A cyclist who was left with permanent disabilities from severe head injuries he sustained when hit by a police car answering a 999 call in London is suing the Metropolitan Police for more than £1m.
The former Guardian journalist, Donald MacLeod, spent six weeks in a coma after being hit in Islington by a police car on its way to investigate a shooting in May 2010. He is still unable to communicate with those around him.
Now his wife Barbara is flighting a High Court legal battle to make the Met take responsibility for his injuries.
The police force argues that Mr MacLeod himself cycled into the path of the police car.
His barrister, Angus Withington told the High Court that Mr MacLeod had been working at The Guardian’s offices in Farringdon Road and went for a drink at a wine bar before setting off to cycle back to his then-home in Scholars Place, Stoke Newington, North London.
The police car, responding to reports of a shooting on the Wilton Estate in Hackney, was also travelling along Southgate Road with its lights flashing and sirens blaring, he said.
“It is Mr MacLeod’s case that he was proceeding in a northerly direction on Southgate Road, in advance of the police car, and he was struck from the rear and the right,” he said, according to Chronicle Live.
“It is said on his behalf that the driver of the police car simply failed to identify his presence in the road and that that was the cause of the collision.”
David Waters, representing the Met, argued that the collision had happened differently, saying that Mr MacLeod cycled out of Northgate Road or straight from the pavement into the police car’s path at the junction with Southgate Road.
Barbara MacLeod told the court: “He was absolutely safety-conscious and I clearly remember him one night taking the bus because he had forgotten his lights.”
Mr MacLeod’s sister Janet told the paper his survival had been miraculous.
She said: “They thought he would be completely brain damaged but he’s re-learning how to do things despite the fact he’s still incredibly disabled.
“His understanding of things has improved and, although he can’t communicate with us, he understands conversation and he laughs at us. He’s made amazing strides over just a few years.
“I think that’s largely because of the amazing love and care of my sister-in-law and the support of his family and friends.”
The case is expected to conclude in the coming week.
In the year of Mr MacLeod’s collision, we reported how an average of 12 road traffic collisioner per day took place involving vehicles belonging to the Metropolitan Police.
Metropolitan Police drivers responded to 2 million 999 calls in 2009/10 and covered 73 million miles in their vehicles during the year.
Scaled up, that would equate to a fatality rate of 137 per 1 billion miles driven, compared to a national killed & seriously injured rate, according to Department for Transport Statistics, of 85 in 2009.
In all, there were 3,015 people injured as a result of accidents involving a police car during the three-year period covered by the figures, which were released in response to a Freedom of Information request. Of those, 247 were pedestrians and 135 cyclists.
47 thoughts on “Wife of cyclist severely disabled by Met police car answering 999 call sues police force – who say they weren’t at fault”
Surely the noble police would
Surely the noble police would never bend the truth about anything?
Quote:Mr MacLeod cycled out
That’ll be Northchurch Road then, just by the now closed Northgate pub. Am going to assume this was a reporting error by Chronicle Live.
Be interesting to know the locus of impact and witness statements. The implied route cutting across from Essex Road to Southgate Road via Northchurch Road seems odd as a selection of commuter route, and lack of clarity in the report of the police account (“MacLeod cycled out of Northgate [sic] Road or straight from the pavement into the police car’s path at the junction with Southgate Road” – well, which one?) makes one feel uneasy.
Pretty scary numbers aren’t
Pretty scary numbers aren’t they? That’s a lot of ruined lives just to have police turn up somewhere only to be subsequently let down by the CPS or if it actually gets to court the ever lenient and outdated judiciary.
Let’s keep picking on the cyclists though, bloody dangerous lot we are.
Sounds almost a “SWSS”, a
Sounds almost a “SWSS”, a single witness suicide swerve.
felixcat wrote:Sounds almost
Didn’t they tour with Zodiac Mindwarp in 1988? 8>
When did the police ever tell
When did the police ever tell the truth? A lot of them are filth who wouldn’t think twice about bending the truth concocting a totally different scenario to save their own skins e.g. Hillsborough or the murder of Ian Tomlinson. Why don’t they just admit they were negligent and save this family any further suffering?
