A coroner’s inquest has been told that no charges will be brought against a cyclist who was riding laps of London’s Regent’s Park when he crashed into a pensioner, causing her fatal injuries.
Hilda Griffiths, aged 81, died two months after the collision which happened shortly after 7am on a Saturday morning in June 2022, in which she sustained injuries including several broken bones and bleeding on the brain, reports Telegraph.co.uk.
Inner West London Coroner’s Court heard that the cyclist, Brian Fitzgerald, who works as a banker with Credit Suisse, was riding at a speed of between 25mph and 29mph as he undertook laps of the park, a popular destination with the capital’s cyclists, in a pace line with fellow members of the Muswell Hill Peloton club.
The speed limit in the park is 20mph, but the Metropolitan Police Service confirmed that it does not apply to people riding bicycles, and that the case had been closed because there was “insufficient evidence for a real prospect of conviction.”
Mr Fitzgerald told the inquest that he had been left with “zero reaction time” when Ms Griffiths, who had been walking her dog and was crossing the road to a pedestrian island, stepped out in front of the group from a pedestrian island, estimating that he only had 2 metres in which to brake to avoid crashing into her.
A jogger who witnessed the crash, which happened on the Outer Circle close to Hanover Terrace, confirmed that in their opinion, the cyclist was not at fault.
“I believe legally the speed limit doesn’t apply to cyclists [the same] as motorists,” Mr Fitzgerald said.
“I’ve never seen any police in the park having any objections to the speed cyclists travel at,” he continued.
Metropolitan Police Detective Sergeant Ropafadzo Bungo told the court that a review of the case determined that “there were no criminal acts which would allow prosecution” in instances where a cyclist is riding faster than the posted speed limit for motor vehicles and which do not apply to bicycles since they are not mechanically propelled and are not required to be fitted with speedometers.
The officer explained that “mechanically propelled vehicles have the ability to identify the speed one is actually moving at” while in most cases cyclists cannot.
The Royal Parks, which manages Regent’s Park as well as a number of other parks in London as well as Windsor Great Park, has previously confirmed that speed limits posted in the parks apply only to motor vehicles.
Mr Fitzgerald, who conveyed his “sympathies” to the victim’s family, added that he was not sure whether there were markings on the road telling cyclist to slow down, although a photograph shown to the inquest revealed that there was one on the approach to the location where the crash happened.
Ms Griffiths’ son, Gerard Griffiths, told the court that he believed the law needed reforming.
“With 35 or more cycling clubs with hundreds of members in the park, it was only a matter of time before tragic outcomes occurred,” he said.
“The laws are inadequate and need to change. If any other type of vehicles were travelling over the speed limit in that same formation – essentially tailgating – they would be committing an offence.”
Assistant coroner Jean Harkin recorded a conclusion of “accidental cycling collision death.”
While no charges are being brought against Mr Fitzgerald in connection with Ms Griffiths’ death, occasionally prosecutions are brought against bike riders involved in a crash in which a pedestrian is killed.
In August 2017, cyclist Charlie Alliston was sentenced to 18 months’ detention in a youth offenders facility after being convicted by a jury at the Old Bailey of “causing bodily harm by wanton and furious driving” in connection with the death of Kim Briggs, whom he struck as she crossed London’s Old Street.
Alliston, who was riding a fixed-wheel bike that had no front brake .and did not therefore comply with legal requirements for use on the road, was cleared of a separate charge of manslaughter.
The offence he was found guilty of falls under the Offences Against the Person Act 1861 and Mrs Briggs’ husband, Matthew Briggs, has campaigned since her death for the law to be updated with a new offence of causing death by dangerous cycling to be introduced, and has claimed that the government’s failure to do so is because ministers are scared of what he termed the “cycling lobby.”
> Husband of pedestrian killed by cyclist claims ministers are scared of “cycling lobby”
Because Ms Griffiths died more than 30 days after the crash, it will be recorded in official statistics compiled annually by the Department for Transport in its publication Reported Road Casualties Great Britain as one resulting in serious injury, rather than as a fatality.
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83 comments
I don't see that presumed liability would make any difference to this case as there were witnesses to the incident. Presumed liability is for when there's no other evidence to assign liability.
I can't see that rumble strips or changing bye-laws would make any difference as this incident would likely have happened if the cyclist was travelling at less than 20mph, so what's the purpose behind trying to limit their speed? To my mind, the root cause was a pedestrian not taking sufficient care when stepping out into traffic.
