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news
Shah of Persia crossroads, Poole (Google Maps)Cyclist found guilty of riding carelessly in crash which killed motorcyclist
A cyclist who failed to check if the road was clear before turning right at a junction, causing the death of a motorcyclist, has been found guilty of careless cycling.
Garry Kopanycia-Reynolds, from Poole, Dorset, was issued with a £1,000 fine*, the maximum penalty possible for the offence of careless and inconsiderate cycling, at Poole Magistrates’ Court yesterday.
The 59-year-old cyclist was turning right at a busy traffic light-signalled crossroads towards Fernside Road, at just after 7am on 21 December 2021, when he collided with motorcyclist Callum Clements, who was travelling straight on from the opposite direction at the junction.
23-year-old Clements was killed in the collision, while Kopanycia-Reynolds sustained life-changing injuries, reports the Bournemouth Echo.
Appearing in court yesterday, Kopanycia-Reynolds denied cycling carelessly and without reasonable consideration for other road users (a lesser charge than the more serious cycling-related crime of wanton and furious driving, which can result in a custodial sentence).
> Jail for pavement cyclist who rode off after fatally injuring pensioner
However, District Judge Michael Snow ruled that the cyclist had failed to properly check if the road was clear before turning right at the junction, into the path of Mr Clements. While both men were travelling through green lights, the motorcyclist had the right of way as he was continuing straight on from Longfleet Road onto Ringwood Road.
“When [the defendant] gets to the junction, what is quite clear having viewed the recordings is he doesn’t stop,” Judge Snow said, referring to footage of the incident captured on a lorry driver’s cameras.
“He doesn’t obviously check. He just cycles straight on and at the point he makes that turn Callum is in the junction itself. He did not check I am afraid. He just continued straight on.”
“An absolute tragedy”
Prosecutor Stuart Ellacott told the court that while Mr Clements was riding at 40mph in a 30mph zone at the time of the crash, the excess speed could not be used as part of the cyclist’s defence as the road the motorcyclist was travelling on was visible for 150 metres from the centre of the crossroads.
“Either the defendant failed to see Mr Clements, who was there to be seen over a distance of some 150 metres for a period of some seven seconds, or he saw him and decided to risk making the turn following the vehicle in front of him and not pausing and misjudging his ability to make that turn,” Ellacott said.
When questioned as to why he made the right-hand turn with the motorcyclist approaching, Mr Kopanycia-Reynolds – a keen cyclist who knew that particular road “pretty much off by heart” – replied: “I made that turn because I obviously felt that I had the space and time to make that safe manoeuvre.”
“I would not have attempted it unless I would have made it safely.”
He also told the court that he was “totally” sure that the manoeuvre was safe and that he had seen the motorcyclist’s lights coming from the opposite direction but believed that they “were in the distance”.
Judge Snow, describing the incident as an “absolute tragedy”, accepted that the defendant was generally a competent and careful cyclist, but concluded that on that particular day his actions fell below these standards.
Kopanycia-Reynolds was fined £1,000 and ordered to pay £450 in costs and a victim surcharge of £190.
“It was not Callum who made the wrong decision, but he paid the biggest price”
Reading a victim personal statement in court, Mr Clement’s mother described the 23-year-old as someone who was “so full of life and lived for the moment”, and who would now miss out on watching his six brothers grow up and starting his own family.
Addressing the defendant, she said: “These are moments that you have stolen not only from Callum but from his friends and family.
“On that day my son died and part of me died with him. I will never be the same person I was before.”
She also claimed that Callum had been let down by the law and argued that cyclists should be held more accountable for their actions on the road.
“It was not Callum who made the wrong decision, but he paid the biggest price. He lost his life,” she said.
Police Constable Leanne Howes, of Dorset Police’s Serious Collision Investigation Team (SCIT), said in a statement: “This is a very sad case that has seen Callum’s family lose their loved one and the cyclist involved has also sustained significant life-changing injuries.
