A pharmaceutical industry consultant has been cleared of causing death by careless driving after she hit a cyclist while overtaking on a bend.
Dr Helen Measures, 51, was overtaking two other cyclists and on the wrong side of the road when she hit Denisa Perinova, 21 on the A415 near Henley-on-Thames on July 15 last year.
The court heard that Ms Perinova was riding with her boyfriend, Ben Pontin, and lost control of her bike when she saw Dr Measures’ Mini heading toward them.
Dr Measures’ car hit Ms Perinova at up to 50mph, flinging her 15 yards into the entrance of a nearby field.
Mr Pontin said he saw Dr Measures make a “stupid manoeuvre” on a curve in the road, leaving him just a “tiny gap”. He felt his girlfriend’s wheels touch his bike and when he looked round she had been hurled into the entrance of a field.
“I just couldn’t believe the person driving had overtaken at that point,” he said.
Ms Perinova’s helmet was smashed. She was taken to Royal Berkshire Hospital in Reading and later transferred to a specialist neurological unit at the John Radcliffe Hospital in Oxford. She died a week later from her injuries.
It was her first ride on a bike that Mr Pontin had recently bought her.
"I would expect cyclists to remain upright"
During the trial Dr Measures claimed that Ms Perinova had fallen into her path. Sandra Beck, prosecuting asked her, “You are relying on other road users avoiding you when you are on their side of the road?”
“I can’t help it if a cyclist, with all due respect, falls over as I’m approaching them and comes into my line of travel,” Dr Measures said. “I would expect cyclists to generally remain upright as the first cyclist did.
“You do not make a manoeuvre if you don’t think it is safe to do so. Had everyone stayed upright, there would not have been an issue,” she said.
Dr Measures admitted she had not seen the oncoming riders as she decided there was “sufficient room” to slow down and pass.
She said she was “surprised” to see Mr Pontin and Ms Perinova coming toward her as came round the bend at 40 to 50mph, but felt they had room to get past.
“I had to make a decision of what to do. I felt the safest decision was to continue straight ahead because they were in single file. If I had been concerned, I would have stopped suddenly.”
The jury deliberated for three hours before returning a ‘not guilty’ verdict.
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103 comments
Yep. Clearly visible on linkedin.
The same, or worse, happens in Spain with law regarding weak users (cyclists) versus strong users (car drivers). I can't believe this is also happening in UK with no social reaction. Society should claim their right to use public roads as well as their right to live when using them.
My theory is that (maybe for both countries) car/truck and petroleum industries have huge influence into government so anything that may affect to their economy is avoided. For instance, if law is enforced, many people will not buy powerful/expensive cars because they will not need/use so much horsepower.
The legal system doesn't appear to work.
"If I had been concerned, I would have stopped suddenly.”
think that says it all myself - makes a not very rational change from the "guilt will always be with me" defence
seems to have echoes of case in Queensland Au where a cement truck driver was acquitted after running down a young man, Richard Pollett, - his defence was he believed the manoeuvre was safe
Genuinely terrifying.
.......
I guess the only solution is to slash every cars tyres in an act of self defence.
.....
She's actually managed a successful Lance Armstrong defence.
"I've done nothing wrong. Oh, and by the way, Cancer."
on a more constructive note, i have now emailed a complaint about the conviction!
" "
The concerning bit for me is the 'I thought it was safe' line (paraphrased).
Road fatalities (short definition is within 30 days of accident) have been falling no doubt (so the politicians can get up and tell how much safer we are), but its the car occupant fatalities which make up most of the reduction.
http://charts.dft.gov.uk/dft-business-plan/indicators/#05
I'd suggest that if you feel safer (as a driver) you're more likely to take more 'risks', and as always it's the more vulnerable road user that pays the price.
CSV data here: https://www.gov.uk/government/publications/annual-road-fatalities
It's only stats but you've got to go on something.
so where next!
Probably nowhere, she has the "law" on her side and i imagine only a civil case will get anywhere. Absolutely disgusting result, there is no hope in this country whilst decisions like that are made.
That was quick! Good job mrmo. Government Petitions online maybe?
http://epetitions.direct.gov.uk
But then would it be a case specific petition or take a wider view. In which case what would the wider view be? Improved driving test (easy for me to say without defining it), diving refreshers (annually, bi-annually, again east for me to say)? I don't know.
