Wanton and Reckless

Mike63

Esteemed Pedelecer
Oct 23, 2008
809
64
An odd charge and one I've not heard before.
Is it not strange that a motor vehicle can be driven legally at 30moh yet a cyclist
travelling at 18mph is considered wanton and reckless and could go to prison ?
....sounds like a case of double standards :)
 

Pylon37

Finding my (electric) wheels
Aug 2, 2017
17
12
62
Glasgow
An odd charge and one I've not heard before.
Is it not strange that a motor vehicle can be driven legally at 30moh yet a cyclist
travelling at 18mph is considered wanton and reckless and could go to prison ?
....sounds like a case of double standards :)
In fairness I suspect it was the fact he was riding a bike with no brakes (contrary to legal requirements) at 18mph in the manner he was, that made it wanton and reckless in the jury's eyes.

anyone driving or riding any vehicle would be treated the same or worse in the same circumstances.
 
  • Agree
Reactions: Wisper Bikes

flecc

Member
Oct 25, 2006
52,790
30,369
An odd charge and one I've not heard before.
Is it not strange that a motor vehicle can be driven legally at 30moh yet a cyclist
travelling at 18mph is considered wanton and reckless and could go to prison ?
....sounds like a case of double standards :)
It's not speed, certainly not in this current case. It's about behaviour, the cyclist shouting a warning twice, proving he had plenty of time to slow to a very safe speed and/or swerve well away from the woman.

What he actually did was not slow down anywhere near enough and tried to pass her so close that her single unwise step put her directly in his path.

Clearly the accident was entirely avoidable and occurred through his irresponsible cycling behaviour, i.e. wanton and reckless.

Although the woman contributed, the main responsibility is always with the "driver" of any vehicle. That is why many countries have a strict liability law, meaning the "driver" is always to blame if they were in any slightest way guilty. Negligence doesn't have to be proved.
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Gubbins

Esteemed Pedelecer
This case highlights the way most of us think.. When on the road and being shall we say a bit naughty.... either by going a bit fast or having had only the one glass of wine or riding a bike with no brakes, using a phone at the wheel, or even a bike with a dongle.. the main worry is not what if I kill someone, it's what if I get caught. This case also highlights the fact that it doesnt need to be your fault.
 

anotherkiwi

Esteemed Pedelecer
Jan 26, 2015
7,845
5,785
The European Union
Cars kill hundreds of pedestrians a year, how many drivers go to jail in those cases?

The guy was on the wrong side of the law and his comments before the trial were irresponsable to say the least. But the death was a freak accident - that blow to the head would be hard to reproduce even in controlled conditions. He could have killed himself and the woman walked away!

French law requires anyone using a vehicle be it roller skates or a Ferrari Enzo to be in control at all times. Even if a pedestrian breaks the law they are the unprotected and the rider/driver is always responsable before the law.
 

flecc

Member
Oct 25, 2006
52,790
30,369
Cars kill hundreds of pedestrians a year, how many drivers go to jail in those cases?
Quite a few in Britain these days. Causing death etc during driving commonly used to get just a £250 fine. but following public outcry prison is the norm now. The most common sentence is two years.

Not much one might say, but it can have a huge associated effect. Loss of job and damage to a career, long duration loss of driving licence, permanent increase in driving insurance costs, loss of home that's being paid for by mortgage, effect on a family, especially children. Serving the usual year of a two year sentence can be the least imposition.
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RoadieRoger

Esteemed Pedelecer
Nov 8, 2010
720
196
This case has opened a can of worms and nasty anticyclist rants from the Editor of the Sunday Express and from Adam Boulton in the Sunday Times . The latter in his 6 columns of bile mentions Electric Bikes . He quotes `Yet recent governments have rushed , quite properly , to control the use of drones . In truth British cyclists face few consequences when they behave badly or without consideration towards others , and that includes users of " electrically assisted pedal cycles " , which can be as powerful as some conventional-and regulated-mopeds and scooters `.
I copied his punctuation accurately , not sure about his use of a comma before and . I thought that was a taboo , well it was 65 years ago !
I wish that all this power swilling around would afflict my 200 Watt Batribike Folder .