A skip lorry driver has been acquitted at Hull Crown Court of causing the death of a cyclist through careless driving, with a CCTV expert telling the trial that the rider would have been in the vehicle’s blind spot before the fatal crash due to its wing mirrors.
Craig Beharrell, aged 42, was killed when he was hit by a skip lorry driven by Peter Sanderson, 62, on the city’s Hessle Road at 7.35am on 17 July 2017, reports the Hull Daily Mail.
Mr Beharrell had been riding on a cycle lane along Hessle Road when Sanderson turned left onto the road from Wiltshire Road.
The fatal crash was recorded on both the GoPro camera the cyclist was using and on CCTV in the cab of the lorry, with footage from both shown to the jury during the week-long trial.
CCTV analyst Matthew Cass, appearing as an expert witness for the defence, told the court that both the lorry and the cyclist became “synchronised” as they neared the junction.
He added that the cyclist would have been obscured from the lorry driver’s view because of the vehicle’s wing mirrors.
Before the jury retired to consider its verdict, Judge Paul Watson told them: “In difficult cases like these there are no winners and no losers and we in the criminal justice system entrust difficult decisions in cases like this to jurors to do their best to look at evidence on both sides.”
The jury acquitted Sanderson, who insisted he had not seen Mr Beharrell, after deliberating for nearly four and a half hours.
After delivering their not guilty verdict, the judge told the members of the jury that their decision had been informed by their “knowledge and experience of the world and their experience as drivers.”
Besides the fact that only the jury can know what factors went into their decision, it’s worth noting that Hull has the fourth-highest levels of cycle commuting in England and that nationwide, one in four households have no access to a motor vehicle.

47 thoughts on “Skip lorry driver acquitted of causing death of cyclist in Hull”
So, if it isn’t the driver’s
So, if it isn’t the driver’s responsibility to ensure that their maneouvre is safe to perform, does it mean that the vehicle is not fit to be on public roads?
‘there are no winners and
‘there are no winners and losers’. P-r-e-t-t-y sure that the victim and his family would be ‘losers’ in this case
‘experience as drivers’. Well, that bodes well for the future of trial by jury in the case of cyclists killed by drivers, eh? How about ‘experience as cyclists’?
Did the skip lorry driver not see rhe cyclist before he turned left? Or was he maybe one of those magical cyclists who – we’re told regularly – just ‘appeared out of nowhere’
The ‘justice’ system in this country is utterly fucked
When I’m driving I know there
When I’m driving I know there’s a blindspot. It’s my responsibility to look and check and I would not expect to use that blindspot to mitigate an error in judgement that led to someone’s death. If the design of the vehicle prevents drivers from being culpable then all sorts of carelessness can be excused. I’m sorry that the victims family will not feel that there’s any form of justice delivered here.
My car has blind spots –
My car has blind spots – behind the A-pillars. When I feel they may be obscuring my vision, I move my head to see around them.
I don’t understand why the HGV driver isn’t expected to do the same. And I would like to know why a vehicle with such an obviously poor design is allowed on the roads.
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The Beyond the Kerb blog covered ‘synchronisation’ once before, but that was road layout rather than being in a vehicle too big for an urban environment…
https://beyondthekerb.org.uk/collision-course/
So if the lorry driver is not
So if the lorry driver is not at fault and the cyclist was killed because of the road layout putting him in the lorries blind spot, is the council facing a corporate manslaughter charge?
We are learning nothing from
We are learning nothing from this case except that it is fine to kill cyclists.
How can you be in a blindspot for any length of time, how did they become synchronised…
It may be the driver has reduced culpability here and we as cyclists should know. If i turn left onto a cycle lane and I’m halfway down a lorry and we’re moving at equal speed, do i become invisible. It could be in this case that this happened, the driver checked his mirrors, the rider was alongside him for 20 metres and he checked his mirrors again, then moved. What can we expect them to do, get out of the cab? If this is indeed the case either all trucks need to be recalled to be checked or cycling infrastructure must be completely separate.
However, if the lorry overtook the cyclist, slowed as the cyclist approached and then did the left turn of might is right (which is usally the case) then he should be prosecuted.
People aren’t taking actions based on these horrific outcomes and they just keep happening.
Several years ago I used to
Several years ago I used to insure a skip lorry firm and their driving history was atrocious. They hit anything and everything from telegraph poles to houses.
Even nowadays I get to see claims information from courier/delivery firms in London. Their drivers swear blind that the motorbike/car/van/bus was trying to undertake them etc. or pulled out of a side road. I then see some of the video evidence from the other party and 9 times out of 10 the driver is a lying ar5ehole.
