- News
- Reviews
- Bikes
- Accessories
- Accessories - misc
- Computer mounts
- Bags
- Bar ends
- Bike bags & cases
- Bottle cages
- Bottles
- Cameras
- Car racks
- Child seats
- Computers
- Glasses
- GPS units
- Helmets
- Lights - front
- Lights - rear
- Lights - sets
- Locks
- Mirrors
- Mudguards
- Racks
- Pumps & CO2 inflators
- Puncture kits
- Reflectives
- Smart watches
- Stands and racks
- Trailers
- Clothing
- Components
- Bar tape & grips
- Bottom brackets
- Brake & gear cables
- Brake & STI levers
- Brake pads & spares
- Brakes
- Cassettes & freewheels
- Chains
- Chainsets & chainrings
- Derailleurs - front
- Derailleurs - rear
- Forks
- Gear levers & shifters
- Groupsets
- Handlebars & extensions
- Headsets
- Hubs
- Inner tubes
- Pedals
- Quick releases & skewers
- Saddles
- Seatposts
- Stems
- Wheels
- Tyres
- Health, fitness and nutrition
- Tools and workshop
- Miscellaneous
- Buyers Guides
- Features
- Forum
- Recommends
- Podcast
news
Justice (Lonpicman, Wikimedia Commons)Jury fails to reach decision in cyclist death case where driver blinded by sunlight
A jury in Leeds has failed to reach a verdict in the case of a driver charged with causing the death through careless driving of a female cyclist. The motorist, who may face a retrial, had said at his trial that he had been blinded by sunlight for approximately three seconds before the fatal incident in South Heindley, near Wakefield, in January 2012.
The prosecution had told Leeds Crown Court that Jeffrey Walton, aged 51 and from Ryhill, should have either slowed down or stopped altogether due to the conditions before his Ford Focus struck and killed 36-year-old Barnsley midwife Maria Micklethwaite, reports the Rotherham Advertiser.
Sophie Drake, speaking for the prosecution, stated that Mrs Micklethwaite was a keen cyclist and went on to describe the conditions at the time of the fatal collision.
“The weather was bright and dry but significantly the sun was sitting very low in the sky and was very bright, and because of its position restricted a driver’s view,” she said.
Walton had said in his defence that he had been shielding the sun with his arm for approximately three seconds prior to the impact, adding: “I looked up the road and I couldn’t see anything coming.”
Mrs Drake said because of the weather conditions Walton should have slowed down or stopped his vehicle.
She added: “The crown say it was due to the defendant’s careless driving that the collision occurred. In other words the defendant was driving without due care and attention, below what would be expected of a careful and competent driver.”
The jury began considering its verdict on Tuesday afternoon but was unable to reach a majority verdict and was discharged 24 hours later.
Prosecutors have seven days from yesterday to apply for a retrial.
Poor visibility due to sunlight was cited as a factor by defendants in two court cases reported upon here on road.cc last year.
In March 2012, 46-year-old Andrew Mylrea from Derby was banned from driving for 12 months and was ordered to carry out 150 hours’ unpaid work after being convicted of causing the death through careless driving of record breaking cyclist Pat Kenny.
Mylrea had said that he had been blinded by sunshine as he drove along the slip road of the A38 at Claymills near Burton-on-Trent in January 2011, striking and killing him.
Days earlier, Harrow Crown Court had sentenced 51-year-old Paul Luker to perform 100 hours’ unpaid work and banned him for driving for 12 months after he had been found guilty of causing the death by careless driving of Group Captain Tomas Barrett in March 2011.
The RAF officer died when he was hit by a van driven by Luker whilecycling home from work at RAF Northolt. The driver said that he had not seen the victim as a result of the low sun being in his eyes.
The sentences handed down in those cases received widespread condemnation from many who perceived them as unduly lenient, and were among the cases that led to British Cycling and others launching a campaign last year calling for a review of sentences in which cyclists are the victims.
Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.
Latest Comments
- wtjs 4 hours 57 min ago
it seems that most places just rely on sufficient policing to reduce the issue...
- Matt Page 5 hours 41 min ago
Many manufacturers, including Scribe, can give you methods to reduce the noise level. On Scribe, and other ratchet designs it's usually just adding...
- wtjs 6 hours 19 min ago
It wouldn't work at all where wtjs lives...