OK, that may or may not be
OK, that may or may not be true, but think about it from the POV of the statements of the defense – this guy was hit after having some drinks by an emergency vehicle WITH LIGHTS AND SIRENS ON.
Maybe the rules are different in the UK, but in Canada, the rules are that you need to PULL OVER AND STOP within 150m FORE AND AFT of an emergency vehicle with sirens active.
This guy did not, he kept on riding.
And you believe that he was dumb/drunk enough to keep riding while an emergency vehicle was in close proximity with lights and sirens on and wasn’t having problems staying in a straight line?
You clearly haven’t observed many people riding while drunk.
Regardless of whether you’re on a bike, motorcycle or car, if you hear sirens, pull the fuck over.
eschelar wrote:OK, that may
You being a victim-blaming bastard much?
eschelar wrote:OK, that may
UK guidelines is that you pull over when safe to do so. Here’s the guideline from the Highway Code:
219
Emergency and Incident Support vehicles. You should look and listen for ambulances, fire engines, police, doctors or other emergency vehicles using flashing blue, red or green lights and sirens or flashing headlights, or Highways Agency Traffic Officer and Incident Support vehicles using flashing amber lights. When one approaches do not panic. Consider the route of such a vehicle and take appropriate action to let it pass, while complying with all traffic signs. If necessary, pull to the side of the road and stop, but try to avoid stopping before the brow of a hill, a bend or narrow section of road. Do not endanger yourself, other road users or pedestrians and avoid mounting the kerb. Do not brake harshly on approach to a junction or roundabout, as a following vehicle may not have the same view as you.
We do not know the road conditions at the time of the incident. There may have been parked cars at the time meaning that Mr MacLeod was unable to pull over safely. It is also highly unlikely that he has pulled out in front of an emergency vehicle.
Of course the driver concerned is going to say the cyclist pulled out in front of him (it makes not one iota if it was a police driver or not). All they are doing is trying to put the blame on the victim and escape the fact that were not paying attention to what was in front of them. Emergency vehicle drivers have a huge responsibility on them to be aware of their surroundings when on a call they also cannot “assume” that if a motoristcyclist pulls over to the side that it is safe to progress. They also cannot force another road user to make a dangerous manoeuvre.
I also find your assumption that Mr MacLeod was drunk highly insulting to him and his family. We have no idea as to how much drink was consumed or even if it was alcohol.
eschelar wrote:OK, that may
I’m sorry but jumping to conclusions such as this helps no one, he may have been in the wrong, he may not but by blaming him straight, just like others who immediately blamed the Police is wrong on so many levels.
Let the case be dealt with and after that read the judgement and then make complaints if your not happy.
For a commuter from
For a commuter from Farringdon to Stoke Newington, there’s no reason at all to be on Northchurch Road.
The Southgate Road, Northchurch Road intersection used to be on my route for over a year, but then I was going from Oxford St to Hackney Wick. That’s West to East.
He was going from South to North.
Police in blatant misdirection shocker… Where’s the dashcam footage? Lost I’m sure…
Police racing but no dashcam
Police racing but no dashcam footage to show? Guilty, liable, pay up.
vbvb wrote:Police racing but
Seconded.
I’m sorry to the members of the police who post on this site, and IO know it looks like trial by the hoi polloi (never plebs 😀 ) but the Met will need to start working very hard indeed to restore confidence, before us civilians stop just assuming that they are lying.
Recent news stories have really messed up the public’s trust in the police generally, IMO, and if the police can only put forward the word of their officers rather than any camera footage, then I don’t believe they have a leg to stand on.
With the increasing distrust
With the increasing distrust of police, it’s a surprise that all their vehicles aren’t equipped with dashcams, especially since some forces are testing bodycams.