“Our investigation was able to prove that the defendant clearly turned in front of the motorcycle, which had right of way, and this resulted in the collision.
“This is a demonstration of the truly awful consequences that can be caused by any road user failing to pay sufficient care and attention.”
Our original version of this story said that the fine issued was £2,500; however according to the Bournemouth Echo, the court later clarified that the maximum fine available was £1,000.
After obtaining a PhD, lecturing, and hosting a history podcast at Queen’s University Belfast, Ryan joined road.cc in December 2021 and since then has kept the site’s readers and listeners informed and enthralled (well at least occasionally) on news, the live blog, and the road.cc Podcast. After boarding a wrong bus at the world championships and ruining a good pair of jeans at the cyclocross, he now serves as road.cc’s senior news writer. Before his foray into cycling journalism, he wallowed in the equally pitiless world of academia, where he wrote a book about Victorian politics and droned on about cycling and bikes to classes of bored students (while taking every chance he could get to talk about cycling in print or on the radio). He can be found riding his bike very slowly around the narrow, scenic country lanes of Co. Down.
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Hmm is this excuse viable for motorists?
I'd expect if the cyclist was driving a car, they'd probably have received a much smaller fine even though they most likely wouldn't have been injured themselves. By a 'simple mistake', I mean the cyclist did see the motorcycle and considered that they had enough time to make the turn - there didn't seem to be any aggression or MGIF attitude from the cyclist. But yes, I consider the cyclist to be at fault.
The motorcyclist was speeding, which clearly is contributory negligence; part of the reason for speed limits is that other drivers need to be able to predict how fast other vehicles are travelling when using the road; allowing others to make turns safely across the path of other vehicles is a big part of why drivers should not speed, along with being able to take corrective actions when other drivers make mistakes; eg, I regularly slow to avoid drivers that fail to see me, even though I have right of way.
Got to say that does seem a little rough on the cyclist. He does have the basic responsibility of proper observation and ceding priority but if the motorcyclist had been travelling within the speed limit, then the cyclist's judgement of available time in which to make the turn might well have been reasonable. At what point does speeding ( in a 30mph zone) make such an incident the fault of the speeder? Twatting over the horizon at 120mph? 40.001mph? Speed limit + 10% leeway?
As for accountability? An error of judgement was undoubtedly made the consequences of which were catastrophic and the cyclist has been held accountable and punished, arguably far more so than any number of motorists who have committed similar offences.
As my other comment - this simply comes down to observation time. As long as motorcyclist wasn't changing speed rapidly or there was some unexpected factor making observation harder e.g. had no working lights and road was unlit. And the article doesn't mention that. Haven't read the court detail but the report says there were seven seconds to observe (presumably from "possibly seen" until "collision"?) The court appears to have concluded that that was enough time to both observe and judge speed (or at least know if you didn't know).
If another vehicle was blocking the view that doesn't change things for me - it's a case of "couldn't see (or assess movement) - shouldn't proceed".
I'd say you could question whether the amount of time given was correct etc. but the general principle seems fairly applied - from my skim of the article.
Again this is terrible for all concerned, particularly the relatives. The motorcyclist's speed may well have had a critical outcome on their fate but - in this case - apparently not on responsibility for the crash.
When they say 40mph that is likely a very conservative estimate and then rounded-down speed, in reality it was probably close to 50mph. 40mph is still 33% over the speed limit... it does make it much harder to make safety assessments when the oncoming traffic is travelling far in excess of what it should be.
Worth noting that a high proportion of motorcyclists use an illegal overpowered headlight bulb, if this as the case it would also have added difficulty in assessing speed accurately.
Accurately assessing speed and condfidence in accurate speed assessment are also two different things. It can be harder to accurately judge a speed due to certain conditions without perceiving that extra difficulty. So you could believe you've accurately judged speed but you've been tricked by conditions that should not be present.
This is a horrible incident, as most have pointed out. If the cyclist was following the lorry, which also turned right, how close to the lorry was he? If he was close enough to the lorry to have his vision blocked, then surely the lorry also took a risk?