Indeed. The first question should be "how often does this kind of thing happen here?" That's including near-collisions.
Perhaps just "tragic error".
If it does turn out that this is not infrequent, and/or cyclists also crash because e.g. dooring (sounds like a fairly busy street environment)... perhaps we could fix it so there is some more appropriate place where cyclists *can* do fast laps? Without worrying about the cars and where pedestrians know they should take extra care to look for cyclists?
Of course there are some cyclists who will be "mah rights! I'll ride where and how i like". Because getting on a bike doesn't necessarily make you a better person - just much less of a problem than someone in a motor vehicle.
Stats information is on crashmap, cyclestreets etc as per usual.
But needs to be treated with some care as it is an effective high volume cycling training track, and a 20mph motor vehicle speed limit. *
I believe that tickets for going the wrong side of Islands are somewhat higher than average, if I have it right. Cycling Mikey country - I think.
I'm not sure why "places for fast laps" need to be provided - no one else gets such facilities at public expense in the public realm where there are risks; London has a number of velodromes, and similar. Is there a cycling business who do track days - somewhere like Castle Combe or Donington Park could be suitable?
Do we have any places (yet?) where there are high quality cycle tracks with few or no pedestrians due to being some way out of town?
(* I believe it was reduced from 30mph in 2018, so the motor vehicle stats split then may be interesting.)
Thanks - of course, the numbers should be out there.
Of course these won't measure the "near collisions" (or indeed numbers cycling - though presumably Strava etc?). Those are important - after all we're essentially discussing "perception". We on here - if not the general public - appreciate that these kind of events are on the "one or two, every few years" frequency. "Bees", "trousers" and many other things have higher casualty totals. (Of course if we're being more thoughtful we'll want the rate or even change in rate over time and some measure of "exposure to the risk". And of course we're obviously comparing different kinds of events; bees are "part of the environment" and people voluntarily choose to tangle with "dangerous" trousers...)
I am mostly with you on the "but but why do cyclists get to race on the roads?" part. Of course the other side of this is "but it's perfectly legal; why should we voluntarily embrace more restrictions than everyone else to guard against very unlikely events which the extra care might still not prevent?"
My take was that given (presumably a fair number?) do cycle here for training *even when it's not ideal for cyclists and has some risk to them* perhaps restrictions (up to a ban) would not the most effective solution?
While cycle racing on the roads is perfectly legal (subject to conditions such as police approval, warning notices and marshals at junctions) this does not seem to be a case of racing on the road, merely training which is very different. If we are going to put restrictions on cyclists training, what about joggers training for the London marathon (other running races are available).
Indeed how do we distinguish between cyclists training and a cyclist late for work or a jogger and someone running for a bus?
Is it that different though? (Yes, danger goes up rapidly with increasing speed). As for distinguishing things - from a comment by me ages back - "With a team, above 20mph and doing laps - that would qualify, I'd say."
Perhaps this isn't the most considerate (or sensible) place to train? Something like doing rugby practice on a footpath, or jogging through a busy shopping centre?
For cyclists like drivers I think it's fair to ask "are you cycling to the conditions?" I'd say that includes the type of environment. Here - a busy urban street space where lower speeds are prescribed for motor vehicles, and there will be people numerous people crossing.
Even though perfectly legal * I'm just not sure "but I could have been going way faster" is great mitigation.
* Because no calibrated measuring equipment, not so much because no danger (though apparently less than motor vehicles).
From my experience, training is often far more dangerous (at least to the rider) than racing because it is done on the public roads without any indication to the public that it is happening, but for racers there is no other option, you have to train in a similar environment to that you will race in, fitness gained from zwift training doesn't help you handling a bike in a bunch on the road. Is it right, maybe not but it is legal which is more than can be said for motorists speeding, close passing, pavement parking etc.
Without seeing the roads in question at the time of day they were training I wouldn't like to say, most racers are quite particular about where they train as they are well aware that they will usually come off worse in a collision.
It's a fair question and in the heat of training they may have been less willing to trade speed for safety than normal, there is always the option for the lead rider to call "ease" if he sees something developing ahead but for some reason that didn't happen in this case, only the riders themselves can know why.