Fishpastesarnie wrote:
You’ve literally just reminded me that *literally* yesterday I was behind a skip lorry in manchester that turned right out of a T-Junction and cut across the corner of the pavement by around three feet. Admittedly, he *probably* checked that there wasn’t a pedestrian there… but that’s not certain, and even if it were – it was still an atrocious piece of driving.
Fishpastesarnie wrote:
I’ve been involved with the construction industry for some time. I’m also involved with the road safety sector. Skip lorries and tipper lorries have an awful record for crashes. A lot of the firms involved in this sector have dodgy records and a minority of them have criminal connections. This last group often have the worst records for safety of all.
OldRidgeback wrote:
So hasn’t changed much in 50 years then as I remember watching this old film in the 80’s as a child.
https://www.imdb.com/title/tt0051713/?ref_=tt_urv
@Alansmurphy
@Alansmurphy
The lorry was at the junction turning onto the road the cyclist was coming down. The Synchronisation meant the lorry was moving towards the juntion at the same speed the cyclist was coming so he was always blocked by the large double wing mirrors these lorries have nowadays.
However this does not excuse the driver of at least careless driving as he did not try to move to ensure nothing was behind the blind spot. To me it is the equivalent of changing lanes just based on what is in the mirrors and not looking over your shoulder to make sure. All lorry drivers are aware of blind spots on their lorries and if they don’t check them then it is careless at minimum.
The original story last week meant I gave a similar lorry a wider berth when going around a roundabout. I’m glad I did as he left hooked me without indicating for his exit and compared to his entrance onto said roundabout.
AlsoSomniloquism wrote:
exactly give way is a “must” order in the highway code, its not a choice, its not a well only give way if you can see there are some big things in your way, careless driving is counted when a driver drives without due care and attention, or without reasonable consideration for other persons.
how did the jury decide this didnt meet that criteria ?
Awavey wrote:
Because they’re deciding based on how they treat give way signs, rather than on how the law intends for them to be treated.
Thanks, so if he was at a
Thanks, so if he was at a junction he should have stopped. If he had stopped for a couple of seconds and pulled out at a normal speed there is no way they could synch. It seems the expert of CCTV should have been replaced for someone with a basic comprehension of mechanics or physics…
There’s a plan to ban lorries
There’s a plan to ban lorries with poor driver visibility, it’s only in London though:
https://www.theguardian.com/uk-news/2016/sep/30/lorries-face-london-ban-plans-improve-safety-cyclists
Elsewhere in the country, just put a yellow sticker on the back of it and hope for the best.
it looks from the description
it looks from the description and this road layout, the cyclist was on the main road cycling in a marked lane, and the lorry has pulled out of a side road to join that main road, so collected the cyclist from on the cyclists left side
This synchronisation thing must be them saying the lorry was moving forward at enough pace that meant a cyclist or anything that fitted in the “A pillar” gap of a lorry was blocked from the drivers initial view,and was kept blocked till the driver then totally commited to turning out of the side road as they believed it to be clear and thats when the collision occured.
how a jury of drivers does not think that counts as death by careless driving…I dont know what can you say 🙁
condolences to the family & friends of the cyclist involved.
Awavey, it’s basically
Awavey, it’s basically telling me he was coasting the junction and the mirror hid the cyclist as they were moving at a similar pace. If he’d been approaching the junction looking, stopped and looked and then looked as he began the maouvere you’d expect that at some point the rider was completely visible.
The utterly predictable
The utterly predictable result of a driver being tried by a jury of drivers.
Such a pity that the reverse isn’t true, and cyclists are tried by a jury of other cyclists.
Sounds like the jury believed
Sounds like the jury believed the so called expert. The lorry’s mirrors were inadequate. I thought that blind spots had been sorted out by the mounting of a third mirror. I must be wrong. Beggars belief.
Jimnm wrote:
Adding extra mirrors actually contributed to this as the large mirrors on the side to see back and below sides meant more real estate blocked for looking along the road forward left and right.
If this was a stop, rather
If this was a stop, rather than a give way junction then this might not have happened. See it all the time where drivers barely slow down before giving a casual glance prior to pulling out.
Can’t believe the driver got away with it. Surely failing to check your blind spots is careless?!
A reminder to make eye contact and expect the unexpected. Condolences.
A motorist literally drove
A motorist literally drove straight into me a couple of weeks back while I was stationary at a T-junction. She came to an emergency stop as her front bumber kissed my front tyre and no actual damage was done (unless you count a heavily soiled pair of bib shorts ;-)).
Anyway, she explained that it wasn’t her fault because I was in the blind spot behind her A-pillar!
I assumed everyone would agree that she was totally at fault, but now it seems that her excuse is accepted by law – I’m dumbfounded!
As others have said, it should be a given that you move your head in order to eliminate all blind spots. It’s not too much too ask in order to avoid killing somebody, is it?!