If he was further back, surely the speed of the motorcycle (in the dark) is a factor?
It's easy for us to be wise after the event I guess.
I'd be interested to know if it had been a car the motorcyclist crashed into, would the case have been dealt with the same, and what would the sentence have been?
So this wasn't even that Mr Kopanycia-Reynolds hadn't looked both ways, but that he had (simply?) misjudged the speed at which Mr Clements was approaching? That happens all the time - how is that even careless?
It certainly shouldn't attract the death penalty, but in all fairness, Callum did decide to break the posted speed limit...
This is bad all ways round - the cyclist "sustained life-changing injuries" and someone's dead.
If it's a case of misjudging speed, I'd say it's fair to prosecute under careless. Even if the other party has not helped you by going faster than the posted legal limit. Judging speed / the time you have to complete your manouever safely is an essential road skill requirement. The only question is the time available to assess this (or whether the motorcyclist suddenly accellerated - but no evidence produced in this case). Clearly that's a factor of speed but the evidence was this was 7 seconds. The court thought this ought to have been sufficient.
However if this is "careless" then driving over someone when they were fully visible in front of you simply cannot be in the same "careless" category. Or doing something risky / illegal yourself (e.g. speeding, crossing double-white lines) then hitting someone (note it's agreed here the cyclist had a green light - just that they should have ceded priority to the traffic going straight on). Or e.g. illegally modifying your vehicle (tinted windscreens) etc.
Anyway, I'm sure the current government will be picking up that review of road traffic law any day.
I really don't understand this, a cyclist is pulling across the junction having assessed that he has sufficient time to do so and is hit by a motorcyclist driving at 30% over the speed limit, but the motorcyclist's speed cannot be used as part of the cyclist's defence? If the cyclist would have had time to clear the junction before the motorcycle arrived if the motorcyclist had been sticking to the legal limit, surely the excess speed is massively relevant?
Obviously this is a tragic incident and horrible to read about, but these were my thoughts exactly. If the motorbiker was travelling too fast then that would directly affect 1. The ability of another road user to judge distances and times when manoeuvring, and 2. The motorbikers ability to slow down (!) and take evasive action. How on Earth is this fact irrelevant?
Agreed, it seems very relevent. Particualy as the prosecutor mentions how many meter the motorcyclist would have been visible for, but the time they would have covered this in wold have been much less due to the excess speed.
It appears that the cyclist was following a lorry turning right AND it was dark. So it would be interesting what actual length of time the cyclist had to make the decision to ensure it was clear. It doesn't excuse the cyclist who shouldn't have lemming (we see enough of that from cars). I suspect the lorries CCTV, if it is ever released to the public, would give more of an idea on how stupid it was from both sides.
I'd say that the cyclist was probably cutting it a bit fine, but you're quite right, if the motorcyclist had been travelling at the posted speed limit there wouldn't have been a collision. A very near miss though.
30mph - 13.4m/s, 40mph - 17.9m/s
That means the motorbike must have been closer than 20m to the cyclist when they started their turn, don't think I'd of done that even if I was sure the approaching vehicle was only doing 30mph.
Only mention is that the motorcyclist was in the junction at the time the cyclist turned, given that typical lane width in uk is 3.7m even allowing for widening at the junction we are probably talking of the order of 10m across and the motorcyclist was already in the junction according to the report - so less than 10m seperation - which is why the prosecution were stating that speed of the motorcyclist could not be used as mitigation for the careless cycling.
I think the cyclist is guilty as charged (as found by a court who had access to far more evidence than on here) - it may be debateable as to the harshness of the penalty when compared to similar cases involving motorists.
Whilst the excess speed of the motorcyclist is no excuse for the cyclists lack of care - it may have played a role in the outcome i.e. he would have had a greater chance of survival at 30mph, it is not clear if this was taken into consideration in terms of charges brought or sentencing.
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I don't believe it's for the prosecution to deny, rule or dictate on what contributing factors the defence can use or not.
