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Competing with other people on the road

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barrkel
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PostPosted: 15:58 - 01 Oct 2014    Post subject: Competing with other people on the road Reply with quote

This isn't specifically about bikes, but I believe it's very relevant to riding:

https://www.theguardian.com/uk-news/2014/oct/01/driver-crash-killing-three-women-jailed

The driver was sentenced to 12 and a half years for "egging people on"; he didn't crash or collide with anyone, but his driving encouraged other people to drive faster, and he was judged responsible for other drivers subsequently crashing.

I'm not sure I wholly agree with the severity of the sentence, since he himself didn't collide with anyone, but the chap does seem to be talented at encouraging others to speed, on two separate occasions resulting in injury or death.
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Conzar
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PostPosted: 16:01 - 01 Oct 2014    Post subject: Reply with quote

What about undercover police that goad people into having a play to nick them afterwards.
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rideslikean00...
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PostPosted: 16:06 - 01 Oct 2014    Post subject: Reply with quote

Sure sure, the guy is irresponsible for speeding around like that. But excuse me, is the article saying he's to blame for making the other driver speed in the Fiat just because he was speeding? Far as we are told, it's not like he was winding his windows down, shouting at other cars he was overtaking to goad them, unless I missed something. If someone speeds past you and you decide to speed to catch them, then it's on you. Two wrongs don't make a right, all that crap. He's an idiot for hooning around like that, the idiot who tries to catch him an even bigger idiot.
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Taught2BCauti...
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PostPosted: 16:21 - 01 Oct 2014    Post subject: Re: Competing with other people on the road Reply with quote

barrkel wrote:
I'm not sure I wholly agree with the severity of the sentence, since he himself didn't collide with anyone

He only caused an accident that killed 3 women - whether or not he was driving the vehicle that hit them, he actually caused the accident.
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iooi
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PostPosted: 16:23 - 01 Oct 2014    Post subject: Reply with quote

Quote:
He was jailed for 10 years after admitting three counts of causing death by dangerous driving, and a further two and a half years for causing serious injury by dangerous driving.


He knew what he had done...

Quote:
ak Parker’s street racing had already caused a woman crossing a road to be seriously injured two and a half weeks before.


Quote:
He drove at more than 70mph through 30mph zones at a time when there were other road users about.

Parker drove up too close behind Learoyd, making her speed up

Quote:

The judge said Parker’s driving was not the sole cause of the fatal accident, but a substantial part.


Cause and effect... He was the cause the other drivers effected the accidents

Phew. One less wanker on the roads....
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barrkel
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PostPosted: 16:57 - 01 Oct 2014    Post subject: Reply with quote

It's a philosophical question: can you cause anyone with free will to do anything?

We generally accept that minors and the insane aren't responsible for their actions, but most of the law is predicated on the idea that the person committing an act is responsible for it.

This case sets a precedent, on the road, for being responsible for other people's decisions.

In a situation where you e.g. cause another vehicle to take evasive action, and they subsequently crash, sure, you're responsible. You created a situation where a collision would occur - the other driver simply chose a course that resulted in a different collision. But to my mind the offence here isn't causing someone else to act, it's creating a situation where a collision is likely.

How do you cause someone else to speed at 77mph in a 30 zone?

I mean, there's no doubt the guy was dangerous and shouldn't be on the roads for a very long time, most 30 zone roads aren't clear enough of potential hazards in the reaction + braking distance for 70+mph driving. I'd support him being put in jail for that, specifically. But responsible for other people's decisions?
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Knacker
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PostPosted: 17:07 - 01 Oct 2014    Post subject: Reply with quote

If I see another bike and as long as I get in front of it at all costs I see no reason to compete with other Road users Cool
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evoboy
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PostPosted: 18:22 - 01 Oct 2014    Post subject: Reply with quote

'Parker drove up too close behind Learoyd, making her speed up.'

Tailgating then.

It doesn't state in what way he overtook either.
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Tracey Suntan-King
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PostPosted: 18:27 - 01 Oct 2014    Post subject: Reply with quote

Absolutely baffling. I'd bet my pocket money he'll win his appeal or get the sentence reduced.