I'm on a deadline today and I've spent far too long reading up on this case and the more general stats. In other words I'm saying I'm too busy to do anything more about it. Aren't the majority? Therein lies a big part of the problem.
Digusting.
I don't know this, but gut feeling, the roads aren't safer, they are actually more dangerous, but non drivers have given up the fight.
What the stats are not showing is that people who would cycle and would walk are too scared to do so. You can't kill what isn't there!
written email to DoT now, suspect i won't get a worthwhile reply. But i think it is upto everyone to make it clear that killing by negligence and disregard of the law is not acceptable. Whether with a gun or a car it makes no difference.
My understanding of the Dutch situation was that the people had enough and forced the politicians to change. It has to start somewhere in the UK!
"If I had been concerned, I would have stopped suddenly."
Even allowing for ABS, at '40-50' around a corner - which presumably was too short to see all the way around - I find it difficult to believe that would have made any difference.
The jury, rather than the law, is an ass (and that's putting it politely)
dear god, why didn't this idiot just WAIT until after the bend? You do NOT overtake anything on a bend.
Disgusting irresponsible driving ....
Can anyone explain something to me, i know it is for the jury to make a decision, but i thought the judge tended to guide the jury?
Is this right or wrong?
We obviously have 12 people here who feel that overtaking on a bend is acceptable, i could argue that we have 12 people who should be immediately stripped of their driving licences!
I have not read all the replies here, so I may be missing something.
The failure to convict is likely to be the fault of a gullible jury influenced by a smart barrister.
It may be the fault of the investigating officers and the prosecutor failing to present the evidence well enough, though I doubt it.
What this is definitely is an absolute tragedy.
It seems to me that juries can be made up entirely of motorists, but there would be outcry if one were to consist only of cyclists. There must be some balance, somewhere. How that is to be achieved, whilst still retaining the principles of justice and the being innocent until proven guilty, is beyond me and probably most of us.
Right. I would mind reading what Cycling Silk might have to say about this case.
I guess I'm clinging to the faint hope that the prosecution bungled somehow, rather than the alternative that a random sample of the public are evil cretins.
Two points come to mind on this:
1. If it had been another car instead of a bicycle and they swerved to avoid a collision and were killed would the defendant have got off? I doubt it.
2. I think the barrister has to take some blame here. It is their job to convince the jury that the accused is guilty and in this case it would seem that a competent barrister should be able to convince the jury that the driver was responsible for the death.
Can I be the one to point out that it was cyclists she was overtaking and not another vehicle, I would suggest that the majority of A roads are wide enough to accomodate bike - car - bike, also note it was a curve in the road and not a blind bend.
Tragically it would appear that the poor girl did not have the bike handling to cope with whatever unexpected circumstances being out on the road could throw at her.
*Advice*
Individuals who are involved in such heinous disregards for the sanctity of human life need only do the following:
Say you heard the driver say 'Allah-ho-Akbar'. The law will then regard it as a terrorist incident and the perpetrator will get at least 10 years.
What a f*****k ignorant and stupid c**t.
I hope that Dr Measures revisits what she said and realises how callous it sounds. She is responsible for another person's death after all, regardless of whether or not her driving was adjudged to be careless in the eyes of the law (and it sounds pretty careless to me).
We can start to affect it by sharing the items on Facebook & Twitter. When your friends & family like or comment then it goes out to a wider audience.
I'm sure that most of the car/lorry-cycle accidents are not intended and the driver isn't malicious in any way. But, in the cases where the driver is at fault it's usually a case of the driver being too fast or just not taking care. All they needed to have done was SLOW DOWN and be a little more considerate to other road users - whoever they are and whatever they're doing.
Cyclists _are_ vehicles.
Are you perhaps unacquainted with Highway Code Rule 163? Here it is, with a handy picture and everything. Where does the other bike go?
https://www.gov.uk/using-the-road-159-to-203/overtaking-162-to-169
As for "curve in the road" vs "blind bend", the driver apparently didn't see the oncoming cyclists on account of the bend. How is a corner you can't see oncoming traffic around not a blind bend?
Couldn't agree more
A case so awful not even Daily Mail readers are defending the motorist (although of course the DM is keen on portraying the driver as an upstanding citizen)
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