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Six years on, legal action continues over York cycle path death of teenage cyclist Ruby Milnes

Inquest last week concluded 17-year-old's death was "accidental" - civil proceedings now being brought...

Six years after teenage cyclist Ruby Milnes was killed when she was  struck by a lorry as she crossed a private road on York Racecourse, it has emerged that a civil action has been brought in relation to her death.

Ruby was riding home from college along the York-Selby cycle path in May 2008 when she was hit by the lorry, which was being driven on a private access road that ran across the off-road cycle route.

A coroner’s inquest last week found that the 17-year-old’s death was accidental.

However, Jonathan Leach, acting senior coroner for York, criticised City of York Council, which manages the path, for its apparent failure to conduct a risk assessment on the removal of a barrier that would have made it impossible for the teenager to ride across the road without stopping first.

Evidence presented at the inquest suggested there was no signage or markings on the road to alert either cyclists using the path or drivers on the road of each other’s presence, and a hedge restricted visibility.

When York Press contacted the council for a comment following the inquest, they were told that none could be provided because of a pending law suit in connection with Ruby’s death.

A spokeswoman said: “We are unable to comment on any element of this case while legal proceedings are still pending. Our sympathies are, as always, with Ruby Milnes’ family and friends at this difficult time.”

It is not known who has brought the civil action, but following the inquest, Ruby’s parents said they were shocked that she had been killed on what was supposed to be a “Traffic-Free Safe Route to School.”

David and Alison Milnes told York Press: “It has still not been established when it was removed or by whom, let alone what precautions and risk assessments, if any, were made at the time.”

The length of time that elapsed between Ruby’s death and the coroner’s inquest being held is because of long-running legal action that concluded in October last year with a jury failing to reach a decision in a prosecution brought by the Health & Safety Executive against York Racecourse.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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9 comments

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Airzound | 10 years ago
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Surely it should be that vehicles on this road should have to stop/give way before proceeding? What was the speed limit? Should have been something like 10mph. Simples.

Of course York Council have sympathy for Ruby Milnes' family so much so they are fighting liability for being the cause or contributing to her death. Nice.

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AyBee replied to Airzound | 10 years ago
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Airzound wrote:

Surely it should be that vehicles on this road should have to stop/give way before proceeding? What was the speed limit? Should have been something like 10mph. Simples.

Of course York Council have sympathy for Ruby Milnes' family so much so they are fighting liability for being the cause or contributing to her death. Nice.

Why should that be the case? A bike path crosses a road, the cyclist has to stop, it's not a difficult concept to grasp. The council haven't caused or contributed to her death at all. She rode that route daily - she knew there was a road there.

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mrmo replied to AyBee | 10 years ago
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AyBee wrote:

Why should that be the case? A bike path crosses a road, the cyclist has to stop, it's not a difficult concept to grasp. The council haven't caused or contributed to her death at all. She rode that route daily - she knew there was a road there.

Or road crossed a cycle path the cars should have to stop.

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brooksby replied to AyBee | 10 years ago
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AyBee wrote:

Why should that be the case? A bike path crosses a road, the cyclist has to stop, it's not a difficult concept to grasp. The council haven't caused or contributed to her death at all. She rode that route daily - she knew there was a road there.

Except that wasn't the point.

A private access road (not a public highway) crossed an off-road cycle path which was (according to the parent) labelled up as a "safe off-road route to school".

A private access road. Of course that should be giving way to the cycle path, and there f-ing ought to have been signs warning cyclists on the cycle path that a private road crossed there AND warning vehicles on the road that cyclists are crossing there.

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Doctor Fegg replied to AyBee | 10 years ago
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AyBee wrote:

Why should that be the case? A bike path crosses a road, the cyclist has to stop, it's not a difficult concept to grasp.

You're not a transport planner for a local council, are you? Please tell me you're not.

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AyBee | 10 years ago
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Most people know that you slow down if a bike path crosses a road - why do we need a barrier to tell us that? Seems like a case of blame culture where no blame is attributed to the person's actions.

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HKCambridge | 10 years ago
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Not sure I am okay with this potentially resulting in more barriers on cycle paths. Just how much more un-ridable do we want to make Sustrans routes?

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Accessibility f... replied to HKCambridge | 10 years ago
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HKCambridge wrote:

Not sure I am okay with this potentially resulting in more barriers on cycle paths. Just how much more un-ridable do we want to make Sustrans routes?

The barriers should be presented to minor traffic crossing the major thoroughfare. But ideally, the junction should be modified so that all road users are clearly visible.

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jacknorell replied to Accessibility for all | 10 years ago
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Peowpeowpeowlasers wrote:
HKCambridge wrote:

Not sure I am okay with this potentially resulting in more barriers on cycle paths. Just how much more un-ridable do we want to make Sustrans routes?

The barriers should be presented to minor traffic crossing the major thoroughfare. But ideally, the junction should be modified so that all road users are clearly visible.

Except that it was a private access road, so no major anything. Given the labelling of the cycle path, the access road should have been required to give preference to it.

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