This recently published video shows the moment when a Nottingham cyclist was hit from behind near the BBC roundabout in Nottingham in November 2014. The uploader, who employs the username Reginald Scot, says that despite the shocking nature of the crash, the driver was not prosecuted.
The victim says that he sustained a severe back injury and internal haemorrhaging in the collision and took four months to recover.
Reginald Scot says there was no confrontation with anyone prior to the attack and that he did not know the driver or the car. Nor was he riding his normal route and so doesn’t believe the attack was planned.
Writing in the comments beneath the video, he mentions that the vehicle involved was a courtesy car (he doesn't explain how he came by that information) and it seems there may have been issues proving the identity of the driver. Suggesting that a combination of factors “came together to create a legal loophole” he adds that he is reluctant to outline the details for fear that someone might try and copy the incident – although he has also suggested he may do a follow-up video to explain the situation better.
Rhia Favero from CTC commented:
“I have a feeling the problems with this case have little to do with whether helmet/handlebar camera footage is permissible evidence, but rather to do with the police's inability to trace the driver. I'm sure most people will find it incredible that the driver couldn't be traced when the courtesy car company must have their details on file.
“I really hope we get to the bottom of how this driver managed to get away with running into the back of someone, seriously injuring them, and fleeing the scene. And I hope lessons are learned so that other criminal drivers don't get away with this sort of downright dangerous behaviour.'
road.cc has contacted both Nottinghamshire police and the Crown Prosecution Service for comment.
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78 comments
If that is the case, then the law as it stands is not fit for purpose.
Yes and no. It is conceivable that the police may have gone to the CPS with the evidence and the CPS would have said (rightly) that there is no evidence of driver ID, without which nobody can be prosecuted.
A lack of ID appears extremely likely to be the reason for no prosecution here. Whether that was because the CPS said so or the police realised it and didn't take it to the CPS is academic.
Provided the vehicle does not have fake plates then the owner & insurer are on the hook for making good the cost of any damage and compensation (loss of earnings, pain & suffering etc), get after 'em I say as it's no contest with that footage!! I'd even hazzard a guess that the couresty car driver may be related to the company the vehicle belongs to which is why they say "eh ??".
Well I, for one, am happy in the knowledge that the police are not going to let this lie and will do whatever they can to find the driver.
Wibble!
Wibble, wibble!
Surely the car was damaged in the incident? Then surely the garage in question would know exactly which one of their customers was in control of the car?
Here's a thought. It wasn't out on loan to a customer but the car was being used by someone at the garage, who can then pretend claim no knowledge of the user.
Wow... stunning bit of nonchalence from the authorities.
How about we all register our cars as rentals and claim we don't know who was driving when we get caught by speed cameras?
Sounds like clear obstruction of justice?
http://www.theguardian.com/uk/2013/mar/11/chris-huhne-vicky-pryce
I fully agree with the poster on this, we need Education, Education, Education not more segregated cycle lanes. The most frightening thing about this incident is that clearly the driver had seen the cyclist, he gives him plenty of room at the traffic lights and on the roundabout so why the fuck does he then just blatantly run him down? The car should have been impounded until someone admitted being the driver, its just not on.
On another subject I wish car manufacturers would stop adding wasteful gimmicks to cars. Auto Lights, Auto Wipers, Electric Folding Mirrors, Auto Reverse Systems. Why wont they fit in car DVR as standard?
I've never been given a courtesy car without having to sign the usual insurance waivers and provide my driving licence...a stinking cover up by the garage, probably an employee at the wheel. I wonder why Volvo's City Safety failed to work here. Perhaps you could email Volvo directly to ask?
Only possible excuse for no prosecution is false plates. If they have the car details the owner should be prosecuted. Every hire car or courtesy car requires proof of I'D and records kept.
I had a similar problem. The police will only pursue the driver of a hire car and I assume courtesy car if they decide to prosecute. Bloody daft if you ask me, how much more evidence do they need.
I hope this is gonna be big. Times and times I said... It will take one fames person to die from cycling and the revolution will start... Right now they look at us as numbers and not reflecting that each of us have families and want to come home safely.
Absolutley ridiculous, even with a camera and clear evidence the police are completely useless? The guy could of come off a lot worse than he did.
https://twitter.com/nottspolice if you feel like tweeting them
How can you not locate the driver? Its easy check the details of whoever signed for the car, if fake details were given it may be a bit tougher but im sure the person would be on cctv. It sounds like the police and CPS cant be bothered to do it. Says a lot about thier attitudes towards cyclists if thats the case.
Frightening footage. And it really shouldn't be that difficult to trace the driver. If whoever was supposed to be driving denies it, check their mobile phone records and alibis. Surely other drivers saw what happened - and who was involved?
I'd like to hear the other side of the story - although it's difficult to see anything other than blatant dangerous driving (and perhaps worse).
It looks like the car driver forgot about the bike in front of him/her. Whilst accelerating may be was looking in their mirror to ready to change lanes. I know that roundabout well and it is a bit of wacky races area , drivers jostling for lane position. Plus it's a city, drivers are far less tolerant of slow moving vehicles especially at rush hour !
Shocking police didn't prosecute. They still could really. I believe 14 day rule for notice of prosecution NIP doesn't apply when accident (I say that with a guarded expression) involves hitting someone, either car, person or wall
Perhaps, but between leaving the roundabout and the crash were about 5 seconds of straigth road. If they were checking the mirror for 5 seconds and accelerating without looking forward once, it might not have been a deliberate hit, but surely very bad driving?
In any case, is there a reason for not stopping afterwards? Surely they must have noticed that they hit a bicycle?
Surely the owner of the vehicle should be prosecuted, even if that is an entity, maybe even obstruction of justice for failing to supply the driver's details? At the very least they must be liable for any compensation and such. Someone must be responsible for the keys to the vehicle, apply pressure and people might talk, or at least change their ways?
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