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Six-figure damages awarded against Swiss ex-pro cyclist who caused death of fellow rider during race

Close overtake led to crash that claimed victim's life...

A former professional cyclist found guilty of causing the death of another rider during a race has been given a suspended prison sentence and ordered to pay a total of 400,000 Swiss Francs (£316,000) to the family of the victim and to three other riders who were injured.

The fatal incident happened on 14 June 2014 during an amateur race held as part of Gippingen cycling week in the Canton of Aargau, northern Switzerland, reports the news website 20 minutes.

During a descent, the 52-year-old defendant, not named in the report but described as a former professional cyclist who had twice participated in the Tour de Suisse, collided with another rider he was trying to overtake, bringing him down.

Two other riders behind crashed, one of whom, a 36-year-old man from Zurich, died of his injuries that evening in hospital. The victim’s name does not appear in reports of the crash or the court case.

One witness said that the defendant was riding at 70 kilometres an hour and that there was no more than 30 centimetres between his bike and that of the rider he was overtaking.

The defendant, who has not raced since and only cycles now to get to and from work, said in court that he remembered lightly touching another rider.

In the criminal element of the case, the court found him guilty of negligent homicide, imposing a suspended sentence of one year’s imprisonment and fining him 2,000 Swiss Francs (£1,580).

Under the civil action, the court rejected the argument that he was liable for reckless homicide, saying it was out of the question that the crash had been caused deliberately.

Besides the compensation he was ordered to pay to the victim’s family and the other two cyclists who were injured, the defendant will also have to pay costs of 75,000 Swiss Francs (£59,000).

His lawyer, Raphaël Haltiner, said he would study the court’s written judgment before deciding whether to launch an appeal on his client’s behalf.

Although we’re unable to trace a UK court case dealing with a similar scenario, in such circumstances a criminal charge of causing bodily injury by wanton or furious driving would be one course of action open to prosecutors, while there would also presumably be grounds for a civil claim for negligence.

However, while British Cycling membership includes insurance for legal liability to third parties, that does not cover incidents involving “one member against another in a cycling competition, race, time trial or timed event.”

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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11 comments

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DrG82 | 8 years ago
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The whole helmets/no helmets thing is a difficult thing to actually quantity and put a number to. There simply isn't the data freely available to the punters like us to be able to say either way, and superpython's suggestion to look on Wikipedia is farce. To get any useful conclusions you'd need to know exactly why the incident occurred, what was the cause of death, what protective equipment was being used and then how many people are cycling. Just a few examples of how the data is skewed: If a cyclist dies of a head wound this doesn't indicate that they would have survived if they hadn't hit their head because they may have a ruptured liver. In which case the record would show the death of a helmeted cyclist. And more simply being run over by a camera car is nothing to do with the cyclists headwear.
Unless someone wants to do all the analysis I'll continue to wear a helmet as from what I've seen they can save lives.
If you don't want to wear a helmet don't, but don't try convincing others not to based on some hypothesis that you can't prove.

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FluffyKittenofT... replied to DrG82 | 8 years ago
1 like
DrG82 wrote:

If you don't want to wear a helmet don't, but don't try convincing others not to based on some hypothesis that you can't prove.

Except that the argument isn't usually about that. It's usually started by someone raising the issue of making helmets compulsory by law.

In the case of racing it's often either part of the rules or at least a convention that is very difficult to ignore. So its still an argument that can't be ignored in the name of 'personal choice'

I don't really care what happens in relation to sport, myself (those who participate in it can argue about it among themselves), but as long as sports have rules I don't think you can just say its up to the individual. Don't similar arguments arise about the use of gloves in boxing and helmets and padding in American football?

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arfa | 8 years ago
1 like

There's a growing school of thought that helmets in skiing are not necessarily a good thing.

I'll just leave this article here and I am sure you can all make your own minds up
 

http://www.nytimes.com/2014/01/01/sports/on-slopes-rise-in-helmet-use-bu...

 

 

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anyoldbike | 8 years ago
2 likes

It's about time that someone started the Reduce Cycling Confidence movement. It is the path to massive improvement, if not eradication, of cycling mortality statistics. 

