Only a broken elbow

Off-topic
1

One lucky rider.

Also a good example of how a video cam can be beneficial.  Certainly helps as far as getting an admittance of liability is concerned for the personal injury claim.

http://www.bbc.co.uk/news/uk-wales-north-west-wales-39203191

2

Ouch, been there and done that.

3

that sir is why I bought one.

I’d like to say it is helping my case, but per my other post they didn’t even know I’d sent them the video.

4

£80 fine and 5 points???

Disgusting

5

Ok so what would be appropriate?

6
[quote] £80 fine and 5 points??? Disgusting --- Hold Da Kæft [/quote]

Ok so what would be appropriate?

Serrisan
9 points and £500 fine.

I got fined £455 for speeding and no one got hurt.   This prick hurt someone and it could have been a whole lot worse…

7
£80 fine and 5 points??? Disgusting Hold Da Kæft
How so?

I recommended the young lady that pulled out on me go on a driver awareness course. It matters not how much the fine or what tally of points you allocate, the offending drivers in such cases need to be made fully aware of their transgressions. Education by way of a Driver Awareness Course has to be the way forward. That’s not to say the offender escapes without points or a fine, why not throw the book at the more serious cases - Driver Awareness Course + fine + penalty points. 

8

You sped on purpose… He might genuinely have made a mistake

9
You sped on purpose... He might genuinely have made a mistake Serrisan

You know nothing of the circumstances of my one and only fine in 30 years of motoring.   (But yeah, I was aware of what I was doing)

But I don’t buy the “mistake”.   Not saying he did it on purpose, but a SMIDSY isn’t good enough for me.  If you are crossing ia junction it is your responsibility to make sure it is clear, end of.  

10

You are right I don’t. But likewise we don’t know anything of what happened here before or after. I only had a very quick look at the video but was the junction in a section where it slowed down after a ‘fast’ section? The bike seems to slow down considerably… Your brain and the way it processes information can be tricky so sometimes it is true that you didn’t see something.

Anyway, it wasnt meant to start an argument, more like to quickly highlight a plausible explanation about why a harsher sentence wasn’t deemed necessary…

I just feel like sometimes we are too quick to judge based on knowing nothing and comparing it to unrelated past incidents.

11

The van driver was also on the phone when it happened.

12

Then that makes me change my view

…

13
I just feel like sometimes we are too quick to judge based on knowing nothing and comparing it to unrelated past incidents. Serrisan
You beat me to it.  I investigate these type of crashes on a daily basis, I go to court and give evidence in my capacity as an expert in injury claims cases, but wothout seeing all the evidence and the case papers, you don't know what the build up was like.

Was the rider being hidden behind the headlight caused by the “Halo” affect which affects judgement of speed and distance?

What was said by the van driver dueing the course of the interview under caution

Was there some contributory factor in the roadside furniture, road layout, the way the bike was being ridden that may have caused an issue?

We have seen the video clip from the riders perspective, but there may be other factors unknow to us

In 40+ years I have yet to deal with 2 crashes that are the same, and sentencing is based on 

  1. If the driver pleads guilty or not guilty

  2. The exact circustances of the crash

  3. How it was reported by the OiC

  4. Anything that was said by the rider.

  5. The evidence of any independent witnesses.

  6. Physical evidence

Based on all of that and using the sentencing guidleines, that is how a penalty is decided.

In the case of a fatality the court cannot even take into consideration that someone died, it os all based purely on the facts and the evidence.

14
The van driver was also on the phone when it happened. Hold Da Kæft
And your evidence is?
15

From the actual rider involved in the crash.

16

LOL

17

Appreciate we can sometimes jump way to quickly to conclusions.   But I don’t see it here tbh.  

Who suggested a mobile?   Can’t see one myself…

18

This happened to me in 2004 albeit on a pedal bike. The driver claimed he didn’t see me as he was blinded by the sun. His fine and points were similar.

19

I’ve spotted something that even the great T.C didn’t mention - The sunlight was behind the rider, evidenced by his shadow.  This would give the rider far better vision for anything in front of him as the sunlight clearly illuminates everything in front of him.  However from the van driver’s point of view, he has glaring sunlight in his face, causing his pupils to contract, and as such, the rider may not be clearly visible to him.  In this scenario, the position of the sun in relation to the rider improves and aids the riders vision, yet to the van driver, is almost blinding him. The rider’s shadow is quite long too, so the sun, from the van driver’s point of view is low, only a little above the rider.

In spite of the above points, the van driver still pulled into the path of the rider, without having good clear vision to see that the road that he was turning across was clear and safe for him to do so.

20

I’m just about to buy another action camera.  Having looked at the above footage, I cannot clearly see the van driver, so cannot tell if he had both hands on the steering wheel, of if he was on a mobile phone.  I now think I’ll spend proper money on a Drift Ghost £250 or the new 4K Drift Ghost £300.