Wouldn't that be for the judge to decide?
On the one hand:
The evidence of 'unsafe' speeding treated as irrelevant and not up for debate - had the cycle rider been driving a car, their defence likely would have challenged this rigorously as a critical factor - Mr loophole would likely have seen to that had he been involved in the defence.
On the other hand:
The failure to yield as the only relevant and contributing fator to the terrible collision.
This court ruling will probably embolden speeders, never mind the approaching junction or other hazzards - and does't do much for the message: 'speed kills'
I'd say that the speeding was a factor, but the onus is on the person performing a maneouvre (turning right) to ensure that it is safe to do so. Not being able to judge the speed/gap required is using incompetence as an excuse - if in doubt, let the other vehicle continue straight and turn after they pass.
Absolutely, I have no doubt that the cyclist made a bad misjudgement, just wondering why the motorcyclist's excess speed has apparently been deemed totally irrelevant? As I said on the main news thread, one suspects that if the cyclist had been killed and the motorcyclist survived he would've been on a charge himself for hitting somebody when driving at 30% over the speed limit.
Possibly, but it was the right turn that created the situation.
I tend to agree with what you've said, but I am left wondering under what circumstances exceeding the speed limit would be seen as relevant, beyond simply a speeding ticket. In other words, is the speed limit there purely for its own sake, or is there some rationale behind it?
Well, the judge seems to consider the distance that the rider was visible for to be a major factor. If they were speeding around a corner, then I'd guess that the case would have been very different.
I was a motorcycle cop and a big part of the reason speed limits exist, along with the road design, is making traffic predictable for road users; this includes driving at a speed appropriate to the conditions, so even keeping to the speed limit may be deemed unsafe during fog, rain or at night.
It would also be interesting to know the basis for the 40mph calculation. Further, at a junction, was 30mph an appropriate speed. A frequent observation is that being within the speed limit does not necessarily make the speed appropriate. In this case, of I've understood it, the motorcyclist's view of the road is obscured by the lorry yet they've continued at high speed, not having clear sight of the road ahead. So, although it seems the cyclist caused the collision by not properly ensuring his path was clear to proceed, the motorcyclist failed to do the basics of defensive riding and surely the speed was a factor in failing to cope. After all, if a pedestrian stepped out into the road without looking, would the blame be entirely on the pedestrian for their fatal mistake or would the police consider that someone exceeding the speed limit contributed?
Further, how likely is it that the motorcyclist have would have survived a crash at 30mph rather than 40mph?
I agree that speeding in the dark through a junction, just behind a lorry is not what I'd consider careful riding, but it's a case of comparing a lack of defensive riding with an unsafe maneouvre. One of them created a situation and the other failed to avoid it.
Yes, and the motorcyclist was not on trial and I feel that what was being assessed was the incident not the consequences. The fault is there whether there was a collision or not - a test of careless driving is that another road user had to brake or change direction, not there was a collision
Perhaps the culpability of the motorcyclist was part of the CPS decision not to go down the path of a more serious charge, and therefore the trial was avoiding getting into that area, perhaps in part to spare the relatives of the rider.
From the description, the motorcyclists lights were in the front camera and then the collision was shown in the rear one, (and the mention the cyclist followed the other vehicle without checking it was clear), the assumption I had was the lorry was turning right across the path of the motorbike similar to the cyclist, just that he had more time to do it.
A large vehicle crossing right ahead of me would have still had me off the accelerator / pedals and ready on the brake simply because something might stop them completing the manouvre or the person behind the lorry could just follow like a lemming though.
As mentioned, it would be interesting if the the CCTV does get released so more clarity could be shown on time difference between the two right turning vehicles etc.
An average of 47mph in a 30mph limit is not a lack of defensive driving - it's dangerous driving.
I do agree, but in this instance it wasn't the direct cause of the collision.
100% this, but I see we still have armchair experts trying to conclude differntly.
From the photo it looks busy enough to warrant traffic signals but there is no filter light for right turn, so additional cauton should be taken when turning right.
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