A pharmaceutical industry consultant has been cleared of causing death by careless driving after she hit a cyclist while overtaking on a bend.
Dr Helen Measures, 51, was overtaking two other cyclists and on the wrong side of the road when she hit Denisa Perinova, 21 on the A415 near Henley-on-Thames on July 15 last year.
The court heard that Ms Perinova was riding with her boyfriend, Ben Pontin, and lost control of her bike when she saw Dr Measures’ Mini heading toward them.
Dr Measures’ car hit Ms Perinova at up to 50mph, flinging her 15 yards into the entrance of a nearby field.
Mr Pontin said he saw Dr Measures make a “stupid manoeuvre” on a curve in the road, leaving him just a “tiny gap”. He felt his girlfriend’s wheels touch his bike and when he looked round she had been hurled into the entrance of a field.
“I just couldn’t believe the person driving had overtaken at that point,” he said.
Ms Perinova’s helmet was smashed. She was taken to Royal Berkshire Hospital in Reading and later transferred to a specialist neurological unit at the John Radcliffe Hospital in Oxford. She died a week later from her injuries.
It was her first ride on a bike that Mr Pontin had recently bought her.
"I would expect cyclists to remain upright"
During the trial Dr Measures claimed that Ms Perinova had fallen into her path. Sandra Beck, prosecuting asked her, “You are relying on other road users avoiding you when you are on their side of the road?”
“I can’t help it if a cyclist, with all due respect, falls over as I’m approaching them and comes into my line of travel,” Dr Measures said. “I would expect cyclists to generally remain upright as the first cyclist did.
“You do not make a manoeuvre if you don’t think it is safe to do so. Had everyone stayed upright, there would not have been an issue,” she said.
Dr Measures admitted she had not seen the oncoming riders as she decided there was “sufficient room” to slow down and pass.
She said she was “surprised” to see Mr Pontin and Ms Perinova coming toward her as came round the bend at 40 to 50mph, but felt they had room to get past.
“I had to make a decision of what to do. I felt the safest decision was to continue straight ahead because they were in single file. If I had been concerned, I would have stopped suddenly.”
The jury deliberated for three hours before returning a ‘not guilty’ verdict.
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103 comments
Honestly, I think you'd get more for having a couple of bald tyres than killing a cyclist these days. Unbelievable.
I've read bit more on this case and it seems to be yet another case of a driver making a poor driving decision which has resulted in a fatality. Dr Measures seems to be a perfectly good law abiding citizen, however this seems to highlight the urgent need for proper, relevant training for drivers (new and existing license holders). Like how to drive with other more vulnerable road users around, and the responsibility you have when you get behind the wheel. Car drivers need to see the plain stats on road deaths and injuries and be made very aware of the potential consequences of their actions.
As a nation are we really ok with the road fatalities/injuries - because the lack of meaningful action (from citizens and government) would suggest an implicit yes.
"I thought it would be ok" might be fine in many situations in life, but when you're in car you have the potential to injure or kill other human beings if your judgement is out, therefore you need to err on the side of caution, not on the side of "I'm in my car, I have the right to continue my journey unimpeded by all other road users".
Rant. Over.
speechless
This maybe a bit off topic, but i've always wondered, whats the relationship between the highway code and the law.
The Highway Code is a series of guidelines for road usage, of which some are the layman description for various sections of laws such as the Road Traffic Act.
You can usually tell which HWC rules are backed by legislation as the various sections will be included after.
You can see here that Rule 163 "Overtake only when it is safe and legal to do so.", only has guidelines on safely overtaking, whereas Rule 165:"You MUST NOT overtake...", is followed by some codes (Laws RTA 1988 sect 36, TSRGD regs 10, 22, 23 & 24, ZPPPCRGD reg 24).
These will refer the relevant sections of the Road Traffic Act, The Traffic Signs Regulations and General Directions 2002 and The Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997.
So, if it doesnt have bold abbreviated codes after, its a guideline, not legislation.
so now it's ok to overtake on a bend where you
can't see on coming traffic or road conditions ...
Highway code 162 and 163 would seem to disagree !!!!!
The law really is a bloody ass!
ffs whats going on
I can't help it if someone stands in the way when I fire my gun!
Disgraceful verdict.
That is SHOCKING, the justice system in this country is proving itself to be utterly ridiculous!
I wonder how many jury members were cyclists
Things must change.
http://beyondthekerb.wordpress.com/2013/10/03/the-law-and-the-road-thing...
I DESPAIR!!!!!!
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