He's obviously an idiot but what he did pales compared to that guy in the 4x4 who killed the girl on her moped, drove off, left her to die, lied then lied again to save his sorry ass. Someone remind me please, it was a much shorter sentence than this wasn't it?

And that guy is a complete cnut as opposed to a bit of one
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matto
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PostPosted: 18:28 - 01 Oct 2014    Post subject: Reply with quote

Quote:
The judge said...

...he said that although Learoyd’s Fiat, which had previously been written off and is now the subject of separate legal proceedings, had faults, these would not have been a problem if she had not been travelling so fast – “a speed caused by you racing her”, the judge said.


Hmm, maybe not all her fault then if she'd bought a badly repaired shitbox of a car... actually doesn't that still make it her fault if her vehicle wasn't roadworthy?
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iooi
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PostPosted: 18:37 - 01 Oct 2014    Post subject: Reply with quote

Tracey Suntan-King wrote:
Absolutely baffling. I'd bet my pocket money he'll win his appeal .


Er how can he win a appeal.. .When he pleaded.....

GUILTY


Embarassed Rolling Eyes Laughing
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Tracey Suntan-King
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PostPosted: 18:51 - 01 Oct 2014    Post subject: Reply with quote

iooi wrote:
Tracey Suntan-King wrote:
Absolutely baffling. I'd bet my pocket money he'll win his appeal .


Er how can he win a appeal.. .When he pleaded.....

GUILTY


Embarassed Rolling Eyes Laughing


Well there's your problem!

Note to self - read whole story...... Doh!
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Val
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PostPosted: 19:04 - 01 Oct 2014    Post subject: Re: Competing with other people on the road Reply with quote

Quote:
He said a “red mist” may have descended on Learoyd, and “it is likely Rebecca was drawn in to the competitive element of the event”.


Obviously this guy should be punished for dangerous driving, however each driver on the road is responsible for his actions and I do not see why he should be punished for the red mist behaviour of other drivers.

Say you overtake a queue of 20 cars, 10 of them got red mist a start racing left and right is this your responsibility?

How hard is to slow down and drive with 30mph in 30 zone?

That sentence does not make any sense the way information is presented in Guardian. Because he admitted guilt probably because he has cut off or pushed off the road the Fiat on overtaking. Then all makes sense.
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Last edited by Val on 19:07 - 01 Oct 2014; edited 2 times in total
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DieselASFC
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PostPosted: 19:04 - 01 Oct 2014    Post subject: Reply with quote

He can appeal the length of the sentence though. Seems very harsh when compared to most convictions for drivers that cause deaths on the road.

https://www.cps.gov.uk/legal/s_to_u/sentencing_manual/death_by_dangerous_driving/

Guidelines for racing seem to indicate 4-7 years. Of course I'm not even close to an expert, but I suppose they could've put him in level 1 for some reason or other.
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Rogerborg
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PostPosted: 20:02 - 01 Oct 2014    Post subject: Reply with quote

Hang on...

Conzar wrote:
What about undercover police that goad people into having a play to nick them afterwards.


...needs answering.

Presumably they are not in any way responsible for the reactions of other road users?

So why is Chavvy McRacer?
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Wull
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PostPosted: 20:12 - 01 Oct 2014    Post subject: Reply with quote

What an ugly looking fuck he is,by the shape of that head he's been in a fair few accidents I reckon!
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P.addy
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PostPosted: 20:16 - 01 Oct 2014    Post subject: Re: Competing with other people on the road Reply with quote

Taught2BCautious wrote:
barrkel wrote:
I'm not sure I wholly agree with the severity of the sentence, since he himself didn't collide with anyone

He only caused an accident that killed 3 women - whether or not he was driving the vehicle that hit them, he actually caused the accident.


Sorry, HE caused HER to put HER foot down and made her drive faster than she wanted.

No, no... that isn't right, people don't make me overtake them, I do it because I want to.

I don't drive or ride faster because someone else wants me to, my decision is mine and mine alone.

This lady went past her limit. The guy, may have been involved with driving at high speed against another road user, but HE made HER do that... no.

You control your vehicle, no one else.
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Llama-Farmer
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PostPosted: 20:39 - 01 Oct 2014    Post subject: Reply with quote

ridelikeasaint wrote:
Sure sure, the guy is irresponsible for speeding around like that. But excuse me, is the article saying he's to blame for making the other driver speed in the Fiat just because he was speeding?


