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Two motorists who say they were blinded by sun acquitted of killing cyclist

Stan Coates was sitting on roadside waiting for ambulance when second vehicle struck him, causing fatal injuries

Two motorists who stood trial on charges of causing the death of a cyclist in October last year by careless driving have been cleared by a jury at Newcastle Crown Court, where they had said during their trial that they had been blinded by the sun.

Stan Coates, aged 55 and from West Herrington in Sunderland, was sitting injured at the roadside waiting for an ambulance after being struck by a car driven by 25-year-old Michael Elton when he was struck by a second vehicle and dragged along the road.

Despite two nurses who were passing by stopping to treat him for his injuries, he died in hospital the following day as a result of multiple injuries, reports the Sunderland Echo.

Both Elton, who was convicted on the less serious charge of careless driving, and the driver of the second vehicle, Edward Peverley, aged 21, denied causing death by careless driving.

After the trial, solicitor Philip Thompson, acting for the victim’s relatives, said: “The Coates family remains understandably devastated by the events of October 26 2012.

“The ongoing criminal case has meant the family has had to wait for two years to receive any information about how Mr Coates died.

“However, the Coates family are pleased to have had the opportunity to build a picture of the events that led to Mr Coates’ death and to fully understand what happened that day.

“Furthermore, Mrs Coats was not previously aware that two nurses had been passing at the time of the incident, and she is grateful for the relative comfort they were able to give her husband in his final moments.

“The family was also grateful to discover that the incident did not occur because of anything Mr Coates did – he was a completely blameless victim.

“Although nothing can bring Mr Coates back, we have been investigating the possibility of a civil claim for compensation,” he added.

Elton, who stayed at the scene, as did Mr Peverley, is due to be sentenced today.

The fatal incident took place on a road with a 60mph speed limit and the court heard that the drivers, both in Vauxhall Corsa cars, were travelling at respective speeds of around 50mph in Elton’s case, and below 40mph for the second vehicle.

During the trial, Elton told how he was giving his details to Mr Coates when the pair were struck by Mr Peverley’s car, and both motorists spoke of the effect of the sun, reports Chronicle Live.

“I was coming up the hill and the sun was facing directly towards me,” he said. "I couldn’t see anybody in the road until the last second. I basically heard a thud and saw something.

“I immediately braked and stopped and it was only when I got out of the car that I realised I had hit a cyclist. I went over to talk to him, he was conscious and talking and leaning on his bike at the side of the road.”

He called an ambulance for the cyclist, who said he had hurt his knee and wrist.

“We were there about 10 minutes following the accident, waiting for the ambulance,” the driver continued. “I was in the middle of writing down my details for the cyclist and the next I knew I was hit off something and thrown into the bushes.

“I could immediately hear the cyclist screaming in pain," he said. "I realised we had both been hit by another vehicle.”

In a statement, Mr Peverley said he had been unable to see either Elton or Mr Coates, although he did notice the other Astra, which had its hazard lights on.

“I started to slow down because of the car and because the sun was shining over the top of the hill,” he said. “I had the sun visor down but it was still difficult to see.

“As I continued driving I heard a noise and stopped. I looked in the rear view mirror and saw a man lying on the road.

“I got out of the car and noticed the other driver that had hit the man on the ground before me,” he added.

According to the AA, on average 3,900 people are injured each year and 28 killed in road traffic incidents in which motorists' vision being impaired by the sun is a factor.

Earlier this month, the organisation's president, Edmund King, said: "Many slower and more vulnerable road users - joggers, dog walkers, pedestrians, cyclists and horse riders - will be trying to take advantage of the last of the light evenings before the clocks go back. All road users need to be fully aware of the potential twilight dangers.

"Joggers, dog walkers, workers returning home on foot and other pedestrians walking with their backs to vehicles are almost twice as likely to be killed or seriously injured in road accidents."

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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22 comments

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michielh | 9 years ago
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It seems that the letter rather than the spirt is more important in the UK. Hate preachers can't be deported, criminals from whatever country can't be send back. Because the letter of the law.
I assume this person was not sitting in the middle of the road, so where was he sitting compared to the car driving?

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FluffyKittenofT... | 9 years ago
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Makes me want to see jury-vetting - where anyone who drives regularly is precluded from serving on a jury in such cases.

And what chance is there of getting more people to cycle when it's on such terms - that its regarded as normal that even if you do nothing at all wrong, you can still be randomly killed, just because there's a sun in the sky? Its like trying to promote Russian roulette.

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spen | 9 years ago
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Mr King misses the point, vulnerable road users don't have their backs to vehicles they have their backs to drivers who are all too often incompetent  14

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Airzound | 9 years ago
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Nothing changes does it? The slaughter continues.

