Hit by parked car opening door

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Comments

  • jibberjim
    jibberjim Posts: 2,810
    Opening of doors
    105. No person shall open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person.
    here
    (you'll also need here for the actual offence of breaching the regs, and here if you want to know the level of penalty.
    Jibbering Sports Stuff: http://jibbering.com/sports/
  • mybreakfastconsisted
    mybreakfastconsisted Posts: 1,018
    Dooring kills cyclist-verdict "Accidental Death"


    http://www.newsshopper.co.uk/news/98624 ... s_inquest/
  • karlth
    karlth Posts: 156
    mybreakfastconsisted wrote:
    Dooring kills cyclist-verdict "Accidental Death"


    http://www.newsshopper.co.uk/news/98624 ... s_inquest/

    I am not a lawyer, but to the best of my understanding:

    The coroner's court verdict of accidental death does not mean no-one was at fault.

    To get a verdict of "unlawful killing", which is presumably what you think it should have been, you'd require that "the unlawful killing must be beyond reasonable doubt. This is when the evidence was so overwhelmingly obvious that death would result, that no other thing is taken into account. If this standard is not met, a verdict of accidental death or death by misadventure should be considered on the balance of probabilities"

    Hence this looks like it was legally the correct verdict; it does not mean that no-one's to blame or even acted criminally; it means that there is not strong enough evidence that a crime of murder, manslaughter or causing death by dangerous driving has occurred.

    "Accidental Death" doesn't mean no blame. It means no intent to kill.

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