Home
“I’m kind of pissed off that the cyclist has hit the side of my car”

“I just don’t care because I’ve already been through a lot of bullshit and my car is like pretty expensive and now I have to fix it,” an Australian driver told police when she was questioned about a collision that resulted in a cyclist suffering severe injuries including a fractured spine.

“I’m kind of pissed off that the cyclist has hit the side of my car. I don’t agree that people texting and driving could hit a cyclist. I wasn’t on my phone when I hit the cyclist”, 21 year old Kimberly Davis said when interviewed by police in the Australian state of Victoria about the collision.

Her trial was told that Davis - who was driving on a provisional licence - had exchanged 22 text messages during her journey before hitting the cyclist and had used her phone 44 times in all. She originally faced 47 charges with one charge for every use of her phone. 

It later emerged that between the time of the incident and this week's court hearing Davis was caught drink driving, registering a blood alcohol content reading of .07.

The 21-year old had been driving her friends to a local night club, and defense counsel Tony Robinson said that she had decided to drive because she was going to lose her license anyway.

After her collision with the cyclist Davis proceeded to drive on for 100 metres before pulling her car over to report the incident to the police.

She did not offer the cylist any assistance the court was told she remained in her car until the police arrived.

The 21 year old was fined $4500 by Warrnambool Magistrates Court and also had her Australian provisional license rescinded for nine months, after pleading guilty.

Magistrate John Lesser highlighted the great community significance of drivers using mobile telephones, while noting that Davis’ comments to the police were poorly put.

The wife of the injured cyclist - who was at the hearing told The Standard she was disappointed that Davis was not banned for longer.

Elliot joined team road.cc bright eyed, bushy tailed, and straight out of university.

Raised in front of cathode ray tube screens bearing the images of Miguel Indurain and Lance Armstrong, Elliot's always had cycling in his veins.
His balance was found on a Y-framed mountain bike around South London suburbs in the 90s, while his first taste of freedom came when he claimed his father's Giant hybrid as his own at age 16.

When Elliot's not writing for road.cc about two-wheeled sustainable transportation, he's focussing on business sustainability and the challenges facing our planet in the years to come.

31 comments

Avatar
carlosjenno [44 posts] 3 years ago
0 likes

What a thoroughly despicable human being. Vermin. Just vermin.

Avatar
kie7077 [933 posts] 3 years ago
0 likes

She's clearly shown that she doesn't give a sh*t about endangering anyone's lives on the road but they're going to give her license back anyway.

Unf*cking believable.

Avatar
jmaccelari [252 posts] 3 years ago
0 likes

It's amazing how many of these people are out there.

Avatar
Belaroo [44 posts] 3 years ago
0 likes

If she'd have hit my husband, I'd have blinded her, no more texting or driving. Shame she'd still be able to talk.

Avatar
Gordy748 [110 posts] 3 years ago
0 likes

I love Aussies! It must be the high-octane mix of low IQ and inability to recognize the consequence of action.

(Which is why I emigrated away)

Avatar
Joeinpoole [445 posts] 3 years ago
0 likes

It gets worse ...

"Defence counsel Tony Robinson said that in the time between the accident and this week’s court hearing Ms Davis was caught drink-driving (.07) and received an infringement notice when she drove her friends to the Gallery nightclub in Warrnambool.

He said she decided to drive that night because she thought she was going to lose her licence anyway because of the collision with the rider."

http://www.standard.net.au/story/2225030/support-flows-for-texting-crash...

Avatar
tourdelound [169 posts] 3 years ago
0 likes

"The wife of the injured cyclist - who was at the hearing told The Standard she was disappointed that Davis was not banned for longer."

I'm disappointed that Davis was not banned for life.  102

Avatar
movingtarget [144 posts] 3 years ago
0 likes

One can only hope that karma is real and she will be reincarnated as a rock on a horse manure farm. I usually try to see things from the other perspective but she's not making it easy. What a thoroughly unpleasant, narcissistic person. Hope the rider makes a full recovery but with a spine injury that's really difficult. I feel pretty down now.

Avatar
Kay Douglas [2 posts] 3 years ago
0 likes

She should be condemned to walk the prison yard for life.

Avatar
mr-andrew [300 posts] 3 years ago
0 likes

Someone should get her in touch with Emma Way - I'm sure they'd have loads to chat about

Avatar
Joelsim [1975 posts] 3 years ago
0 likes

I think prison is the only choice for twats like this.

Avatar
horizontal dropout [299 posts] 3 years ago
0 likes

Judging by the comments on the original article a lot of people see Aussie sentencing standards as too lenient, same as here.

Avatar
antigee [453 posts] 3 years ago
0 likes

"Judging by the comments on the original article a lot of people see Aussie sentencing standards as too lenient, same as here."

been living in Victoria for a couple of years now and the thing that surprises me about this case is that the police investigated the collision and the link to texting and the driver was prosecuted rather than just wrote it off as cyclist in the wrong place

Avatar
vbvb [621 posts] 3 years ago
0 likes

For those of us in the UK, there's comfort in the idea that road.cc had to go right to the opposite end of the earth to find this idiot driver story and, hopefully, it indicates that, today at least, there's no worse behaviour between here and there!

How half full is that glass, it's almost at three quarters, brilliant!  36

Avatar
sunburnt [6 posts] 3 years ago
0 likes

I live and ride in the same town as this girl.

I say town, there is less than 3,000 of us.

To say the least, I am not overly enthused about riding on the same road as her in nine months time.

Saying that the general community here is outraged.

However a certain class (read sub-class) of people like her don't give a shit about anyone else.

I think she should have been banned for 9 years.

When she was caught drink driving she should have been banned for life.

