A woman who opened her car door without looking, causing a cyclist to fall off his bike and suffer fatal head injuries, has been banned for driving for six months and fined £305.
Robert Hamilton, aged in his 70s, was riding along Linaker Street in Southport in January this year when mum-of-one Joanne Jackson, 44, opened the drivers door of her Toyota Avensis into the road, killing him.
Instead of manslaughter, however, the Crown Prosecution Service chose to pursue the lesser charge of opening a car door so as to injure or endanger a person, which Jackson admitted to, at Wirral magistrates’ court on Thursday.
Jonathan Egan, prosecuting, told how one witness said the door hit the cyclist, another that it caused him to swerve, but either way her act was “negligent” and caused him to fall.
Mr Hamilton was taken to Preston Hospital by air ambulance, but later died of his injuries.
Jackson, representing herself, told the court: “I’m very, very sorry. It was an accident. I have got to live with this as well.”
Robert’s widow, May, has criticised the Crown Prosecution Service’s decision not to prosecute Jackson with manslaughter, and instead charge her with a traffic offence.
Mrs Hamilton told the Liverpool Echo: “It’s been absolutely devastating. I am so disgusted with the way these sorts of deaths are trivialised with very minor charges.
“Robert wasn’t wearing a helmet, but I was told that was irrelevant [in terms of charges]. Robert cycled all across Europe for charity.
“He did wear a helmet on longer routes but not shorter ones. One thing you can be sure of, more people are going to die the way Robert did. I wonder how many more before the law takes these sort of deaths seriously?”
Claire Lindley, Chief Crown Prosecutor, said: “The offence of manslaughter was very carefully considered by senior prosecutors, and a decision was taken that there was insufficient evidence to provide a realistic prospect of conviction for that offence.
"This is a tragic case, and our thoughts are with Mrs Hamilton and her family.”
For £57.99 I'd rather get something that looks crap but is comfortable and lasts rather than looking well but falls apart after 5 rides. I've had...
As others has said, It is up to you, but I still think you have a strong case to report. You were directly affected as you had to swerve and brake...
The Metro write-up was ridiculous, they reported it as the council 'telling' cyclists not to use cycle lanes. Contained interviews with the usual...
Acting as a spokesperson?
I'm pretty disappointed to hear of farmers moaning about cyclists....
Sorry to burst your bubble and your rant but I think you'll find if a law has been written in such a way so that it contravenes the "reasonable...
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Is it just me or do they seem more concerned about the post being hit than the cyclist?
I have a crane titan on my three bikes, conventional dring-dring bell, but all brass and the tone and volume is excellent. Pricey mind....
I note the reviewer says its a fast bike. It would have to be to avoid being seen!