Judge Drops Cycle Death Case

R+P+K · *by **R+P+K** on Thu 2nd Feb 3:53pm*

http://www.stuff.co.nz/national/crime/6 ... death-case

Glenn Becker had pleaded not guilty to careless use of a motor vehicle causing the death of 27-year-old cyclist Jane Bishop in November 2010 on Auckland's Tamaki Drive.

Just before 3pm today, the judge said Becker had taken reasonable care when getting out of the car and could not be accused of carelessness.

chuckie34 · *by **chuckie34** on Thu 2nd Feb 5:20pm*

bullshit!

speeding_ant · *by **speeding_ant** on Thu 2nd Feb 5:33pm*

Did the truck run into the cyclist in this particular case?

Either way, there sure seems to be a lot of cyclist deaths that aren't getting proper attention from the courts. We're cannon fodder now boys'n'girls...

danose · *by **danose** on Thu 2nd Feb 5:50pm*

speeding_ant wrote:Did the truck run into the cyclist in this particular case?

yep - driver opened door and had actually exited the vehicle, rider hit him and the door and fell off into traffic (under the wheels of a slow moving truck). So I have to say that in this case the dismissing of charges is probably appropriate - would have been totally different if he'd opened the door into her knocking her under the truck. There was no evidence to prove his actions directly caused the death (defence argument would be that he took due care and the rider ran into him)

Crashed · *by **Crashed** on Thu 2nd Feb 6:05pm*

So he was just standing around in the traffic ? at the narrowest part of the road with traffic bearing down on him.... obstructing traffic ... Or it's only a cyclist that can't hurt me ,she will ride around me I can alway's use the old I didn't see you defence that works a charm

speeding_ant · *by **speeding_ant** on Thu 2nd Feb 6:06pm*

You have to wonder how much room the truck gave the cyclist, knowing that they (the cyclist) would be passing a car. Presuming that was bought up in the case? I can't see a meaningful mention of the truck driver in that article.

It's a sad circumstance indeed.

neels · *by **neels** on Thu 2nd Feb 6:21pm*

Crashed wrote:So he was just standing around in the traffic ? at the narrowest part of the road with traffic bearing down on him.... obstructing traffic ... Or it's only a cyclist that can't hurt me ,she will ride around me I can alway's use the old I didn't see you defence that works a charm

Or alternatively, he was parking in a legal parking space on a bend, there was no cyclist in his mirror when he opened the door and got out, and the cyclist came around the bend and hit him and his car door. Being able to stop in the length of visible road in front of you applies to cyclists too.

speeding_ant wrote:You have to wonder how much room the truck gave the cyclist, knowing that they (the cyclist) would be passing a car. Presuming that was bought up in the case? I can't see a meaningful mention of the truck driver in that article.

Obviously not enough, but if I've figured out correctly on google maps where this happened there wouldn't have been too many options....

Let's not forget someone is dead here, and that sucks for everybody involved...

znomit · *by **znomit** on Thu 2nd Feb 6:36pm*

speeding_ant wrote:You have to wonder how much room the truck gave the cyclist ...

He never saw her.
From yesterday:
He said he was driving at about walking pace when he hit Bishop, and he didn't see her in his mirrors.
http://www.stuff.co.nz/auckland/local-n ... sses-court

Really Interesting bit from that:
Judge Phil Gittos questioned Brosnahan and Thompson about whether opening a car door could be considered "using" a motor vehicle.
Which sounds like a little bit of prompting from the Judge.

Crashed · *by **Crashed** on Thu 2nd Feb 6:43pm*

,If he drove along Tamaki Drive and parked on the corner just past Kelly Tarltons he must of overtaken her so he would have seen her and known that there was a cyclist heading his way . She would have been on Tamaki Dr right form town so he must of passed her at some point .
Looking in your rear mirror at that part of the road you would only see a building behind you ,if you looked out your drivers door window and back a little you would see the traffic coming into the corner and he may of seen her.

neels · *by **neels** on Thu 2nd Feb 6:47pm*

Crashed wrote:and he may of seen her.