I’ve just driven 1200 miles
I’ve just driven 1200 miles from Brighton to Pescara in Italy, in a car I bought recently. Before leaving, I bought a breathalyser that the French govt insist on, a GB sticker, headlamp deflectors, etc etc. I also bought a couple of those little blind spot mirrors for about a tenner because years of driving on the motorways of Europe has taught me you can never be sure what’s behind you and how fast it is approaching. Safety legislation is such a huge part of vehicle manufacture these days, but the public is expected to buy these little things themselves. Trucks could have about 3 on each mirror, the mirrors are so big.
The judge is right, there are no winners or losers. I can’t remember if there was any sentence passed on to the truck driver? He didn’t set out to kill anyone, but he should have been aware of his blindspot.
Possibly the rider could have slowed down to let the truck clear him before the junction, or even covered his brakes and been ready to take avoiding action.
Cycle lanes are shit though, UK drivers or the standard of driving in the UK is so bad, non-segregated lanes are just an accident waiting to happen. The government should spend some time effort and money on educating drivers about their responsibility. Maybe you should have to resit your driving test every 5 or 10 years?
And as for the justice system, can we get a jury of cyclists any time?
“The fatal crash was recorded
“The fatal crash was recorded on both the GoPro camera the cyclist was using and on CCTV in the cab of the lorry, with footage from both shown to the jury during the week-long trial.”
Ummm – I’m struggling.
As I understand it, this
As I understand it, this collision wasn’t caused by a blind spot not visible in the mirrors, it was caused because the mirrors created a blind spot. From the description, the driver was pulling out onto the main road, which the cyclist was riding along, but the driver didn’t see the cyclist because he was obscured by the mirror. As the cyclist approached the truck, their combined speeds meant that he remained in that blind spot and was struck by the lorry. This seems barely credible, and only just possible, but I suppose if that’s what the cctv evidence shows, then it happened.
But it seems to me that a reasonable driver would take care to ensure that there was nobody riding along the cycle lane, so the failure of the jury to convict is just drivers looking after drivers.
If fitting more mirrors to eliminate the blind spot actually creates another blind spot in a different place, it’s the wrong solution; just like massive A pillars.
burtthebike wrote:
It sounds like what was described was a similar situation to what is in this excentent piece
https://singletrackworld.com/2018/01/collision-course-why-this-type-of-road-junction-will-keep-killing-cyclists/
If it was then yes, those kinds of uncommon circumstances can mean you don’t get away with the sloppy checking like you usually do, and actually need to make an effort like you are supposed to. 😐
CarlosFerreiro wrote:
Thank you for that link, absolutely fascinating and educational. Should be compulsory reading for highway engineers.
If someone would like to
If someone would like to start a crowdfunder page to appeal this decision, count me in for £50.
burtthebike wrote:
Would be a waste of time and money. The family were lucky that this even went to court, given the lack of interest by the police and CPS to prosecute, but any appeal would only result in another jury acquitting the driver.
Basically if a driver is not prepared to plead guilty to the charge, you can take it as read that they’d get let off in court. I’d happily take my chances in court if I killed someone on the road.
gcommie wrote:
In that case, if someone would like to start a crowdfunding page for assassinating the driver, put me down for £100.
Just to add a slightly
Just to add a slightly different perspective to the discussion. I work for the Spinal Team at a Hospital. All the reports about additional mirrors are irrelevant. We frequently see people who cannot turn their heads enough to function properly, yet seem to feel happy driving to appointments.
You can make vehicles look like a Mods scooter with additional mirrors but if you cant move your head to look in them what’s the point? If you know that you can’t turn your head, why even bother trying. So anything beyond straight ahead is a potential blindspot.
All the stuff about pillars this and that is all guff.
willsdad wrote:
Wow! You could be used as the exemplar of observation bias.
willsdad wrote:
I’ve just had a similar discussion with my father in law, he’s injured his knee recently, to the point that he can barely walk and is in agony to sit down and is due to have it drained at the end of the week, yet he was considering driving to pick up my niece tomorrow and had to be convinced that someone else should drive.
People just don’t seem to consider just how compromised they are when it comes to driving when ill, injured etc. Unfortunately they get away with it until there’s an accident by which point it’s usually far too late.
Absolute f#cking B#llSh#t.. I
Absolute f#cking B#llSh#t.. I’ve said it before and I’ll say it again and again.
It is now perfectly acceptable to kill cyclists.
burtthebike wrote:
Brooksby linked to that earlier in the comments, albeit a diferent website.
