“There are no winners” says injured cyclist after driver convicted (+ video)

"Thanks to: PC Alex Wheeler - Hertfordshire Constabulary"

The cops' surname ??    Obviously was in the cyclists corner, well done Bobby !! 

I would not have been as generous as the person who suffered this incident.

The pause before the sudden acceleration and impact tells me that this was not just a clumsy attempt to squeeze through. This was a deliberate choice to use a vehicle as a weapon and injure a vulnerable person.

They then went on to lie about a verbal altercation that never happened, as if that would excuse using their van as a weapon.

They then "played the game" of going not guilty until the day of court to see if the witness had turned up. Justice should not be a game, this should no longer get any sort of credit at court. The stress and aggravation of spending a day waiting in court still puts witnesses through a lot.

It's worth highlighting this case as an example of drivers actually suffering consequences. But it was so blatant it was hard to see how they couldn't. I still don't see why no evidence was offered for the two other charges, surely they were a given once it was established that the incident happened!

I would be dissapointed with this outcome. Although it's better than many, that says more about most outcomes, rather than anything good about this one.

This should be all over social media, and we should be starting two campaigns, 1)  to educate drivers that they can't just swat cyclists off the road and 2) get the justice system changed.  The OP is right in that the justice system has become a game; as other posters have pointed out, what has a (fictitious) verbal altercation got to do with the driver's assault, why wasn't it attempted murder, why has he only been banned for 6 months, so many other questions.

I would have been absolutely raging if this had happened to me, I have never hit anyone in my life but I would have chased that scrote up the road as if my life depended on it.

Cyclists appear to be victims not only of very poor driving often with harm clearly intended, but of a real lack of this being reflected in the legal outcomes.   As much as I'd like to slap/punch body work hard if I had to, I tend to shout loudly, as I suspect contacting the vehicle like this is one of the most confrontational  (driver red mist time) things a cyclist can do.  These days I tend to take the lane when I see oncoming vehicles and know (by shoulder check/mirror/sound) a vehicle is approaching from behind.

> "I feel awful for the guy"

I wouldn't.  Fuck him.  All he can lose is money and his home.  The bloke he deliberately drove into might have lost his life.

Again, fuck him.

Judging by the state of the rear quarter of his van I'd say he'd done this several times before.

Shame his ban was only 6 months. Clearing shouldn't have a licence until he gets some therapy.

Lucky for you that you weren't killed or disabled for life. You had a camera. Not every cyclist has one, most casual cyclists won't. This is not about bad driving, this person is a vile thug who knew that running his van into you would cause serious injury. Imagine if the cyclist was your child or partner, who might not be as resilient when propelled to the tarmac by a 1500kg lump of metal travelling at 30mph. Imagine then being told they were killed in an 'accident' and this scumbag stating they just veered into his path. C**ts like this need severe punishment when caught, not pathetic fines or loss of job. A prison sentence for GBH with a weapon would have been better. If I ever have to go to a morgue to see a friend or family member wiped out on their bike by a driver like this I would want the offender bludgeoned to a pulp with a bike lock, and would not be concerned that they might have lost their job just before Christmas during a pandemic.

It seems to me to be the bleedin obvious that two things need to change.

1) If you assault someone with a hammer, that's assault. It isn't carpentry without due care and attention. And it doesn't matter if you are doing some legit cabinet making and someone next to you is using a bradawl in a way you find annoying so you just happen to hammer nearer and nearer to them and then accidentally on purpose mash their hand with the claw of your hammer. It's assault and the charge and punishment must reflect that.

2) Any discount for pleading guilty should be zero unless done way before the trial. A few hundred quid in costs won't cover the impact on the efficiency of the courts, the pita of witnesses taking a day off work, police having to attend, etc.

3) Victim surcharges need to reflect the suffering of the victim. If you run me down and total my bike, frankly the damage to the bike is the least of it (speaking personally, my bikes are not fancy and I can afford a loss). But the damage to my confidence and mental health will be far more. Whilst there needs to be a measure of ability to pay, we need a deterrent.

I don't understand why this was not dangerous driving, rather than driving without due care.

Its surely obvious to a competent and careful driver that deliberately driving into a cyclist and knocking them off is dangerous.

Imagine this.

A cyclist ACCIDENTALY knocks a pedestrian to the ground. UNFORTUNATELY she hits her head on the kerb and dies. Punishment 18 months in prison.

A motorist DELIBERATELY knocks a cyclist to the ground. FORTUNATELY he avoids the kerb and only sustains minor injuries. Punishment a fine.

Compare and contrast. Perhaps we are punishing the outcome and not the crime.

Turned out better than my hit and run. 

In essence:

Knocked off in similar fashion.  Bike and me severely battered by the crash.

No video.

Another driver stopped and provided details and, subsequently, a statement to the police.

I went to the poilcie station under my own steam, gave a statement and asked them if they would do anything.  They said "It's a hit and run.  Why would we not?".

