Only a broken elbow

One lucky rider. It could have been so much worse.

Also a good example of how a video cam can be beneficial. Certainly helps as far as getting an admittance of liability is concerned for the personal injury claim.

http://www.bbc.co.uk/news/uk-wales-north-west-wales-39203191

 

Exactly, the system is crackers!

 

Because there are all sorts of issues that have to be taken into consideration as well as sentencing guidelines.

So matters such as the evidence, + the anticedents of the defendant and previous driving record, whether he pleaded guilty at first time of asking, what was said during the interview under caution, what other issues were raised at the time.

For example, if you watch the clip you will notice that the sun was behind the rider.

The rider may not have been clearly visible to the van driver because of what is called the Halo affect this affects the ability to judge speed and distance and is often made worse when a bike is displaying a dipped beam headlight.

The van driver did not carry out a deliberate act in that he decided to turn across the path and wipe out the rider on purpose, but someone who uses a hand held mobile or travels at excessive high speed is deemed to be making a deliberate act and is therefore deemed to be carrying out a premditated act.

The van driver made an error of judgement for whatever reason. The phone user and speeding rider is regarded as blatantly sticking 2 fingers up at the law.

Many people criticise lenient penalties in fatal crash cases. As harsh as it sounds, you have to take the fatality out of the equation because nobody in 99% of cases goes out with the intention of killing someone and which is why in 1988 section 1 of the road traffic act was changed from death by reckless to death by dangerous as it is a much easier test.

 

@T.C what is your opinion on the rider giving a nod to the on coming rider just before the van? I think that might have taken his concentration off of the junction ever so slightly.

 

I agree he was very lucky, similar rtc to the lad who sadly died in v similar circumstances a year or 2 ago & his mum released his head cam vid. Looking at this I don't think his nod prior to the impact had any bearing. For him to take evasive action at that late time & speed would have been nigh impossible & probably resulted in loss of control & an off in any case

 

I agree no one actually intensionally sets out to total a biker but as the government has proved, financial deterrents encourages better driving. Maybe they do, maybe they don't but totalling someone, as in this case surely deserves a little more than a slap one the wrists and a five point "don't do it again."
If the guy driving couldn't see that his way was clear he shouldn't have turned right. The driver made a conscious decision to turn right even though he possibly couldn't see oncoming vehicles. He also made the decision not to put his sun visor down. You can actually see that the van driver was cutting the corner and for that reason I believe the driver was trying to beat the biker. Had he/she entered the right turn box correctly he/she would've been in the shade and our intrepid biker would have been past the van safely.
To get caught pressing a single button on a mobile phone and incurring a £200 fine and 6 points ( I do agree with this deterant ) only proves there is something wrong with motoring justice.

 

I'm not even sure the van was indicating to make a turn

 

It's a difficult one to call, recently I took out a moped rider whilst turning right, I was gutted, being a biker I look out for other bikers when I'm in the car but on this day I didn't even see him because of the low sun in the sky i was blinded for a few seconds as I approached the junction, the traffic officer's said it was the 5th one they had been to that day I was breathalysed and that was the end of it, my insurance paid out for his wrote off moped and nothing more was said, but I still feel bad about it. no points no fine not even a telling off but in my opinion is thought that was right

 

Doesn't happen providing the device is in a proper cradle and unless it affects the safe control of said vehicle. If it is hands free, it is deemed the same as changing a radio channel or turning the radio on and off.

I personally don't think that made any difference or had any bearing. The van driver still had a fiduciary duty of care to ensure it was safe to thurn before he actually started turning, a little bit like the situation where someone is indicating left to turn off the main road and the car in the junction pulls out because the driver assumed the indicating vehicle WAS going to turn left but it transpires that the indicating driver forgot to cancel said signal.

And we go full circle back to the "Halo" affect which I mentioned in an earlier post, which may well be why the van drivers penalty was towards the lenient end of the scale as it may have been deemed as mitigation.

 

I had a similar situation about a month ago. Riding in a 40, but a few people around and I remember consciously checking my speed and I was doing only 35.
Car approaching just kept going into the turn and I needed full abs to stop. The car passed within about an inch of the front wheel.
I was livid and spent a long time thinking 'how the hell could he not have seen me?!'.
Then it occured to me - the sun was low in the sky and I was riding towards it. I think the sun must have reflected off the front of the bike and made it appear to the driver that I'd flashed my headlights for him to proceed. Not an excuse in the event of a collision, but that doesn't really matter does it?!

 

watched this on FB a few days ago and it bought back bad memories as this happened to me ~4 years ago but at a lower speed (~30mph).

Driver just turned right across my path and i ploughed into his rear quarter didnt even give me time to break. 5 hrs in A&E for check ups - but no broken bones!

His swearing into his helmet cam brings back the most feelings!