Lorry driver approached a
Lorry driver approached a junction that had a cycle lane but did not check it was clear before driving over it. Therefore did not give way. Mirrors had fuck all to do with it, as he knew they had a blindspot so should have stopped and checked with his own fucking eyes that nothing was coming. Michael Douglas didnt need to go to such extraordinary lengths in A Perfect Murder…he could have just bought his wife a bike and run her over….
Now the trial is over there
Now the trial is over there should be an inquest.
I’m trying to reconstruct the sequence here but it would help to see other pictures of the crash scene.
Some serious questions to ask
1) truck would usually be stopped as quickly after impact as possible, so Police can preserve evidence – why is it in the central median some distance from the left turn where the impact apparently took place, with victim’s bike apparently in the middle of the carriageway perhaps 6-10 metres behind the truck. Did the driver fail to notice – surely not going that fast? Was the driver heading for Sunningdale Road?
2) this is a 90 degree junction on to what appears to be a 30mph road (no signs indicating higher or lower limit) but the road has clearly been a dual carriageway, with 2 lanes each way, and laid out for speeds of 40mph or higher. The corner radius measures as 8 metres – – ie set-out to be taken at speeds over 30mph – rather than a 6 metre radius (the standard which can be taken by all normal large vehicles without running over the kerb, and forcing drivers to approach the junction ‘square’ to the approaching traffic to prevent a lazy merge turn – such as I suspect to be the case in this fatal crash. As there is no right turn here there should also be a central island, to reduce the crossing distance for pedestrians & the hazard of crossing 2 opposing motor traffic flows in one move.
3) The bushes at the boundary of the Ambulance Station may have directly or through deflected vision, reduced the driver’s observation of Westbound traffic on Hessle Road.
The whole road geometry here is totally inappropriate for a 30mph speed limit & needs to be adjusted to remove the ‘invitation’ travel at higher speeds.
From the narrative it seems likely that the victim was hit from the rear by the front offside corner of the HGV (with the driver possibly more focussed on merging with motor traffic coming up behind (at more than 30mph))
The nature of the impact with the driver moving out to the right, would have put his victim on the road directly in line with all 4 axles to run over them. the truck is an N3G chassis specified for off-road use, but (IMO inappropriately) spending 90+% of its time being driven on smooth hard pavements. The gap between the lower cab valance and the road surface is 40+cm and there is no provision to deflect any victim clear of the wheels if they pass under the front, and for this vehicle, the sides should they fall onto the road (the side guards on this truck are an obscene ‘joke’ – almost as useless as those on Hayley Drummond’s tipper that killed on Chelsea Bridge – the gap underneath is well over 30cm)
Should there be an opportunity to contact the coroner regarding this inquest I’d be strongly calling for a Section 28 report response from the Council on what measures are being taken to remove the hazardous features from this road layout, and from DVSA, and DfT on what measures can be taken to prevent any cyclist or pedestrian knocked down in a collision with an HGV from passing under the wheels – and thus massively reducing the risk of being crushed and killed.
The other day and as we
The other day and as we overtook a lorry I looked up and then back to see him no hands on the wheel eating a noodle dish. The other half of the time they seem to have a phone in the hands.
My commute is down mostly rural roads which lorries are banned from…..except the ones that do go down it and seen to be treating it as a rally stage. This said tractor drivers seem to be getting worse and worse, usually driven by some caveman youth once again….on the phone. I think I’ve seen a police car on these roads about twice in 10 years so nobody will ever get caught.
Is there not a case to be
Is there not a case to be raised against the truck owners? If they’re providing their drivers with a vehicle that’s unsuitable for the job then they should be liable?
I know it’d never make it to court, but if enough of a fuss was made about it each time it happened then maybe it’ll gradually make them take notice.
What is the scope for these
What is the scope for these court decisions being appealed? Have there been any successful challenges made? Something needs to change.
dassie wrote:
afaik you can’t just appeal a judgement because you dont like it. There has to be something potentially wrong with it, and I believe you have to have an interest in the case as something other than an outraged reader.
https://law.freeadvice.com/litigation/appeals/appeal-court-decision.htm
Probably no help in this case
Probably no help in this case but I remember as a child Leyland made a light truck the roadrunner with a dropped passenger window as a safety thing. Then after a few years due to cost it was pulled. This was 84/85 ish but now in 2019 we still have stuff that kills!
I am currently listening to
I am currently listening to the audiobook The Scret Barrister. Eye opening stuff as to how and why the legal system is failing all of us. Criminals,victims and, witnesses we are all losing out.
They have a website here also https://thesecretbarrister.com/
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Ridiculous verdict.
Ridiculous verdict.
The lorry driver would know he has blind spots – that’s why you need to look round the cab.
Poor cyclist never had a chance.
Ridiculous verdict.
Ridiculous verdict.
The lorry driver would know he has blind spots – that’s why you need to look round the cab.
Poor cyclist never had a chance.