December 9th, 2015
The national cycling charity the CTC has praised a judge for highlighting the way cyclists can be intimidated by larger vehicles on the road. The case concerns an elderly cyclist who was tailgated by a lorry driver who subsequently knocked him off his bike causing the cyclist to fracture his leg.
The case revealed that, according to the lorry driver, the 74 year old cyclist gesticulated at him as he let the lorry past which caused him to lose concentration and fall off however the incident was witnessed by another motorist who had also just been tailgated by the same lorry and could confirm the lorry driver caused the accident through his reckless driving.
The senior judge agreed with the cyclists version of events and declared:
“Every road user is entitled to use the roadway – it is not confined to those with an engine. Horse and bike riders have equal entitlement.”
“It can be very intimidating for riders to be tailgated in this way and to be overtaken at speed. A cyclist has no way out when a motorist pulls over and starts an altercation.”
The CTC’s response to the Judges comments were very positive. The Road Safety and Legal Campaigns Officer, said: “Judge Enright’s eminently sensible and accurate comments will be music to the ears of cyclists everywhere. We have recently highlighted two worrying cases involving coroners. One claimed a lorry driver would not have expected to see a cyclist on a trunk road, then another speculated that a driver’s failure to see the cyclist in daylight ‘may have been compounded by his clothing’.
“Clearly Judge Enright understands both, as his conclusions prove. While it is a pleasure to highlight this, it is a shame we’re having to do so purely because it seems to be the exception rather than the rule when it comes to legal hearings into incidents involving cyclists.”
This is yet more concerning news as this year there have been seven out of the eight cyclist deaths on London’s roads which involved HGV’s.
If you have been involved in a cycle accident, in the last three years, that wasn’t your fault then our team of cycle accident compensation solicitors can give you free and expert advice to establish whether you have a viable cycle accident claim. Call Cycleassist now on 01625 506 672 or complete our simple enquiry form.