And that probably sums it up.

Kiwicyclo · *by **Kiwicyclo** on Thu 2nd Feb 7:54pm*

Interesting case . . . does the 1.5 m work both ways? Should the cyclist have passed 1.5 mtrs away from the parked car?

My worst nightmare is collecting the end of a partly / full open car door.

Share the road!

Just another reason to ride well away from where cars frequent. Having lived in Auckland in the 2000's Tamaki Drive sucked then, why would you want to ride down there anyway? Unless you lived that way and choose to commute.

It is about defensive riding, I know we should not have to but it is a must these days.

znomit · *by **znomit** on Thu 2nd Feb 8:31pm*

More from the Herald:
http://www.nzherald.co.nz/nz/news/artic ... d=10782941

Judge Gittos said the police had failed to prove that Mr Becker was at fault when he parked and got out of his car to go fishing.

"He did all he could do in the circumstances, short of getting out on the passenger side.''

Judge Gittos said Mr Becker took the "proper steps'' of looking behind him and Ms Bishop could have been hidden by other parked cars or the the large tip truck which eventually ran over her.

He said Ms Bishop may also have not seen Mr Becker.

"Essentially, her action of applying the brakes suddenly caused her to lose control and fall with such tragic consequences.''

He said cyclists were subject to the same road rules as cars and should not overtake cars on the left, although it was common.

"The practice presents hazards to cyclists and persons getting in and out of vehicles.''

He said Mr Becker was aware of potential hazards and that could be seen by the way he opened his door only part of the way and slid out of his car.

From Stuff:
http://www.stuff.co.nz/national/crime/6 ... death-case
The judge said the police's expert witness had told the court Becker should only have got out of the car if he was continually checking behind him.

"With all respect to the officer I do not see how it is possible for him to have done that given he was in the driver's seat looking forward," he said.

Simonius_Titius · *by **Simonius_Titius** on Fri 3rd Feb 2:30am*

znomit wrote:More from the Herald:
http://www.nzherald.co.nz/nz/news/artic ... d=10782941

Judge Gittos said the police had failed to prove that Mr Becker was at fault when he parked and got out of his car to go fishing.

"He did all he could do in the circumstances, short of getting out on the passenger side.''

From Stuff:
http://www.stuff.co.nz/national/crime/6 ... death-case
[i]The judge said the police's expert witness had told the court Becker should only have got out of the car if he was continually checking behind him.

"With all respect to the officer I do not see how it is possible for him to have done that given he was in the driver's seat looking forward," he said.

With all respect to Judge Gittos, WTF?
Turn your torso & head to look over your shoulder. Find that the view is obscured by the car behind. Check the wing mirror again.
Open the door enough for a quick peek without putting a foot out.
Exit car while looking backwards continuously until an "all-clear" view has been obtained.

EoinC · *by **EoinC** on Fri 3rd Feb 2:41am*

chuckie34 wrote:bullshit!

There are times when it is not necessarily the motorist's fault. Dooring is where the car door is opened unexpectedly in front of the cyclist. If he was outside of the car at the time she swerved around him, perhaps she wasn't paying adequate attention to what was in front of her. That doesn't make her death any better, but you may want to consider it before assuming who was to blame.

Conners · *by **Conners** on Fri 3rd Feb 8:19am*

EoinC wrote:
chuckie34 wrote:bullshit!

There are times when it is not necessarily the motorist's fault. Dooring is where the car door is opened unexpectedly in front of the cyclist. If he was outside of the car at the time she swerved around him, perhaps she wasn't paying adequate attention to what was in front of her. That doesn't make her death any better, but you may want to consider it before assuming who was to blame.

I concur with the sentiments of this post 100%

I also feel for the truck driver in this case

Judge Drops Cycle Death Case

Who is online

VORB SUPPORTERS