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Driver believed cyclist run over by another motorist was “a black bin bag”Statue of Justice, Old Bailey (licensed CC BY 2.0 on Flickr by Ronnie Macdonald).jpg

Driver believed cyclist run over by another motorist was “a black bin bag”

“No one thought it was a human being,” motorist’s lawyer told court
by Simon_MacMichael
Wed, Feb 17, 2021 12:00
38

A ​court in Scotland has heard that a driver who saw a cyclist who had fallen off his bike was “a black bin bag” just before the rider was run over by another motorist.

Post Office worker William Hicks, aged 39, admitted careless driving at Glasgow Sheriff Court in connection with the incident on 6 February 2019 on Fulton Street in the Glasgow district of Anniesland, reports the Daily Record.

The victim, Brian Shields, spent three weeks in hospital after sustaining multiple injuries when Hicks ran him over in his Volvo.

Mark Allan, prosecuting, said: “He failed to see Mr Shields lying on the road and drove over him.

“Mr Shield’s body passed underneath Hicks’ car. He then stopped after the collision.”

Describing Mr Shields’ injuries, he added: “He sustained a number of fractures on his vertebrae, bruised ribs and cuts and was released from hospital after 20 days.”

Paul Nelson, representing Hicks, said: “The driver on the opposite side of the road suspected Mr Shields was a black bin bag, but it turned out to be a person.

“No one thought it was a human being,” he added.

Sentencing Hicks, Sheriff Alan MacKenzie said: “There was someone on the road and you drove over that person.

“I recognise it wasn’t obvious to you or anyone there he was a human being.”

Hicks was fined £715 and had his driving licence endorsed with eight penalty points.

Careless driving
Simon MacMichael

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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38 comments

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Philh68 replied to Mungecrundle | 3 years ago
0 likes

No, I'm not. Maybe I should be flattered, cockroaches are near indestructible. Funny thing is drivers don't know many insect pests, they have no idea what I'm talking about if I ask if that means they're a cockchafer 😉

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hawkinspeter replied to Philh68 | 3 years ago
0 likes

Philh68 wrote:

No, I'm not. Maybe I should be flattered, cockroaches are near indestructible. Funny thing is drivers don't know many insect pests, they have no idea what I'm talking about if I ask if that means they're a cockchafer 😉

They were almost driven extinct with all our pesticide use, but since pesticide controls introduced in the 80s, their numbers are increasing.

Cute fellas.

 

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mdavidford replied to hawkinspeter | 3 years ago
0 likes

The pesticide story is just PR wash - the real reason for the decline was their incredible predeliction for gathering in large numbers to repeatedly bash their brains out against window panes (and anything else going).

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hawkinspeter replied to mdavidford | 3 years ago
0 likes

mdavidford wrote:

The pesticide story is just PR wash - the real reason for the decline was their incredible predeliction for gathering in large numbers to repeatedly bash their brains out against window panes (and anything else going).

Was that the work of Derek Taylor?

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the little onion | 3 years ago
8 likes

How on earth can someone, including a sheriff, confuse a fully grown adult thrown from their bike with a bin bag? It’s up there with ‘the sun was in my eyes’ and SMIDSY.

 

 

mind you, he would have got more than 8 penalty points if he had hit a bin bag....

Avatar
Jenova20 replied to the little onion | 3 years ago
3 likes

the little onion wrote:

How on earth can someone, including a sheriff, confuse a fully grown adult thrown from their bike with a bin bag? It’s up there with ‘the sun was in my eyes’ and SMIDSY.

 

 

mind you, he would have got more than 8 penalty points if he had hit a bin bag....

I was wondering this too. Unless the victim was wearing a black shell suit and curled up in a ball then this really is a ridiculous defence.

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HoarseMann replied to the little onion | 3 years ago
3 likes

the little onion wrote:

How on earth can someone, including a sheriff, confuse a fully grown adult thrown from their bike with a bin bag? It’s up there with ‘the sun was in my eyes’ and SMIDSY.

I once came across a bloke curled up in the road. It was bin night, dark, wet, and he did actually look like a bin bag. Only when I came to a stop did I realise it was a person.

But even if I was certain it was a bin bag, I wouldn't have driven over it. I mean the size of it, the mess it would have made, we're not talking an empty carrier bag blowing in the wind.

I can't really see this being a credible defence; surely it's very careless to purposefully drive over an object of this size no matter what it is?

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Jenova20 replied to HoarseMann | 3 years ago
0 likes

HoarseMann wrote:

the little onion wrote:

How on earth can someone, including a sheriff, confuse a fully grown adult thrown from their bike with a bin bag? It’s up there with ‘the sun was in my eyes’ and SMIDSY.

I once came across a bloke curled up in the road. It was bin night, dark, wet, and he did actually look like a bin bag. Only when I came to a stop did I realise it was a person.

The binmen have to keep an eye out for homeless people being in recycling bins and skips, especially in winter. They like to climb in for shelter and warmth.

I'm not aware of anyone being fined for having a homeless person in the wrong coloured bin yet though...

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