- Sriracha 6 hours 35 min ago
Pretty sure AI could skim through hours of footage in a few seconds to identify suspicious events. Of course someone in authority has to care in...
- chrisonabike 6 hours 43 min ago
Bonsai samurai? Or is it just a case of "they seem to get smaller every year"?
- IanGlasgow 7 hours 46 min ago
Sorry to see Endura struggling. They're based in Linvignston, not Edinburgh, which puts them very close to where I grew up....
- mdavidford 9 hours 27 min ago
I dunno - seems like it's coming round on a regular basis...
- Rich_cb 11 hours 9 min ago
The mistake is to focus on the US....
- chrisonabike 11 hours 21 min ago
I mean it seems silly to complain in detail when we're firmly in the territory in the UK of "you will have to live with this the rest of your life ...
- eburtthebike 13 hours 52 min ago
I thought students were supposed to be intelligent?
Add new comment
19 comments
Being blinded by the sun, sniffing uncontrollably, having momentary seizure etc etc. Quite a number of things going on in cars of people causing accidents.
Maybe it's time for compulsory cameras and black boxes in every single car...
Whilst i dont condone what the driver did there is a road in the town where i live and at certain times you can be driving in perfectly clear conditions and as you turn the corner you get hit by the sun.
Its not pleasant and 3 secs at 15 - 20 mph you cover quite a distance.
I dont know the road this driver was using or the speed limits or road conditions so i wont comment further.
As I wrote - clean the back of yer effing windscreen ! - it makes all the difference.
B0llocks does it. If the sun shines in your eyes then it shines in your eyes thats why people wear sunglasses or does a spotlessly clean windscreen automatically stop all bright sunlight.
Looking into my cynical crystal ball I can see the CPS dropping the charge of causing death by careless to a lesser charge (in order to secure a prosecution) and the Murderer walking away with a paltry fine and possibly not even getting a driving ban.
I might just try driving full speed ahead with my eyes shut and use that as a defence for whatever damage I cause.
The cyclist should have been in his view for a lot longer than 3 seconds. She didn't just appear out of nowhere.
Depends how fast he was going when he couldn't see, it doesn't sound like he slowed down at all.
[[[[ Ah yes, theSpaniard, but cyclists DO often "appear out of nowhere", and so do cars/buses/lorries/motorbikes/skiptrucks etc....in fact anything smaller than a Pickfords Removal Pantechnicon can appear out of nowhere, as any policeman or magistrate or incompetant driver will tell you. Till you're blue in the face.
P.R.
Funny how all this low sun doesn't make the cyclists themselves blind.
As noted above, it's not unusual either.
It's because the problem isn't just the sun itself, it's (often primarily) the condition of the windscreen.
(And re another comment, IME sunglasses actually make low sun and windscreen glare much harder to see through. YMMV, I guess.)
And in particular, whether the inside of the windscreen's clean - if it's not that makes a *huge* difference.
I'm not saying it won't happen, but I'm not going to hold my breath for a whole week. Although, if I did, I could presumably kill someone and use oxygen-starvation as an excuse.
A big Thank You to the jurors the stuck to their guns and said that this was indeed careless driving
Really sad and frustrating stories. How many lives could sunglasses have saved.
I'm not saying they are perfect but they would help.
I've drafted my comment such is my anger at this story we get "winter sun" every winter in the UK, it's not like it was a freak occurance
Really sad and frustrating stories. How many lives could sunglasses have saved.
I'm not saying they are perfect but they would help.
I've drafted my comment such is my anger at this story we get "winter sun" every winter in the UK, it's not like it was a freak occurance
Whenever I go out on the bike on a day on which the sun may cause vision problems, I will either have anti glare lenses on my cycling spec's and or a peaked hat under my helmet. Surely this defense should be unacceptable, motor vehicles are fitted with visors and having some sunglasses to hand whilst motoring is just normal sensible behavior. Blinded by the sun is an admission of guilt not a defense
.
Sometimes even with sunglasses and a visor it can be impossible to see where you are going. And that is when a responsible adult pulls over. Your last sentence sums it up perfectly.
[[[[ Yes, Doc, but the driver in this case will have to wait a whole year before having the chance to slaughter anyone else....
P.R.
Quite a defence "I was blinded by sunlight but kept going anyway". Not being aware of what was ahead. Where does " being able to stop in the within the distance you can see to be clear" come in"?
Still, it seems to work, according to the other cases, so that's all right then!