Small point, but if you use foreign words to give you an air of learning, it’s quickly dispelled by repeating yourself in English; “hoi” = “the”.
Dr_Lex wrote:brooksby
I know, I’m sorry #o (it’s a long time since my Latin O-levels…).
brooksby wrote:Dr_Lex
I know, I’m sorry #o (it’s a long time since my Latin O-levels…).— brooksby
Hate to break it to you = it’s Greek.
Sarah Barth wrote:Hate to
Haven’t done Greek since a term at the beginning of university (hated it). Plebs is from the Latin, though… <:P
The police force investigated
The police force investigated Stephen Lawrence’s family for things to use against them, and their crime was to have a son who was murdered in a racist attack.
Who could honestly expect more from those morally corrupt cretins.
1) We are the only creature
1) We are the only creature on the planet that can exceed its own speed limit.
2) The human eyeball has not evolved since we gained this ability.
3) “Blues & twos” do not convey right of way or allow you deviate from the normal rules of the road.
4) Dashcams never seem to be working or switched on when their evidence would prove crucial.
5) Police Officers are human beings with all the frailties and weaknesses of human beings. They are just as likely to lie to cover their mistakes as the rest of us.
Just saying. 😀
levermonkey wrote:
…….
3)
Blues & two’s don’t convey right of way, but Police officers do have certain driving exemptions, when it comes to observing speed limits, keep left/right signs and traffic lights, which are, I would suggest ‘normal rules of the road’.
Just Saying
Edit
Edit
I’ve serviced Met police cars
I’ve serviced Met police cars for the last five years and only traffic cars have these “dashcams” that people are talking about and as they wouldn’t be going to a shooting that assumption about the footage being lost is incorrect.
Flatfooted wrote:I’ve
WTF doesn’t every Met vehicle that can be used for rapid response / blue and twos have a camera?
Hmm, £150 piece of kit for a £25k vehicle (minimum)… Guess the Met does not trust its drivers to drive well?
The police will lie at every
The police will lie at every opportunity, look at the Ian Tomlinson case.
If the family can win the civil case I wonder if the CPS will look into a criminal case not that ill hold my breath, how many deaths in custody have there been with not one officer being found guiltily.
Flatfooted, do you not agree
Flatfooted, do you not agree that every police car should have a dash cam?
Wishing Donald MacLeod a full
Wishing Donald MacLeod a full and speedy recovery, and best of luck with his case.
I was always of the
I was always of the understanding that the emergency services when on a call out were obliged to negotiate junctions and other road users safely and with caution. The only function of blues and twos is to make others aware of that vehicle’s presence and their need to overtake, join a main carriageway or jump a red light SAFELY and not to endanger themselves or other road users. It is also recommended in the Highway Code that you pull over when SAFE to do so to allow the emergency vehicle to pass.
Sadly there are too many police drivers out there who disregard other road users when they have the opportunity to use their blues and twos and are so pumped up with adrenalin when responding to a call.
Maybe it is time that all station cars are fitted with cameras not to record the misdemeanours of others but to monitor the drivers behaviour on the road. These could be activated with the blues and twos and could then be used as evidence in a situation like this. Much the same way as bus companies now use external cameras.
Quote:They thought he would
Good on him.
And shame on the Met for dragging his wife through the legal system.
Am not interested in Starsky & Hutch speeding to “a report of a shooting”.
“Expert” police witnesses so
“Expert” police witnesses so sure of what happened that they have put forwards two possible explanations… :&
To be absolutely fair to the
To be absolutely fair to the Met, they generally kill anyone they feel like, not just cyclists. Complaints against the police are never taken seriously, and complaints backed up by evidence will be suppressed using lies and conspiracies where necessary.
Lots of people – not just riders – have been run over or crashed into by cops on their way to crime situations or in pursuit of crims. The cops in question don’t get punished, and the victims are generally not compensated.
This is just another one of those situations. Quis custodiet ipsos custodes?