Avatar
Sub5orange [107 posts] 3 years ago
0 likes

Scary how many idiots are using their mobile phones whilst driving and are not in control of them or not fully aware of their environment. If they hit pedestrians or cyclists the latter have no chance. Saying that when I last cycled to work I had two near collisions with some chavs that we're using their mobile phones whilst cycling.

Avatar
jason.timothy.jones [293 posts] 3 years ago
0 likes
Gordy748 wrote:

I love Aussies! It must be the high-octane mix of low IQ and inability to recognize the consequence of action.

(Which is why I emigrated away)

Oh come on, thats a bold statement, thats just like saying all cyclist run red lights, I think the correct statement should be ... I love Victorians! It must be the high-octane mix of low IQ and inability to recognize the consequence of action.....

Oh wait, im Victorian....perhaps that why I emirgrated too  24

Avatar
md6 [181 posts] 3 years ago
0 likes
jason.timothy.jones wrote:
Gordy748 wrote:

I love Aussies! It must be the high-octane mix of low IQ and inability to recognize the consequence of action.

(Which is why I emigrated away)

Oh come on, thats a bold statement, thats just like saying all cyclist run red lights, I think the correct statement should be ... I love Victorians! It must be the high-octane mix of low IQ and inability to recognize the consequence of action.....

Oh wait, im Victorian....perhaps that why I emirgrated too  24

Hang on a minute. I lived in Victoria for a little while and i think that yo...oh no as you were  21

Avatar
oliverjames [53 posts] 3 years ago
0 likes

Society's response to this incident is shameful. Moreover I note that when cycling around my home area of the Leman Basin, France / Switzerland, I frequently see people driving with a mobile phone held to their ear. It's illegal but clearly the prosecutions are not frequent enough or sufficiently costly to deter the wrong-doers.

Avatar
Tovarishch [59 posts] 3 years ago
0 likes

It's the ones surfing the internet on their iPads that pi55 me off (a regular occurrence in Moscow)

Avatar
nivagh [58 posts] 3 years ago
0 likes

Oh my. This story only gets worse.
As a start, her ban should begin now, and count nine months from when the cyclist has made a full recovery.
And if he doesn't recover, well then, she never gets her license back. I maybe she should become his (minimum wage paid) personal chauffeur.
There's no link in the sentencing between the seriousness of what she did, her total lack of contrition, and the fact that she's clearly a danger to any road user, pedestrian, animal, inanimate objects...  102

Avatar
jellysticks [95 posts] 3 years ago
0 likes

What a c*nt she must be. Miserable sentence, reasonable fine though.

Avatar
jason.timothy.jones [293 posts] 3 years ago
0 likes
md6 wrote:
jason.timothy.jones wrote:
Gordy748 wrote:

I love Aussies! It must be the high-octane mix of low IQ and inability to recognize the consequence of action.

(Which is why I emigrated away)

Oh come on, thats a bold statement, thats just like saying all cyclist run red lights, I think the correct statement should be ... I love Victorians! It must be the high-octane mix of low IQ and inability to recognize the consequence of action.....

Oh wait, im Victorian....perhaps that why I emirgrated too  24

Hang on a minute. I lived in Victoria for a little while and i think that yo...oh no as you were  21

And Warrnambool is where the ferals go for holidays

Avatar
paulfg42 [392 posts] 3 years ago
0 likes

Not just in the UK where sentencing does not reflect the seriousness of the offence then,  14

Avatar
brooksby [2710 posts] 3 years ago
0 likes
mr-andrew wrote:

Someone should get her in touch with Emma Way - I'm sure they'd have loads to chat about

This woman's behaviour actually makes Emma Way's actions look (slightly) less worse.

And the bit another commentor has drawn attention to, that this woman then drunk-drove after being arrested and before the court case, because she allegedly knew she was going to lose her licence so what did it matter?  102 The judge should have banned her for life - "No driving for you. Ever."

Avatar
IHphoto [119 posts] 3 years ago
0 likes

Purely evil criminal mentality at its worst. I suspect she might have other convictions or will have if she doesn't change her behaviour and attitude.

Avatar
bikeylikey [228 posts] 3 years ago
0 likes

She has the symptoms of narcissistic personality disorder. Or maybe brain damage. Or just unbelievably stupid and selfish. She should be in a mental hospital. She should certainly at the very least be banned from driving forever. She is a danger to the public.

Avatar
zagatosam [59 posts] 3 years ago
0 likes
Joeinpoole wrote:

It gets worse ...

"Defence counsel Tony Robinson said that in the time between the accident and this week’s court hearing Ms Davis was caught drink-driving (.07) and received an infringement notice when she drove her friends to the Gallery nightclub in Warrnambool.

He said she decided to drive that night because she thought she was going to lose her licence anyway because of the collision with the rider."

http://www.standard.net.au/story/2225030/support-flows-for-texting-crash...

My God! She's got Baldrick defending her!!! Maybe he has a cunning plan to get her off?

Avatar
FluffyKittenofT... [1892 posts] 3 years ago
0 likes
kie7077 wrote:

The two cyclists he hit were on a footpath and wearing helmets when he ploughed into them.

Of course if they weren't wearing helmets then it would have been their fault if they died  14 (sarc)

I suppose that's another argument against cycling on the footpath - it still doesn't keep you safe from motorists.

Though it seems as if there are few places, short of an aircraft in flight, where you _are_ safe from maniac drivers (see the 'car crashes through wall of house' stories)

PS - posted this on the wrong 'killer driver' thread. But the point remains.

Avatar
benb [81 posts] 3 years ago
0 likes
Quote:

defense counsel Tony Robinson said that she had decided to drive because she was going to lose her license anyway

That's a defence?

Pages