and I'll put up with the bogan drivers anytime.

 

[886014]

Not a chance. The cyclists will get done for following too closely. If you hit someone from behind then you are at fault. It is your responsibility to maintain adequate clearance from the car in front no matter how suddenly they brake.

That is not quite true. If the reports are accurate, the driver was said to swerve suddenly into the lane occupied by the group of cyclists and then brake violently. They were not "following" the vehicle in front and this would not constitute travelling at an unsafe distance under rule 126 of the Australian Road Rules. This is really just common sense, and the rules are designed to protect and enforce normal driving behaviour and not absolve responsibility for reckless driving. Likewise if a car was involved in an accident and careered into your path, you would not be help accountable for not travelling a safe distance behind if the point of impact happened to be the rear of the vehicle!!

I know this section of road well and have been following the story closely with interest as I've done the Coluzzi ride before moving too far away from town. I'd hoped someone on the ride may have posted here as to what really happened as I suspect there may be more to the story. One thing I have noticed from readers' comments in the general media is an abysmal understanding of the road rules, particularly by drivers as to the special privileges afforded bicycles. Hopefully we can lead by example and partition for better education of all road users as I feel at present much of the angst towards cyclists stems from drivers who honestly believe we are behaving in an illegal manner.

 

[cfsmtb]

Let me hasten to add I am merely presenting the case for the defence here. The ******** driver should be forced to ride a bike for 100km on Sydneys main arterial roads, before being forced to sniff the chamois of all the injured riders. Before being locked up.

That's potentially bad news for WA cyclists, as sentencing like that is going to get Troy Buswell into further strife.

On a far more serious note, if you're in NSW, a NRMA member and heartily shat with Alan Evans comments made here on ABC's PM, there's a online petition to express your displeasure.

 

[Hitchy]

Not a chance of him going to jail....in fact it's only 50/50 that he'll be charged with anything...worst case, the value of cyclists lives is only worth a fine & maybe loss of licence (which the cretin probably hasn't even got)....Lets face it, until the law makes motorists accept responsibility for their actions with REAL deterents, they'll continue to kill & maim us without having huge consequences....when was the last time, (or more to the point, has it ever happened), that a motorist has ended up in jail for killing a cyclist?..."sorry officer, I didn't see him", "that's alright mate, theres plenty more of 'em out there"

 

[886014]

I went further and wrote to both the Minister and Shadow Minister for roads and urge others to do the same. Just Google for contact details.

Hitchy, don't be so sure about the outcome for the driver. The media is really getting behind this and recent changes to legislation (Brendan's Law) take a very grim view of precisely this type of event. http://www.findlaw.com.au/article/14192.htm

I wasn't there, I don't know what happened. But I have seen very similar situations and I wouldn't like to be in the driver's shoes right now as he may be about to become a test case!

 

[Hitchy]

I went further and wrote to both the Minister and Shadow Minister for roads and urge others to do the same. Just Google for contact details.

Hitchy, don't be so sure about the outcome for the driver. The media is really getting behind this and recent changes to legislation (Brendan's Law) take a very grim view of precisely this type of event. http://www.findlaw.com.au/article/14192.htm

I wasn't there, I don't know what happened. But I have seen very similar situations and I wouldn't like to be in the driver's shoes right now as he may be about to become a test case!

Given that 26-46 cyclists are killed by motorists every year....& nothing ever happens, I think I'm entitled to be cynical about the outcome of this case. If I'm wrong, I shall be the 1st to applaud whoever brings about change & justice for cyclists

 

[willocrew]

This guy is almost certainly going to be liable for equipment damages and hospital bills... the 30 strong cycling group should bring him to court and have the Courts place a cool hefty damages award in their favour (I'm thinking maybe a lovely $60K award; $30k for equipment, $15k for medical, $15k as punitive damages).

That will wipe that smirk off his smile & hit him where it hurts - more than a 6month long jail term would anyway... some of these people aren't fazed by sitting in the big house.


Ah who cares about Criminal action when Civil action is where the $$$s at!

 

[886014]

We should find out in the next few days whether and what the driver will be charged with. While it is correctly pointed out that far too many cyclists die each year on our roads, that is not necessarily the point in this case. The driver failed to stop, if you are knowingly involved in an accident you are required to exchange details, failure to do so is an offence. If you fail to stop and injuries have occurred, this is a hit and run offence and carries very stiff penalties. It will be up to the courts to decide if his defence is mitigating, however I would be absolutely shocked if he was not charged based on just the above, not to mention what actually caused the accident.