I'm not sure that anyone is trying to use that mitigation, mainly because it doesn't mitigate anything. As to calibrated measuring equipment, it is only on motor vehicles because it is required by law, without the law unscrupulous manufacturers would be fiddling the calibration as a cheaper way to make their cars faster then their competitors
For "track days" - of course this doesn't really address what is likely a "casual turn up of a morning / evening / weekend". However - with bonuses for "speed" and "wacky races" there is the BHPC!
https://www.bhpc.org.uk/
https://www.bhpc.org.uk/events/2024-races/
There is a place in London where cyclists *can* do fast laps: The road cycle circuit near the Velodrome at the QE Olympic Park. But it costs money to cycle there.
My comments are more aimed at encouraging a change of culture in that place, just as we want to see a change of general road culture.
Ramming a metal brake hood into an elderly persons side at 13m/s vs 4 m/s potentially makes a big difference!
Who has metal brake hoods these days, who has suggested that being hit by a brake hood had anything to do with this poor woman's demise, and 4 m/s is 8.9 mph, are you seriously suggesting that should be a limit for cyclists?
Generally disagree. I would agree that it would be nicer if people cycling were more sensitive to the issues of others.
But would we expect the same if those cyclists were driving though? Well - we know a percentage of those in cars (with number plates! having been licenced!) will push it not just up to the line of the law but well over that *.
Perhaps in the case of clubs there's more leverage ("Sort your members out, they're making you look bad")?
As for "but dangerous cyclists!" the issue is really "how to safely educate the population about the presence of cyclists on our streets"**.
Measures to "slow down dangerous cyclists" are a bad idea. Because that won't even help address the "outrage". That's a "culture war" being driven by those with far greater reach than all the cycling and road safety organisations put together.
Don't trust me - check the circumstances in which measures to slow cyclists are used in NL. All the ones I can think of just now are actually to protect cyclists, because cars.
* For some offenses (speeding, probably driving on footway / cycleway) that is more than half of those driving. And sometimes it turns out it's not just "lack of consideration" but "blantant disregard for others' well-being".
** It turns out that - once people are educated*** - cycling isn't really dangerous where pedestrians have their space.
Caveat as usual - we should be prepared to address the concerns of other vulnerable road users. And work in partnership to address the understandable concerns of the marginalised e.g. those with cognitive, sight / hearing and mobility issues.
*** The same thing happened with motor vehicles, but the learning process involved decades of lives lost and ruined, to general indifference. It's still the case; we've just dialled down the volume of outrage to a level most can't hear ...
I agree with most of what you say, but perhaps not the domain of application wrt on-road pelotons training.
I think it's fair to say that there are particular things that could be usefully addressed around the Regets Park Outer Circle (and other Royal Parks?), and done effectively that would then not be an issue able to be leveraged by the Telegraph, Spectator etc into a more general outrage as part of their war on cycling.
I think that the current spurt of outrage is to do with our current Govt trying to save their butts at the next election - Rishi Sunk is playing hula hoops with Hail Mary passes, whilst digging his own political grave. We saw where that got them last Saturday. At the next election their butts will be handed to them in a squeeze tube by the voters, and they will be placed in the dustbin of history for an extended period.
So the real question is perhaps what important and basic things can we change over the next years, especially in England (eg Scotland has their budget-for-active-travel commitment), working with MPs such as Nottingham MP Lillian Greenwood, our now increased numbers of Green Councillors (imo excellent locally, but a bit loopy nationally), Lib Dems who are basically local populists so can be persuaded if lobbied enough etc.
I have a particular eye on Police and Crime Commissioners and ASBO Parking - nearly half of our PCCs are now Labour, up from about 20%, who can be expected to pay more attention to marginalised groups. What change can be generated?
I agree that we are in a culture war, but it is not cycling vs motor culture, it is humans vs motor culture One of the hopeful trends is active travel groups (walkers, wheelers, cyclists, disabled etc) all coming together because we face the same issues.
The culture changes I want are around Local Highways Authorities being made to accept equality for transport modes, public realm improvements, barriers off cycleways, application of the same processes for building cycleways as for roads (eg CPO), and so on. These will all need to be policy-driven. Some of this is modelled in various places, and I support for example Wheels For Wellbeings' ask for LTN 1/20 and Inclusive Mobility to become mandatory, not just guidelines, as a step on this road.