I hope the gent makes a full
I hope the gent makes a full and healthy recovery.
My Police car that i attend emergency jobs in is a Vauxhall Astra 1.4 tdi, hardly 25K, its also fitted with a black box showing speed, direction, what lights / sirens were on, if any, and the location of impact. I cant comment on the Met but if they have them fitted then that evidence is crucial.
Has anyone seen the full report as to whether there was any independant witnesses ?
Only our motor patrol and firearms vehicles are fitted with cameras.
Stumps, I was referring to
Stumps, I was referring to the cost of the vehicle once modified. There’s a big load of computer stuff in the trunk, and I’m certain various other kit, bringing the value & cost right up.
I know the standard U.S. Ford Crown Victoria police car, once on the road, was about $50,000… So I’m actually assuming there’s less cost on a British police car. I’m probably wrong and it’s more!
jacknorell wrote:Stumps, I
Sorry mate, its as cheap as chips to be honest. Really basic inside with no computer wizardry other than the little black box and it was commented on once that the Ford Focus we had previously the force got for about 7k.
All our cars are leased now not owned by us and we get them very cheap.
The only vehicles that are improved on are the firearms and traffic cars which are nearly all BMW’s. They have all the cameras, computers, upgraded engines and body work etc but the cars you see being used by 24/7 officers are just a bog standard vehicle with lights and a siren.
I digress a bit but our force is having to save 65 million over the next 3 years so gadgetry is not something they pay for. I’ve also done a bit of digging and the Met do have black box technology installed in their vehicles, whether that is in all of them or not i dont know.
It’s not just the cost of the
It’s not just the cost of the vehicle and equipment that needs to be considered, it’s the cost of the occupants as well. Two police officers, paid an average of say £30K (http://www.metpolicecareers.co.uk/newconstable/pay_and_benefits.html) add in perks, errs NI, pension etc we’re looking at £40K per occupant – i.e. £80k per year. The cost of the car is neither here nor there, fit a GoPro and be done with it! One of the reasons behind public mistrust of the police is the proliferation of CCTV (pleb gate + channel 4 news), phone cameras (Ian Tomlinson) and YouTube. It’s very easy to come to the conclusion that fitting cameras would not altogether be in the interests of the police – someone needs to remind them who they work for!
BigglesMeister wrote:It’s not
err – we work for the Govt, next daft question please. .
stumps wrote:
err – we work
Problem is the same as politicians, there are people who do the job because they want to help the community, there are those who do the job because they are on a power trip.
How you remind ALL Police that we pay their wages, that they are responsible to the general public. I guess that is the hard bit.
stumps wrote:BigglesMeister
Exactly, and the elected government enacts the legislation (laws) which are discussed and voted for by the public. Therefore, in common with all public servants you work for the public!
stumps wrote:Sorry mate, its
I’m surprised! The Met vehicles have various computer widgetry and such, which I’m sure is quite costly.
Must differ a lot by force, but I’m glad to hear there’s no cost where none’s needed.
jacknorell wrote:stumps
I’m surprised! The Met vehicles have various computer widgetry and such, which I’m sure is quite costly.
Must differ a lot by force, but I’m glad to hear there’s no cost where none’s needed.— stumps
Very true mate, put the money where its needed cos at the mo there isn’t a lot being given to us by the govt.
So by the the majority of the
So by the the majority of the above posts, I take it then that none of you will any longer be using the police? As they are all lying perjurors and of no worth in this world. So, I suggest that when your bike gets nicked you don’t call the police, your wife, child gets mugged/murdered don’t bother, just man up and live with it, I am sure you will, as you all think the police are bent anyway so lets just handle it ourselves shall we? And if you you do find a thief in your house and call 999 don’t worry about the response time as there is a speed limit.
Some of you and your comments truly come from planet mong and in real terms should just be put to sleep. Idiots.
Try doing their job for one day, let’s see how most of you desk jockeys get on?
