Equipment and On Road Behaviour, Laws and Rules. Cycling Promotion and Advocacy
After what just happened in Sydney on the weekend.
That motorist should be locked up for at least five years. But they will get a slap on the wrists instead. How that isn't attempted murder I don't know. I've always believed that the law allows you to kill and injure with a car with near impunity. I hope the cyclist recovers quickly.
Last edited by biker jk on Mon Mar 17, 2014 3:19 pm, edited 1 time in total.
That is sickening to watch. What the hell is wrong with drivers to not see this person directly in front of them?
2011 Kona Dew Plus (commuter)
2012 Focus Cayo 2.0 (road)
Driver will claim they were distracted or some other excuse to claim it was not deliberate and will receive a TIN only
It's clear the hit was deliberate given the stopping distance of the car, but we all know what will happen.....nothing.
That is unbelievable.... Like many here, I take a lane where appropriate because a sane person would never just run you down, right? Clearly malicious and I can't see how they could argue your way out of incarceration... surely?
I suppose we will have someone come along and say we should wait for the facts before making judgement. : O
To my biased eyes the white hatch is a fault just as any other vehicle to vehicle rear-ender. Whether she was distracted by checking her mirrors is not material to the offence of tail-gating.
I bet she gets off with a paltry fine.
I think what's most likely was, the Audi driver was pre-occupied with finding a slot to change lane and over take the cyclist that he/she stopped watching the cyclist in front, until the contact was made.
Inexcusable but also happens b/n car to car.
Bianchi, Ridley, Montague, GT, Garmin and All things Apple
Look in moron motorists #3, starting about 10am today, extended version of the footage - the Audi was stopped behind the bike at the lights, takes off slowly for a distance, then appears to floor it into the cyclist.
Yes there's no excuse but unfortunately we have cyclists in the MM thread making every excuse for the motorist. Appalling.
My point was, the video in the smh, linked above, has been cut so it looks like "it could be a simple overtake gone wrong" when that is not the case at all, ant the longer video on MM shows so much more
I understood your point which is why I said "there's no excuse". Go to MM where a few posters are making excuses for the motorist.
Just showed that video to my wife and her comments were firstly "Was the cyclist killed?" and about the driver "She should be going to gaol". Emphatic that the driver hit that cyclist deliberately - charge of assault and loss of licence for life.
Riding bikes in traffic - what seems dangerous is usually safe; what seems safe is often more dangerous.
For people hoping of jail time... you obviously don't know the QLD system.
Unless the driver ends up having been proven to be on drugs or drinking, they basically have zero chance of getting done for dangerous driving.
This will probably end up with nothing more than a fine. There is no way to prove the intent. You have to remember that the whole system, from police all the way through to Juries, are non cyclists. And they will see the cyclist like they see a car, and treat this has a tiny minor rear-end, and blame the cyclists for taking the risk of being on the road in the first place. The car will simply be at fault for accidentally not leaving enough space. All the driver has to do is claim they honestly thought it was a safe distance.
I don't know of a single case of jail time for a cyclist hit in QLD (apart from driver on drugs or drinking).
Also I may be wrong but it was a girl who was hit and she is only 17?
While I refuse to believe that this was a deliberate hit, I can not see how someone with such poor driving skills can be allowed to share the roads with the rest of society. A gaol term would be preferable or at least a substantial loss of license but I think as most have alluded to here, a fine will probably be the outcome.
Giant TCR Advanced 1 (2014)
Malvern Star XCS 5.0 MTB (2012)
Malvern Star Path Racer 1 (2015)
There have been at least two in the last 10 years. Here are a couple of reported decisions that I found in an idle moment:
R v Hardes  QCA 47
R v. Vance ; ex parte A-G (Qld)  QCA 269
Bear in mind that these are cases that have been the subject of an appeal; there are probably others that weren't. Nor is this an exhaustive search, just a quick browse of AustLII.
There are serious problems with community attitudes, and you can find plenty of court cases that reflect this, but let's keep things in perspective.
This is the best thing I've heard on this whole sodding incident.
...whatever the road rules, self-preservation is the absolute priority for a cyclist when mixing it with motorised traffic.
London Boy 29/12/2011
Let's not make it up. It may be many things but it is not flooring it.
Indeed the speeds are sufficiently matched that, at worst, it could have been a driver trying to intimidate the rider to make a point. ("Get out of my!" "Get on the footpath!" "grrrrr", etc.)
Or, as someone else suggested, driver (following too close) checking blind spot for a lane change. The driver who took the video stated that he backed of in expectation of such a maneuvre.
But certainly not flooring it.
To those seeing it as deliberate, we see similar incidents with cars rear ending other cars in traffic but we don't so readily claim those as deliberate. At those relative speeds it would be better described as a nudge. But unlike rear-ending a car, a nudge to a cyclist's rear wheel would often be fatal. Hence a need to treat this matter far more seriously. Going on Queenslands recent (media) record, that doesn't seem likely.
The outcome of this seems a miracle. Now we just wait for a miracle in the courts of Queensland.
Unchain yourself-Ride a unicycle
Absolutely. See my post from earlier this month "Hit and Run - much damage to man (me) and machine" in this forum about my incident in Jan this year.
Speaking to a Balmain cop mate of mine about the situation, the extent of the damage to my wrist etc. They can go one of two ways:
1. Fail to exchange (hit and run), Fail to Stop, and a few others. Worth around $1500 in fines. or
2. Grievous Bodily Harm which carries 5 - 7 years.
So far I've spent over $5000 on medical expenses, been off work for six weeks (as a contractor I don't get paid) and my $3500 bike is gathering dust and in need of new parts.
Send them to jail. See how they like the radical life change that hitting someone brings to the victim.
I'm at a loss.
Good to see some sense here.. People on this forum are always so quick to attribute malice and harmful intent to everything that motorists do.
This was a terrible incident and I am glad to hear that the cyclist is OK, but from what has been said with regard to the driver stopping and assisting the rider etc etc I am certain that they had no intention to harm or likely even intimidate the cyclist. The motorist made a series of stupid mistakes for which they need to be penalised appropriately, but likening this to attempted murder is silly.
Well said. Great to see some sensible, thought through commentary instead of shooting from the hip!
Great to hear/read the chap is, under the circumstances, ok.
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