(For this I would recommend the podcast published recently between Carlton Reid and Laura Laker discussing her new book:
https://www.the-spokesmen.com/lauralaker/)
I think that the BicycleDutch Zebra Crossing video linked chooses an extrame example to characterise the UK (a pedestrian deliberately going back to block cyclists), and is quite starry-eyed about NL and Zebras. TBH I think our system is perhaps better as a basic set of assumptions - especially for disabled people, which are then softened a little in practice.
Personally I have very few problems around my town with HWC changes, and I find the HWC changes are gradually making a difference - the places I have problems if any is where poor design ruins sightlines and drivers who can see nothing coming assume it is not there. It hasn't sunk in for some yet, but that is to do with no education campaigns etc.
Oh, I think one of those publications might continue even if cycling wasn't just an odd thing a tiny fraction of the population did (including "entitled MAMILs" and "young thugs, thieves and dealers").
AFAIK it's not really an issue in places where cycling is just another mode of transport though.
Sounds great! However ... I used to be fully behind this - with a caveat that while LTN1/20 would be a dream in most of the UK it's still setting the bar far too low in many places e.g. widths, there are get-outs etc.
But I recently found that "national standards" are NOT directly set by law in NL. It's more that they emerge from the way responsibility for street safety, environmental regulations and (of course) desire for political popularity come together. (The latter in a place where probably the majority of the electorate cycle at some point.)
Not sure exactly the importance of that? And of course it might still be that without a more prescriptive approach and the big stick safe and convenient design would never get its foot in the door in the UK...
A lot is down to culture - agree on that - and we work from different starting points.
One of our real advantages is that we have a more basic right to be full road users, and so being forced to use poor quality infra will be very difficult to put in place. Unlike some countries in Europe where using cycle tracks provided alongside roads is an obligation. And especially in the US where for example they built the crappy cycle track over the Brooklyn Bridge, and banned cyclists from the carriageway.
Another is PROW laws with access rights which means that where something is a PROW we have an established legal procedure to protect them and clear obstacles etc, and there is at least some consultation involved before removal. This is another set of organsiations we need to join cause with.
One point that needs addressing is that new footpaths, rail trails, greenways etc do not become PROWs automatically. There are tens of thousands of miles of these that need to be recategorised, and it needs ot be automatic with all new ones.
I go for LTN 1/20 mandatory with minimal exceptions as my desired balance, meaning 99%.
I'm sure the rules will differ, but is that a fact (IANAL)? Noting that things are different even within the UK (e.g. "right to roam" for me in Scotland) and actually there are already legal restrictions for non-motorised users on some roads.
So I'm wary when I hear "but they'll confine us to rubbish infra!" It's not that I don't think it's possible. I just question people who think it's THE hill to die on or a great defence. I doubt the authorities would have much problem getting round it should they want. And it's already happened for most people - those who just don't cycle - by fiat.
Agree about the PROW laws - that could be a useful lever.
AFAIK, the only roads you're not allowed to walk on are those classed as motorways, there are a few others where cycling is banned but they are very rare, in the case of motorways there are quite a few motorised vehicles that are also banned.
Until I actually see some good cycling infrastructure I'm going to keep my fallacy thank you very much, I'm sure there must be some somewhere but I've never come across it!
Fair point. Without pointing too far (e.g. across the North Sea) - there are some local bits which are "mostly good enough" for me:
http://www.cycling-edinburgh.org.uk/bike-paths.htm
I've started noticing I use these in preference to roads even where routes are a bit longer. That's part habit, partly to avoid hills but mostly they feel quicker and I think that's due to zero traffic lights and minimal slowing for junctions. Effectively never being around motor vehicles (see "youth" below) and in green, quiet space also grows on you.
Of course these aren't "gold standard": they're shared use. That should be a serious deficiency but on these specific examples I find it's *mostly* not an issue. Though I now know where to avoid (canal, Water of Leith walkway) and I'm not "training". And once in a while it's not good because you've mistimed it and catch a football crowd, or it's "everyone take the toddlers and dogs out" day.
Social safety is a major issue for some (especially after dark). Luckily I've only had a few issues (youth - a couple of times with "borrowed" motorbikes or "look 20+ mph no pedalling" things...)
The newest routes in Edinburgh (NOT Leith Walk - e.g. CCWEL) are getting closer to it. Still inconsistent, still have various deficiencies. I think they've grasped the concepts of "continuous" and "separate" now though. They're nearly there with "continous side-road crossing" and they're grappling with "...and not round the houses". Fixing the junctions where you have to cross a road next, hopefully!