I sympathise with the family I do, however this relentless police bashing needs to stop, you don’t like the relentless cyclist bashing do you, FFS. Who you gonna call when you get knocked off? The Fcuking ghostbusters. Go and live in Mombasa if you aren’t bothered about having a police force see how long you last there.
Quis custodiet ipsos custodes
And that has always been a stupid saying! Who will police the polices police-ad infinitum.
I live in a town centre and
I live in a town centre and we don’t call the police any more for anything, they simply don’t turn up or if they do it’s on a Sunday afternoon – must be double bubble. We certainly don’t report bike thefts, or the army of police cars that drive through the no entry sign at the bottom of the street as it’s the quickest way back to the station. Who’s gonna police the police ? We the public are, fit cameras.
hoi polloi is ancient Greek
hoi polloi is ancient Greek for “the many” and means the majority/the great unwashed.
Pleb is Latin and comes from Plebeian. The Plebeians were the main body of free roman citizens and tended to be tradesmen and as such are one step down from the Patricians/Nobles. They could rise to noble rank (Crassus and Cicero were noble Plebs). I’m happy to be a Pleb.
Just as a side note.
Referendum is the question; Plebiscite is the vote. A vote by all the free people of a country eligible to vote.
Can we now get back to the actual subject of this comment string? Please.
It is interesting that the
It is interesting that the contract conditions for providing a bus service for TfL London Buses now mean that every London bus has 8 external cameras, and a set of internal cameras, recording continuously. The 100% coverage came steadily as each bus route contract came up for its 5-yearly renewal, in much the same way that it has been a legal requirement to buy only low floor buses since 1999, with the aim of having a fully low floor UK bus parc by 2020.
A simple policy decision to specify dashcams, vehicle monitoring systems etc for vehicles offered to the Police on their lease contracts, would presumably get the suppliers making sure they offered the best package with all the required features, in order to win the contracts. Fitting data recorders, and other technology might also reduce the damage to the cars, and thus enhance their value at the end of the lease period, so it would have the incentive of being in everyone’s interest
Not being picky but when does
Not being picky but when does the public vote on legislation ???????
No doubt you will go round in circles by saying the public vote for mp’s and then they vote on laws so ultimatley the public vote :/
And if you believe that the mp’s actually listen to you then well……………. #o
stumps wrote:Not being picky
Well actually it’s called an election. That is the way it works and there is nothing circular about it at all. You need to get involved and write to your MP on matters that you consider important.
As there is not enough room for everyone in the house of commons, MPs vote on behalf of their constituents (the public) in the house every day. Constituents lobby their MP to try and influence them to vote in line with their wishes, if they don’t then they lose public support and possibly their seat in the commons at the next election. It’s called democracy.
You can check all the legislation that is passed into law by a majority vote in the house of commons by the publics representatives (MPs) right here at legislation.gov.uk.
For example the road traffic act …
http://www.legislation.gov.uk/all?title=Road%20Traffic%20Act
I have written to my MP about issues I consider important – for example, I once asked why lights aren’t included with all new bikes sold. The answer that came back from the then Minister for Transport (his dept) was actually wrong as it said they were. I wrote back etc etc – that is how it works.
I suppose you have a better idea, would that be a police state ???? :O
This is getting away
This is getting away completely from the original story but i’ll give it one more go……
Elections are fought, won and lost on what the parties believe the public want to hear. When they win they bring in legislation they want and the vast majority of the time it has nothing to do with their election manifesto.
By all means lobby your mp and he / she may succeed in getting a very small amount of time to discuss a private members bill but if the general consensus is that its not suitable it wont get that far and if it does it will generally run out of time never mind getting through the house of lords.
The most your looking at is a question at pm’s questions in which you will get a stock answer from a pm who will have been notified of the question a few days earlier and will have a prepared answer.
So if you still think the public decide on policy and legislation thats your prerogative.
The police aren’t there to
The police aren’t there to protect and serve society like we are told, they are simply there for social control and protection of property. We don’t live in a democracy.