No prison for driver who caused death of Hereford cyclist

pliptrot

Well, comparisons with Mexico are all the more relevant if you have seen the US of late. It must be very comforting to not the be worst at something. I understand that in the US English is the principal language, so, Dennis, perhaps you could read my message again and ponder on your response.

If a moment's inattention is the cause of a serious accident, you should face the consequences. Even in Ohio.

dennisn

pliptrot wrote:

Well, comparisons with Mexico are all the more relevant if you have seen the US of late. It must be very comforting to not the be worst at something. I understand that in the US English is the principal language, so, Dennis, perhaps you could read my message again and ponder on your response.

If a moment's inattention is the cause of a serious accident, you should face the consequences. Even in Ohio.

The Mexico comment was somewhat tongue and cheek. Although having been there a number of times and ridden around on public transportation, and driven myself, I can safely say that "scary" is, at the very least, an apt description of driving down there.
And I did reread your post. I'm glad that you take driving so seriously, unlike any of the rest of us. Sorry to say it but I would appear that you will have to tolerate the majority of the human race being imperfect. As for yourself, well, if, and I mean if, you should ever
make a mistake in life, that has disastrous consequences, feel free to demand that you get a daily flogging and are imprisoned in the darkest of dungeons for your inexcusable lapse of concentration. All that is somewhat tongue and cheek also. Key word being "somewhat".

pliptrot

Dennis,

Your comments certainly underline the view that the carnage on our roads is a normal comcomitant of life and forgiveable. I just hope that something like that doesn't happen to you or a loved one. In a society founded on the principles of "me first, and to hell with the consequences", I'm sure your views would change quite considerably if such a thing were to occur.

dennisn

pliptrot wrote:

Dennis,

Your comments certainly underline the view that the carnage on our roads is a normal comcomitant of life and forgiveable. I just hope that something like that doesn't happen to you or a loved one. In a society founded on the principles of "me first, and to hell with the consequences", I'm sure your views would change quite considerably if such a thing were to occur.

Most things in life can be forgiven and I am not a vengeful person(anymore).
Used to be pretty much a "kill 'em all, let God sort 'em out" kind of person in my younger days, but that's another story. I found that it NEVER helped and only made me feel lousy
about myself.

megilleland

From the Plymouth Herald

Driver guilty in cycle crash case
Thursday, February 11, 2010, 07:27

A VAN driver has been given six penalty points after a collision which left a cyclist with brain damage.

Plymouth Magistrates Court heard yesterday that Ross Aird was turning right into George Lane, Plympton, from the Ridgeway when he drove into the path of pedal cyclist Ken Middlemiss.

The 49-year-old spent two months in hospital following the collision on March 19 last year, before being transferred to a rehabilitation unit where he remained until just a few weeks ago.

Since the crash Mr Middlemiss has been unable to speak and it is not known if he even recognises his own family.

Former self-employed bricklayer Aird was found guilty of driving without due care and attention following a trial.

In a police interview read out to the court, the 29-year-old, of Avon Close, Deer Park, said the collision “was just one of those things” and he was unaware that the cyclist was on the road until the collision.

“The rider was thrown from his bicycle over the van into the road,” said prosecutor Eoin McCarthy.

“He sustained substantial and life changing injuries.”

Following the guilty verdict, the court was told about the extent of Mr Middlemiss’ injuries. He suffered a closed traumatic brain injury and chest injuries including multiple rib fractures.

“The impact on his family, especially his wife and three children, cannot be underestimated,” said Mr McCarthy.

“They are not sure if he recognises them and his only communication is by guttural noises.

“He is a man who has sustained life threatening injuries from which he will never properly recover.”

Aird was also fined £100 and was ordered to pay a £150 contribution towards costs along with a £15 victim surcharge.

To add insult to injury what about Ken Middlemiss's loss of income for his family? This driver's action may have put the family at risk - I hope not. See thread for support ride.

spen666

megilleland wrote:

From the Plymouth Herald

Driver guilty in cycle crash case
Thursday, February 11, 2010, 07:27

A VAN driver has been given six penalty points after a collision which left a cyclist with brain damage.

Plymouth Magistrates Court heard yesterday that Ross Aird was turning right into George Lane, Plympton, from the Ridgeway when he drove into the path of pedal cyclist Ken Middlemiss.

The 49-year-old spent two months in hospital following the collision on March 19 last year, before being transferred to a rehabilitation unit where he remained until just a few weeks ago.

Since the crash Mr Middlemiss has been unable to speak and it is not known if he even recognises his own family.

Former self-employed bricklayer Aird was found guilty of driving without due care and attention following a trial.

In a police interview read out to the court, the 29-year-old, of Avon Close, Deer Park, said the collision “was just one of those things” and he was unaware that the cyclist was on the road until the collision.

“The rider was thrown from his bicycle over the van into the road,” said prosecutor Eoin McCarthy.

“He sustained substantial and life changing injuries.”

Following the guilty verdict, the court was told about the extent of Mr Middlemiss’ injuries. He suffered a closed traumatic brain injury and chest injuries including multiple rib fractures.

“The impact on his family, especially his wife and three children, cannot be underestimated,” said Mr McCarthy.

“They are not sure if he recognises them and his only communication is by guttural noises.

“He is a man who has sustained life threatening injuries from which he will never properly recover.”

Aird was also fined £100 and was ordered to pay a £150 contribution towards costs along with a £15 victim surcharge.

To add insult to injury what about Ken Middlemiss's loss of income for his family? This driver's action may have put the family at risk - I hope not. See thread for support ride.

What about Mr Middlemiss's loss of income?

This is a criminal case, not a civil case.

In a criminal case, the punishment is according to the wrongdoing, not according to the consequences.

A criminal court has very limited powers of compensation and doesn't intend to deal with these matters.

Mr Middlemiss and his family will almost certainly be pursuing a civil claim for compensation for his injuries and loss of earnings etc.

you are barking up the wrong tree

megilleland

Mr Middlemiss and his family will almost certainly be pursuing a civil claim for compensation for his injuries and loss of earnings etc.

Thanks for making that point spen - I hope they have done.

spen666

megilleland wrote:

Mr Middlemiss and his family will almost certainly be pursuing a civil claim for compensation for his injuries and loss of earnings etc.

Thanks for making that point spen - I hope they have done.

the conviction in the criminal court can be cited in the civil claim.

As the standard of proof is higher in criminal cases, effectively liability won't now be in issue in the civil cases. ( Contributory negligence allegations may still arise)

A criminal case is to punish the errant driver- it is brought by the Crown against the individual.

The civil claim is to compensate the victim and is brought by victim/ family and is against the driver.

Nothing in the criminal case prejudices the civil case as far as I read this report.


The report is limited in inform,ation as to why such a very low fine was imposed despite the number of points being double the minimum they could impose.

Northwind

I don't see that jailing her would achieve a thing, just punishment without purpose. It's tragic and it's not acceptable but I really don't see that doing such damage to another life would make the slightest bit of difference.