Cyclist Killed By 'car-Dooring'

[Booldawg]

The defendent was found not guilty of manslaughter. He acted with undue care and attention - surely there must be some charge?

http://www.bbc.co.uk/news/uk-england-london-20725496

[jake-the-peg]

I think the 17% window shading is a legal amount - not mentioned by the hacks - naughty misleading there.

Not sure what the level of culpability has to be for manslaughter - you might get a more informed answer in Law

[jackthehat]

The trouble is that when you strip it back to basics, *all* he did was open his car door......everything after that was a tragic accident.
Small compensation for Mr Harding's family, I know.

[NOX]

Very sad but a horrible accident- I'm sure the man certainly intended no harm and thus imho it would totally inappropriate to convict him of manslaughter.

[jake-the-peg]

Isn't the definition of manslaughter where no harm is intended? I thought recklessness needed to be proven but like I say this might get a more informed response in Law

[sp1814]

There's the charge of 'reckless endangerment', but I've not been able to find the UK definition. Here's the US one:

[i]Reckless endangerment is a crime consisting of acts that create a substantial risk of serious physical injury to another person.

The accused person isn't required to intend the resulting or potential harm, but must have acted in a way that showed a disregard for the foreseeable consequences of the actions.

The charge may occur in various contexts, such as, among others, domestic cases, car accidents, construction site accidents, testing sites, domestic/child abuse situations, and hospital abuse.[i]

[Old_Geezer]

I know all sympathy is for the victim, but cyclists choose to go out on a vulnerable vehicle into a dangerous situation knowing they are very likely not to be seen all the time, and then there is surprise and blame when someone has the very human failing of looking but not not spotting and taking in everything. It is an awful tragedy but that is what is chosen to be risked by the cyclist, and it doesn't help continually telling drivers they ought to always see everything. IMO it is pointless ruining the other individual's life further over something that, "for the grace of God", any driver could find themselves involved in.

[ZedBloke]

you mean without due care and attention - surely, "undue care and attention" would be supplying too much!

[hc4361]

There is no offence of 'acting without due care and attention' in the UK - the offence is 'driving without....'
He wasn't driving when he opened the door, so he could not be charged for that. In any case the maximum penalty is 9 penalty points, exceptionally a driving ban.

There is an offence of criminal negligence but that has a requirerement that the act is much greater than 'careless'.

[Rose Maybud]

I used to be a Cycling Proficiency instructor and I was given to understand it was the responsibility of the car driver to ensure the way was clear for people in the car to open the door etc. However, for the 10-year-olds I was teaching, I always made a big thing about people not remembering to do this and it was in the cyclists' own interest to keep well clear of parked cars and 'just in case' to glance at occupants of cars if keeping the required distance wasn't possible.

[starone]

This man will have to live for the rest of his life with the knowledge that he has killed someone, or at least been responsible for the death. Not something I would want to live with.

[hc4361]

Rose, I agree with you but in this case the car windows were heavily tinted, making it nigh on impossible for anyone to see if the car was occupied.
He was in a cycling lane - the driver should have been extra vigilant in looking out for cycles and buses.

[Gromit]

This is an unfortunate accident. Accidents happen. The windows were legal. If you think that may have been a contributory factor, you must campaign to change the law.

I was once nearly decapitated by a delivery van parked the wrong way on a street. As I passed the back of the van, the door on the traffic side was thrown open. It missed my head by millimetres. The driver realised what he had done and apologised. I give wrong sided parked vehicles a wider berth since.

[sp1814]

Just thinking of logistics here...bear me out for a moment.

If the driver was sitting in his car, and the cyclist was coming up from behind him, then surely the tint of his driver's side window is immaterial?

If he opened his door, the tinted window would be on his left hand side, and the cyclist would be coming up on the right (with the bus behind him).

See what I mean?

[Goonermatt]

"There is no offence of 'acting without due care and attention' in the UK - the offence is 'driving without....'
He wasn't driving when he opened the door, so he could not be charged for that."

I know someone who got a hefty ban/fine for "drink driving", even though they were actually asleep in the car, sleeping off the booze.

[jake-the-peg]

hc - this is what I was complaining about in the article 17% is hardly heavilly tinted

25% is the legal limit

https://www.gov.uk/tinted-vehicle-window-rules

[Baldric]

sp, was it a LHD vehicle, I must have missed that?

[Zacs-Master]

and it was a BUS lane not a cycle lane.

[rojash]

"and the cyclist would be coming up on the right"

Can't follow that at all, SP. Why would traffic be approaching from the near side?

[humbersloop]

gooner, I might be wrong, but I think that offence is drunk while in charge of a vehicle, not drunk while driving.

[jackthehat]

The car was parked in a lay-by to the LHS of the bus/cycle-lane.....I had to read an earlier report to get the full picture.