I blame improved braking. Clearly braking ability affects confidence on descents, into corners and anywhere that you need to stop in a hurry - braking has improved over the last 15 years (oh, maybe not for carbon rims but the future is dark there). There is worse to come, as widespread adoption of disc brakes will mean massive increases in deaths.  We need to take all brakes off bikes and, even with helmets, riders will be so cautious that there will never be another death. Once we have that outcome helmets would be a redundant concept and laws can be changed.

I'd write more but I'm about to go on a road ride, with helmet, that would make Evel Knievel blanche. I never used to do that sort of thing but these days it seems mandatory.

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Tommytrucker replied to anyoldbike | 8 years ago
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anyoldbike wrote:

It's about time that someone started the Reduce Cycling Confidence movement. It is the path to massive improvement, if not eradication, of cycling mortality statistics. 

I blame improved braking. Clearly braking ability affects confidence on descents, into corners and anywhere that you need to stop in a hurry - braking has improved over the last 15 years (oh, maybe not for carbon rims but the future is dark there). There is worse to come, as widespread adoption of disc brakes will mean massive increases in deaths.  We need to take all brakes off bikes and, even with helmets, riders will be so cautious that there will never be another death. Once we have that outcome helmets would be a redundant concept and laws can be changed.

I'd write more but I'm about to go on a road ride, with helmet, that would make Evel Knievel blanche. I never used to do that sort of thing but these days it seems mandatory.

F*ck off

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Mungecrundle replied to anyoldbike | 8 years ago
1 like

anyoldbike wrote:

It's about time that someone started the Reduce Cycling Confidence movement. It is the path to massive improvement, if not eradication, of cycling mortality statistics. 

I blame improved braking. Clearly braking ability affects confidence on descents, into corners and anywhere that you need to stop in a hurry - braking has improved over the last 15 years (oh, maybe not for carbon rims but the future is dark there). There is worse to come, as widespread adoption of disc brakes will mean massive increases in deaths.  We need to take all brakes off bikes and, even with helmets, riders will be so cautious that there will never be another death. Once we have that outcome helmets would be a redundant concept and laws can be changed.

I'd write more but I'm about to go on a road ride, with helmet, that would make Evel Knievel blanche. I never used to do that sort of thing but these days it seems mandatory.

 

You clearly write in jest, but there are a few who genuinely ascribe to this philosophy.

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tritecommentbot replied to anyoldbike | 8 years ago
1 like

anyoldbike wrote:

It's about time that someone started the Reduce Cycling Confidence movement. It is the path to massive improvement, if not eradication, of cycling mortality statistics. 

 

 

If you're referring to Python's reasoning, then his point isn't about reducing confidence, but actually about increasing awareness of vulnerability and then over-confidence.

 

It's not cycling specific either. Wrap anyone up in protective gearing and they do take greater risks. Are you saying that isn't true?

 

There is a helmet debate to be had, but I can't see the point in misconstruing arguments from either side. 

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hennie | 8 years ago
4 likes

Go to bed Mr Python, it's getting late. 

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anyoldbike | 8 years ago
3 likes

that smell might just be you?   Helmets are THE variable in the last 15 years?

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anyoldbike | 8 years ago
2 likes

I call furphy on the 'helmet leads to accident'.  Disclosure - I do have to wear a helmet in Australia but I'm happy to take a helmet when touring overseas. I don't believe that a helmet will 'save' me, but I do know that you can take a bit of a knock if you come off and silly or unexpected things can happen, even when travelling at a slow or moderate speed on the flat (e.g. the cat that ran into my front wheel in France).

I don't rocket down a descent thinking I can push an extra 5 kmh due to some flimsy bit of kit on my bonce. Descending is still a function of skills, bike, experience, adrenalin, keeping up with others etc. A helmet doesn't change my skill level and it doesn't change bike performance, so it doesn't influence my decisions. I'm pretty sure most experienced riders are the same. And I'm fairly sure that less experienced riders can make all sorts of errors, with 'I have a helmet' among the least likely of factors involved in an accident.

The more interesting point in this article is that riders are responsible for managing their vehicle in an appropriate way - as opposed to 'I can do what I like, when I like'.

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Phil H | 8 years ago
5 likes

What the f**k has this story or incident got to do with helmets?no Take your rant elswhere. Wear one or not: your choice, but this is nothing to do with the accident in question.  

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