They pursued him diligently and put a retired-Met investigator on it (I didn't know they had those) - car turned out to be an accident loaner, to a car leasing firm, but traced to a local driver.  Who turned out to have an alias.  With a licence in one name, regstered to the car hire firm under another, and so on.  And 'known to the police' (which is why he had an alias)

Now it gets complicated.  Charged with due care, leaving the scene, failing to report, failing to name the driver and one other that I forget.  Summoned under the name he habitually used, but listed on the court docs under his real name (his driving licence name). 

I turned up - day after Boxing Day a few years ago.  He didn't.  Clerk to the magistrates had a bleat about 'do we know who he really is?' and advised the magistrate to throw it out.  Police were furious and instead of just writing me a letter (which were getting more and more confusing as this went on), the Inspector phoned me.  And explained, and said - 'Look, I know it's no consolation to you now, but we know who he is, and our paths will cross again, and he will not get away next time'.  He was so angry, I almost felt that that was a better outcome :o)

Still, Mr Alias' insurance company paid up for me and the bike (although they were a complete PITA about the bike, wittering on about 'betterment' - well I'm sorry, pal, but smashed up Dura-ace, as shown in the photos, costs what it costs, and count yourselves lucky you've only got to pay for that and some rims and not the hubs.  They wanted to write it off and so we started on the fair value of a one year old hand-made made to measure stainless frame with custom paint, Chris King and Dura-ace and they went quiet for a while.

Beaten up shoulder and hip, and missing skin costs obviously just come off a drop down menu though and those went through without a murmur.  Mental heebie-jeebies don't count though it seems

How the actual fuck is that treated as "driving without due care"? Suely that's being momentarily distracted by a passenger or letting your mind wander for a second. 

Deliberately driving into someone, knocking them over then fucking off down the road is not and never will be "without due care". It's attempted fucking murder, or at the very least assault with a deadly weapon.

Should have locked him up for a considerable strech, then banned him for driving for life.

This is a very well written piece but I'm curious, do the Road CC journo's know that YouTube videos can be displayed from a certain point. A minute's lead in seems a bit excessive in this fast-paced age. (That last bits a joke.)

some may accuse me of letting the side down

Correct. This case has been a disaster for cyclists in general. Joke fine, very short ban, no mention or record of using his vehicle as a weapon against cyclists, and a message to equally malevolent drivers that they will get away with 'due care and attention'.

Having just been through the justice system after being knocked off, I strongly agree with the idea that drivers need to learn that mistreating or even hitting cyclists can have consequences through the increasing use of on-bike cameras. I strongly disagree with the notion of asking the courts to avoid giving a driving ban. I want these people off the roads, either because they've been banned or because their insurance premium has shot up.

Some people will continue to drive without a license or insurance I know, but not all and that's a small step forward in my book.

The following two charges had no evidence offered and were dismissed:

Driver of a vehicle fail to stop after a road accident
Driver of a vehicle involved in a road accident fail to report that accident.

?????????????????????????

We have the cyclist and the following driver "The passenger of a following car came to my assistance and provided a witness statement that I recorded on my phone. "
How can those 2 offences be dropped ?

How many points did they get?

I understand forgive and forget AND you probably wanting and end to it.  Howevr as others have pointed out it does show that 

1: He has no such remorse at all as he decided to initially lie, then plead not guilty in the hope that he could still get away with it. Most people plea guilty to the lesser offence and not guilty to the more serious one and yet he decided he was not guilty in the hope you was too ill, too scared or maybe now dead to attend. 

2: That the Police might have thought it was small potatoes compared to the RTA Death but it could easily have been that and luck should not be used as a reason for not pushing more sentences.

3: The CPA can't be arsed if they decided that deliberately knocking someone off in a  road rage incident is at most "Careless" and why no evidence of failure to stop or failure to report? You had camera and witnesses and yet they decided it couldn't be upheld so never bothered supplying evidence?

If anything your experiences should be warnings to all cyclists that it doesn't matter how much evidence you have, assualt with a deadly weapon on a cyclist is treated as fine and a slap on the wrist. 

Banned only for 6 months?? Hardly long enough for something that sounds like it was premeditated and deliberate.

Lying to the police saying he had a verbal altercation when he didnt should also fall under perverting the course of justice.

From what im reading it seems that the cyclist and his injuries didnt matter at all as they nailed the van driver for vehicle/vehicular based charges.

Not a single word about injuring him or compensation for those injuries. (Assault)

"Fined £180, Court costs £620." where is the victims surcharge?

He said he felt sorry for the van driver... but why? He obviously knew what he was doing and didnt care when he knocked you off your bike and drove off.

whats the point of justice or seeking justice if all you want to do is give him a slap on the wrist, a finger wagging and set him loose? he'll only do the same thing again to someone else down the road because he's learnt that he can get away with it and the next victim might not be as lucky to get away with a few minor injuries.

Things like these happen because the justice system isnt heavy handed enough when it comes to dishing out punishment to deter people from doing it.

remember the days when people used to say "cant do the time? dont do the crime!" ???

I wouldnt be sorry for the van driver. Id be sorry they didnt hit him harder with book.