If he was tailgating in a very intimidating way then who's to say its not.

I've been chased by a minicab driver who objected to the fact that I slammed on my brakes when someone came steaming through a give way sign across my path. His objection was seemingly that he was following me far too closely and so didn't have enough time to react and brake gently, instead having to slam on his brakes as well.

He was tailgating me inches off my bumper for about 20 minutes as I took him on a tour of the best and worst sights of Sheffield, leaning out his window shouting how he was calling his mates and they were gonna "fuck me up".


I dare say if someone is tailgating you at speed you may be nervous and rather than "slow down and increase your gap to the car in front" you may feel rightly or wrongly that it's better to speed up to put some distance between you.


Taught2BCautious wrote:
barrkel wrote:
I'm not sure I wholly agree with the severity of the sentence, since he himself didn't collide with anyone

He only caused an accident that killed 3 women - whether or not he was driving the vehicle that hit them, he actually caused the accident.


He did admit 3 counts of causing death by dangerous driving. So he knows fully that what he did was wrong and resulted in the deaths of 3 people.

Maybe if they'd been 3 bikers he wiped out by failing to bother looking before pulling out a junction he'd have only got a few months. But these weren't kitten-killing bikers, they were real human beings, with feelings and families.



barrkel wrote:
This case sets a precedent, on the road, for being responsible for other people's decisions.

How do you cause someone else to speed at 77mph in a 30 zone?

I mean, there's no doubt the guy was dangerous and shouldn't be on the roads for a very long time, most 30 zone roads aren't clear enough of potential hazards in the reaction + braking distance for 70+mph driving. I'd support him being put in jail for that, specifically. But responsible for other people's decisions?


I don't think it does set precedence, I'm sure I've read a couple of articles of other people being given custodial sentences for inciting other people to race. Think one guy even got 2 years in prison for racing his friend who ended up crashing into a ditch and killing himself and his passenger.


matto wrote:
Quote:
The judge said...

...he said that although Learoyd’s Fiat, which had previously been written off and is now the subject of separate legal proceedings, had faults, these would not have been a problem if she had not been travelling so fast – “a speed caused by you racing her”, the judge said.


Hmm, maybe not all her fault then if she'd bought a badly repaired shitbox of a car... actually doesn't that still make it her fault if her vehicle wasn't roadworthy?



It doesn't state whether it was written off during her ownership or not.

If a vehicle is badly repaired by some two bit car dealer then sold to some mechanically ignorant person, can they be expected to notice?

Ignorance and naivety is not a justifiable defence, but it is an excuse or reason.
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Andy_Pagin
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PostPosted: 20:43 - 01 Oct 2014    Post subject: Reply with quote

I suspect understanding the sentence based on a short newspaper report is impossible. How often do sentences like this get handed out even to a driver who directly causes an accident? Hardly ever. The whole of the evidence presented by the CPS must have been incredibly damning to warrant twelve years. Also it's an established principle underpinned by some 19th century legislation that if you encourage someone to commit an offence then you are as guilty as they are ("let him have it Chris" for example).
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advocator
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PostPosted: 21:14 - 01 Oct 2014    Post subject: Reply with quote

He admitted guilt to three counts of causing death by dangerous driving, CPS guidelines for level 2 offence (racing) is 4-7 years https://www.cps.gov.uk/legal/s_to_u/sentencing_manual/death_by_dangerous_driving/

Looks like he pretty much got the minimum!
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PostPosted: 21:18 - 01 Oct 2014    Post subject: Reply with quote

Guy is clearly a tool but I don't think he is responsible for the actions of the other guy. As everybody's mum would say "If Jak Parker jumped off a cliff would you?"
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Kris
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PostPosted: 22:09 - 01 Oct 2014    Post subject: Reply with quote

Vincent wrote:
Rogerborg wrote:
Hang on...

Conzar wrote:
What about undercover police that goad people into having a play to nick them afterwards.


...needs answering.



Whereabouts is this happening?


https://www.bikechatforums.com/viewtopic.php?t=222565&postdays=0&postorder=asc&start=0
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