Reasonable points, though I feel their view is balanced (if normally cycle-positive!). UK crossings are simply set up for motor users, needed because:
The difference (formal crossing vs. informal cycle path crossing) seems to be there is less danger from cyclists (but we should check figures), plus it is much easier to cross cycle paths because (a) they're much narrower (as are the bikes), (b) speeds are lower (c) visual negotiation is easier.
Of course the latter isn't an option for some.
You can find some accounts from people who don't feel safe in NL with the volume of cyclists. I see this as "how it is" - a more-or-less imperfect balancing act of convenience (for most), harm minimisation * and regard for "minorities". (Noting that "accessibility changes" are often also good for the majority).
In the UK the majority travelling are in cars and disregard those outside to a certain extent. In NL overall the majority are still in cars, but a large minority are on bikes** - but they are still the same people. So I'm sure they won't all be perfectly "polite and considerate" around those crossing.
The choices would be do we want most people in cars or not *? Then - what is the balance between the UK way (formal crossings) and something different? The UK system is definitely inconvenient for everyone - pedestrians have to wait, cyclists sometimes have to stop completely - and it's still not entirely safe.
* It is to our advantage to have fewer journeys made by driving; while there are plenty of ideas to achieve that AFAICS that is only "realistically" achievable by a raft of measures including increasing cycling (possibly including low-powered e-whatevers in that). Barring some kind of major social shift / diktats from an authoritarian cycle-favouring regime etc.
** Because of the Dutch approach to planning public spaces where there are people on foot the next most common mode encountered will be cycling. So effectively "cyclists are in the majority" in many places for pedestrians.
I dont think this has anything to do with Rishi, or the current governments position. Steve Bird has been writing these kinds of anti cycling and anti LTN hit pieces for the Telegraph going back at least the last 4 years, maybe even longer.
'Metropolitan Police Detective Sergeant Ropafadzo Bungo'
wow, what a name. I want that title.
imagine pulling that one out of the hat when asked;
'Name, sir?'
'Police Detective Sergeant Ropafadzo Bungo'
though this was a coroners inquest, so isnt about prosecuting anyone, simply determining cause of death.
Does anyone know why a careless cycling charge wasnt brought ? whilst we can debate speed limits and motor vehicles do worse till the end of time, hitting a pedestrian is surely slam dunk carelessness, and if the response is but they didnt have enough time to react, then the answer is surely to slow down.
If anyone was guilty of carelessness, it was the pedestrian who walked out on to the road directly in front of a cyclist.
On that basis all traffic should proceed at walking pace at all times to ensure that they have time to stop even if a pedestrian steps out when they are two metres away. Obviously we don't know the exact circumstances here but assuming that any time a cyclist, or indeed a motor vehicle, hits a pedestrian who stepped out in front of them it must indicate carelessness on the part of the cyclist or driver is nonsense.
I completely disagree. You're repeating the same arguments that were used to justify restrictions on pedestrians in the US in the 1920s when thousands were being killed every year by drivers.
The person responsible for the heavier/faster vehicle that hits someone else is ALWAYS responsible. If someone is capable of ''stepping out in front of" you, then you should slow down or at least, be ready to stop, in case they do.
As a large and heavy person who strides out when walking I have had people walk out in front of me from shop doorways without looking, some of these have been knocked over and suffered minor injuries but could have been more seriously hurt if they were unlucky. Are you seriously suggesting that I have to slow my walking pace for idiots who don't look where they are going?
Well ... would it hurt you to wear hi-vis and a tabard with your pedestrian licence number?
Maybe you could mount an amber warning light on your pedestrian helmet also? If it saves one life...
I won't even run lights on my bike unless visibility is poor, so hi-vis, helmet and tabard are completely out of the question, fair warning to everyone and his dog, look where you're going or I'll knock you down!
In principle, the heavier/faster vehicle should be responsible nearly all the time, but if a pedestrian steps out with only 2m space in front of a vehicle, it's not considered humanly possible to avoid them due to the thinking time involved if they are travelling at any normal speed.
By my calculations, a max speed of 3.5mph would be required to allow a stopping distance of 2m - doesn't seem practical to me when pedestrians can walk at 4mph.
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