The widow of a cyclist killed by a Crossrail lorry in November 2013 is now considering civil action for damages after the driver was found not guilty of causing death by careless driving. She has also pleaded for safety improvements to prevent “another family being destroyed”.
The London Evening Standard reports that Anthony Howsego has been found not guilty of causing the death by careless driving of Brian Holt, 62. The hospital porter was one of six cyclists killed in London during a two-week period in November 2013.
It is believed that Holt was walking his bike across a pelican crossing between two lorries which were stalled in traffic on Mile End Road when he was run over by a 38-tonne vehicle driven by Howsego. Wood Green Crown Court heard that the lorry killed Holt instantly, but dragged him up to 78-metres down the road. Howsego had not felt the impact and only stopped after bystanders attracted his attention.
Howsego admitted that he did not check his “Class VI” mirror which is fitted to heavy vehicles to allow the driver, seated high up, to see immediately below in front.
Martyn Bowyer, prosecuting, said:
“The prosecution suggests that, given the mirrors that were fitted to the defendant’s lorry, if he had been paying attention, and paying due care and attention, he would have seen Mr Holt in front of his lorry.
“A tragic accident as it may be, the defendant holds some criminal responsibility, because his standard of driving fell below the standard expected. He failed to check that Class VI mirror. In fact, by being partially on the crossing he had breached the Highway Code.
“The last check he should have carried out would be to see what was in front him. But the reality is he didn’t check the Class VI mirror. He accepts that.”
The court also heard that the mirror was so filthy as to be virtually unusable.
Howsego’s legal team disagreed that the Class VI mirror was a necessary and final check and argued that the driver was under a greater duty to look in a side mirror. It was also said that the Class VI may not even have revealed Holt crossing.
Howsego had been driving for Crossrail contractor GF Gordon Plant Hire at the time and Mrs Holt is now considering civil action against the firm. Another of the firm’s vehicles was involved in the death of Claire Hitier-Abadie in February of this year.
14 thoughts on “Widow of cyclist killed by Crossrail lorry considering civil action after driver found not guilty of causing death by careless driving”
-The victim was pushing his was in breach of the Highway Code”
-The victim was pushing his bike across a pelican crossing
-Driver didn’t check his mirror (down-facing so he can see in front of cab)
-Mirror was “filthy and virtually unusable”
-“By being partially on the pelican crossing
-Dragged the victim 78 metres down the road
And we still can’t even get a conviction for death by careless driving?
The cyclist should have gone a bit more careful 8}
danthomascyclist wrote:-The
Unfortunately, as sick as it sounds the key qoute for me is
“because his standard of driving fell below the standard expected”
They jury (or drives) see no problem with any off the points raised and didnt think he fell below their own very low standard of driving, therefore they think that’s what’s expected.
Another travesty of
Another travesty of justice…
If this isn’t causing death
If this isn’t causing death by careless driving, then what is?
cat1commuter wrote:If this
Apparently its only Death By Careless Driving if you do it against anything other than a cyclist. Did you never receive the Memo?
Jury of tipper truck drivers?
Jury of tipper truck drivers?
This must be heartbreaking
This must be heartbreaking for the victim’s family. 🙁
is now considering civil
Road.cc is always on about kickstarted projects – this would make a good one!
SoBinary wrote:
is now
Indeed, it sounds like one for the The Cyclists’ Defence Fund
I’d chip in.
kie7077 wrote:
Indeed, it
I’d +1 that.
It is increasingly becoming
It is increasingly becoming obvious that tipper trucks are exempt from all the laws about killing people. If you want to kill someone, do it with a tipper truck; it will be considered “normal”.
severs1966 wrote:It is
They’ve done it haven’t they? These drivers have been bleating on long enough about the blind spots that it’s viable excuse. No need to look over your shoulder…. It’s a blind spot.
No need to check infront of me…. It’s a blind spot.
We’ve heard it so often that accidents are caused because cyclists are caught in the blind spot that the general public are going to believe it’s true and these drivers have a valid excuse. Of course it’s the cyclist’s fault, everyone knows about the blind spot…..
It’s so fucking wrong!! ~X(
Not really commensurate with
Not really commensurate with 12 weeks prison for breaking into 3 cars and pinching a bike!
http://www.thamesvalley.police.uk/newsevents/newsevents-pressreleases/newsevents-pressreleases-item.htm?id=315703
Fuck me this is a travesty of
Fuck me this is a travesty of justice.
If this wasn’t at least causing death by careless driving, let alone dangerous driving, then what is? Fuck me! If the law and courts don’t protect you when you are legitimately using a pedestrian crossing from careless and dangerous drivers then there is something seriously fucking wrong. This verdict is an insult.
The prosecution lawyers seriously fucked up in this case.