 

[Hitchy]

This guy is almost certainly going to be liable for equipment damages and hospital bills... the 30 strong cycling group should bring him to court and have the Courts place a cool hefty damages award in their favour (I'm thinking maybe a lovely $60K award; $30k for equipment, $15k for medical, $15k as punitive damages).

That will wipe that smirk off his smile & hit him where it hurts - more than a 6month long jail term would anyway... some of these people aren't fazed by sitting in the big house.


Ah who cares about Criminal action when Civil action is where the $$$s at!

Pffftt...I hate to go all 'The castle' on ya....but ya dreaming, unless this guy is insured, (& I'd be willing to be that he won't be), then no-one will get a razoo...unless he has some assets upon which to execute a judegment, then ya judgements a lovely 'moral victory', but worthless (hang on, ya could paste em up on the wall as wallpaper)...once again, would love to be proven wrong...but this guy will pay nothing, almost guaranteed

 

[scirocco]

You've also got to wonder if there's more to the story than meets the eye, too. The behaviour of the following drivers, who supposedly also abused the cyclists, is odd. Unless they all happened to be part of a bogan convoy, that's unusual in my experience. I've seen or been involved in three incidents where cyclists were affected by a car, and in all three cases following drivers were sympathetic and stopped to help. Were the cyclists in this latest incident maybe acting uncourteously, not just holding someone up for a few seconds but a whole stream of cars for minutes on end?

Doesn't excuse the driver's behaviour in the slightest, but could help him get off if true. An imaginative defence lawyer and an unsympathetic magistrate: "i wuz provoked..."

 

[886014]

I know the section of road where this happened and there is no chance they were holding up traffic unless they spread themselves across 3 lanes plus a breakdown lane! Doesn't mean there weren't held up somewhat earlier. From my understanding of the story, the drivers who yelled abuse were those who were going past, not necessarily actually following as the incident occurred.

 

[Hitchy]

I've heard from an aquaintance who was there...road is 3 lanes wide & a breakdown lane where the incident happened. No traffic was held up before the incident. said Bogan apparently drove up behind the bunch blowing his horn (despite there being 2 other lanes to choose from) then drove around them in one of the free lanes, ducked back into the cyclists lane & slammed on the brakes. very few actually hit the car, but the evasive action of the other cyclists brought many of the pack down. Damage is superficial despite Benny K crapping on about it being $50K. Abuse was copped from other motorists AFTER the incident as police , ambulance (not needed) & assorted media arrived & proceeded to create 'rubberneck wonderland', slowing the passing traffic. Mate reckons the offender was in a shitbox Ford whose value could be guaged by how much petrol it had....doesn't reckon there's a chance in hell that he'll be insured!

 

[roshea]

Pffftt...I hate to go all 'The castle' on ya....but ya dreaming, unless this guy is insured, (& I'd be willing to be that he won't be), then no-one will get a razoo...unless he has some assets upon which to execute a judegment, then ya judgements a lovely 'moral victory', but worthless (hang on, ya could paste em up on the wall as wallpaper)...once again, would love to be proven wrong...but this guy will pay nothing, almost guaranteed

I'd be very surprised if his insurance company (assuming for a moment that there is one) would pay up over a deliberate illegal action like this!

 

[46kgToDate]

I'd be very surprised if his insurance company (assuming for a moment that there is one) would pay up over a deliberate illegal action like this!

correctamundo they would decline indemnity to him
but that's not a reason not to get an order and bankrupt the stupid lying p[r]ick

 

[Hitchy]

correctamundo they would decline indemnity to him
but that's not a reason not to get an order and bankrupt the stupid lying p[r]ick

Absolutely, the insurance won't cover him if it is *proven* that it was adeliberate act....knowing it & proving it are 2 different things.
Filing a bankruptcy notice will cost ya $4K, give or take.....lotta money to prove a point, 'specially if he hasn't got anything for the trustee to 'liquidate'....far better someone publishes his name & address. I'm sure there are plenty of 'tech' savvy cyclists that could make his life a misery for the next 50 years!

 

[Aussie Steve]

A few months ago in Perth, some riders were run over by a car- who deliberately reversed over their bikes, broke one guy's ankle... the law will never punish (adequately) some moron motorist, it's far too soft and they dont care about our rights