Talkback: SMIDSY biker killer cleared

parablob

03/07/2012 at 10:49

the laws an arse

Pagik

03/07/2012 at 10:50

Sorry mate, I didn't see you...........prick. I hope he's haunted by this.

John Quick

03/07/2012 at 11:09

So does this judgement mean that Sorry i didn,t see you is now a legal getoff free precedent if so it is disgraceful.

Maverick Renegade

03/07/2012 at 11:43

Seriously though, when was "sorry I didn't see you" an acceptable reason for getting off scot free?

If he didn't see him, he wasn't looking hard enough - ergo was being careless. "Causing death by careless driving".....!!!!!!!!!!!!!

If the driver was injured, maybe he can sue the widowed family for allowing the guy to have a motorbike in the first place?

What is wrong with the world???!!!

stephen scrogham

03/07/2012 at 11:51

so he should of had his eyes tested at least ?

eddypeck

03/07/2012 at 12:18

So in theory "Sorry office I didn't see the 40 sign" should be a valid and acceptable reply!

Szmolo

03/07/2012 at 12:35

I wonder what the courts would say if I started driving around Foxton, on the look out for his Jaguar XF, and then plow into the drivers side door at full pelt to see how he likes it.

After all, I wouldn't get in trouble, I didn't see him...

Szmolo

03/07/2012 at 12:38

Maverick - As far as my very limited knowledge on the law goes, I believe the claim is that if you didn't see the vehicle, then you aren't able to stop for it. Once a case hears this defence and is cleared, it sets a legal precedent that can be used by others in their defence.

All it amounts to is that anyone can kill a biker and get away with it.

MKJ

03/07/2012 at 12:41

"I didn’t see him" is an admittance of careless driving / driving without due care and attention..! On this statement alone the judge should have directed the jury that the only option was to convict.

Good point eddypec does this set a precedent for other motoring offences..??? Good luck trying it the next time you're rolled by the Peelers.

Kerry Moralee

03/07/2012 at 12:51

If any of you fired a gun into the woods, and killed a rambler that you "didn't see" you'd still be prosecuted.

Whilst you are in control of any vehicle, you are being responsible for possibly the biggest weapon most of us will ever get our hands on. Surely there must be some accountability for the guy pulling the trigger?

World gone mad.

Lushman

03/07/2012 at 13:06

I had a van pull in front of me today while he was going through a red light today, but it was ok as He didn't see me!! or the traffic light or the cars that had stopped in the lane next to him.

I really think the current legislation is really taking the p1ss.

Lushman

03/07/2012 at 13:11

forgot to mention
He probably got away with it cause he was driving a Jaaagg!!

IrishRob

03/07/2012 at 13:27

Is there more to this story than is written above? If the motorcyclist was doing well in excess of the speed limit then 'smidsy' is a perfectly valid excuse.

IrishRob

03/07/2012 at 13:28

Note: I said 'If'.

mobus

03/07/2012 at 13:46

This was from Horncastle News and doesn't mention anything about speeding.
'But a jury at Lincoln Crown Court cleared Mr MacIntyre of causing Mr Blackburn’s death by careless driving after hearing he simply did not see the motorbike coming because of the sun which he described as “low and blinding.”'

Like everyone else has already said. Not being able too see something and pulling out anyway means careless driving surely?!.
Just exactly what kind of half brained morons where on the jury?

How this can even be called justice is beyond me and personally i think its F**king disgusting.

Joes Dad

03/07/2012 at 14:02

IrishRob if I am driving my JCB and I pull out of a junction in front of Mr MacIntyre and he was driving well in excess of the speed limit and the unfortunate Mr MacIntyre was to break his neck could I, according to your theory, claim SMIDSY as a "perfectly valid excuse".
Myself and a few hundred bikers are awaiting your reply.

User 86292

03/07/2012 at 14:16

This judgement puts the onus on the biker to take extra care (as if we didn't already know it). So in response we should perhaps slow to 10mph every time we go past a junction where there is a car sat waiting to pull out. Can you imagine the road rage that would ensue as the guy in the car behind us keeps having to slow down. It would not be long before the car behind pulled out and slapped into the car that had pulled out "because he did see the bike or the car!

The only way to address such prejudice is to force everyone (including judges) to ride a motorbike for at least 1 year as their only mode of transport!

IrishRob

03/07/2012 at 14:23

If you were in your JCB and I was driving at speed towards the junction then I would be thinking:

Make eye contact with the driver
Slow down for the junction
Watch the front wheels for movement
Plan an escape route

If I didn't do any of these and you still pulled out in front of me causing a collision then the responsibility would be mine.

The very first thing you should learn especially on a bike is that 'blame' is utterly meaningless as it doesn't serve too well as a painkiller. What is truly dangerous is to expect all drivers to have perfect driving skills and 100% concentration all of the time.

Mobus - Your extra information certainly points the finger at the car driver. My concern is that so many people here were quick to jump on the blame game, presumably without this extra information.

IrishRob

03/07/2012 at 14:27

"The only way to address such prejudice is to force everyone (including judges) to ride a motorbike for at least 1 year as their only mode of transport" - Not exactly realistic is it?

Rob Boulton

03/07/2012 at 14:49

This is a disgrace! He should have ATLEAST had his license revoked. If you say, 'I didn't see him', then you were obviously not driving with due care and attention. I'd put good money on it that he came straight out of that junction without looking. It's happened to all of us at some point.

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