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OldRidgeback | 9 years ago
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I was riding my motorbike earlier this week and came to a bend on a stretch of road I know well. Suddenly the sun was in my face and I could barely see, so I shut back on the throttle and slowed right down until the trees blocked the light and I could see again. I noted how many other vehicles didn't slow down though. I'm curious whether the drivers were able to see any better than me.

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thegibdog | 9 years ago
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Sickening.

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brooksby | 9 years ago
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If I am driving, and I find that the sun is shining so brightly and low that I cannot see properly ahead, then I slow down; I can honestly say that I have also, on occasion, pulled into a convenient bus stop (yes, I know! there wasn't a layby available) until I felt I could safely proceed. It's not rocket science. You DO NOT continue to merrily drive forward at even 40-50 mph instead of the 60 mph limit if you "...couldn’t see anybody in the road until the last second.". Or am I being an old fogey?

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jacknorell replied to brooksby | 9 years ago
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brooksby wrote:

If I am driving, and I find that the sun is shining so brightly and low that I cannot see properly ahead, then I slow down; I can honestly say that I have also, on occasion, pulled into a convenient bus stop (yes, I know! there wasn't a layby available) until I felt I could safely proceed. It's not rocket science. You DO NOT continue to merrily drive forward at even 40-50 mph instead of the 60 mph limit if you "...couldn’t see anybody in the road until the last second.". Or am I being an old fogey?

No, you're just one of the few people who know how to drive without endangering people.

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oldstrath | 9 years ago
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And Sir Edmund King, who is revered by people such as Carlton Reid, finally shows his true colours, with a comment that boils down to telling the victims its all their fault if some brainless thug drives into them because he can't understand not driving when unable to see.

Perhaps mr Reid will remove King's foreword from his book. But I doubt it.

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nniff | 9 years ago
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A colleague at work was knocked off his bike by a coach driver who pleaded that the sun was in his eyes. His bike was comprehensively smashed and he didn't fare much better

The courts were not sympathetic and threw the book at the coach driver (they were not blinded by the sun and it hit him where it hurt).

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bobinski | 9 years ago
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I nearly got taken out a few days ago on Railton road Brixton. Not by a car but a cyclist coming out from a left turn and across me as i approached at about 25mph. She couldn't see me because she was squinting into the low lying sun. I had my Dynamo light and a flashing front light too. And i was wearing a yellow top and a white helmet. I was invisible to her.

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Simmo72 | 9 years ago
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Fair comment, I thought the same.

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notfastenough | 9 years ago
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Two young lads in Vauxhall Corsas. Maybe I'm just cynical.

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chris75018 replied to notfastenough | 9 years ago
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.

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Simmo72 | 9 years ago
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I don't understand how if the second car saw the car how he then managed to hit the people, still driving too fast for the conditions?

I hate this time of year on the bike and avoid commuting because of the low sun especially in the evening. I do understand that sometimes the sun catches you out, as you come round a corner or a break in the trees, we've all been caught out by it, anyone who hasn't is lying or doesn't drive at that time of the day, but you have to drive according to the conditions. You wouldn't drive with such negligence if it were say icy or a heavy storm, there is no difference just because the obstacle is bright sunshine.

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KeepInPerspective | 9 years ago
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'Rule 126: Stopping Distances. Drive at a speed that will allow you to stop well within the distance you can see to be clear'

A final judgement is of course impossible to make in a thread like this, but it appears that not obeying the above Highway Code item was the issue. Both drivers were at fault and the second one appears to be directly responsible for causing death. I am not a lawyer so I cannot qualify that. In any case, I am convinced that most poor driving is ultimately intentional, not accidental. The path of the sun relative to the road is entirely predictable!

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bendertherobot | 9 years ago
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I can understand part of the verdict. The first driver did not cause the death. I have no idea why the CPS proceeded with that charge, but have not, of course, listened to the evidence.

In effect his actions were not sufficiently causative of the death.

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P3t3 | 9 years ago
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I simply cannot understand verdicts like this. When I am driving, if I can't see then I slow down until I can stop within the distance I can see.

I'm not one of the "stiffer sentences to protect cyclists band" but I don't get why carrying on at 40 mph completely blind doesn't count as at the very least careless driving, if not dangerous!?

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Saratoga | 9 years ago
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Non-impartial jury of motorists acquit a fellow motorist?

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SideBurn replied to Saratoga | 9 years ago
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Saratoga wrote:

Non-impartial jury of motorists acquit a fellow motorist?

Have a read of this;
http://www.exeterexpressandecho.co.uk/Van-driver-says-saw-lorry-death-cr...
"I didn't see the lorry because of the sun"
This guy was pulling out of a junction and in fourth gear, but according to him only doing 20 to 25mph  39
Not guilty by a jury of motorists

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Paul_C | 9 years ago
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Highway code says slow down AND if necessary stop... FFS... when will Juries get with the program?

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mrmo | 9 years ago
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FFS, you can't see.

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