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MarJay
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PostPosted: 09:47 - 14 Mar 2011    Post subject: Has it become standard practice... Reply with quote

... To prosecute all riders in a group when a member of the group has a fatal accident?

https://www.bbc.co.uk/news/uk-england-12730242

https://www.bbc.co.uk/news/uk-england-berkshire-12725899

I don't understand how the police and CPS can consider the members of a group to be culpable for the decisions of one member? Ultimately we all ride for ourselves don't we?

It certainly seems to set a rather scary precident...
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P.addy
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PostPosted: 09:55 - 14 Mar 2011    Post subject: Reply with quote

Well, I think its majorly unfair..
Im a fairly slow rider but I like to open a bike up every now and then, but I do ride with far more competent riders than myself who, obviously abuse their bikes with wheelies and the like Laughing

If I got in shit because of them, i'd be real pissed! As would most of us.

Its like a while back on the news there was a group of bikers, one guy was topping over a ton and they were following.. I cant recall who got in shit for that..
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CaNsA
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PostPosted: 09:55 - 14 Mar 2011    Post subject: Reply with quote

I can see your point (its tiny Wink )
But we dont know what the rozzers found when "Five men arrested in raids across West Yorkshire"

There may have been some blatantly obvious video evidence which gives reasons for them to be held responsible.

Note they have been charged, but not found guilty and are on bail until the 31st march.

Looking at the picture of the couple that died hits it home that it could easily be me and mine if you catch my drift.
https://www.yorkpress.co.uk/resources/images/1593519/?type=display

https://www.yorkpress.co.uk/news/8906797.Five_charged_over_Tadcaster_double_death_crash
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Paxovasa
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PostPosted: 09:58 - 14 Mar 2011    Post subject: Reply with quote

It is down to the individual rider. But when in a group, you do feel like you have to keep up with the fastest rider.

If you are not comfortable riding with a group of bikers, then don't ride with them.
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paddlesat16
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PostPosted: 10:00 - 14 Mar 2011    Post subject: Reply with quote

I wouldn't have thought they have set a precident just yet, it's for the police to show to the CPS how the group were to blame for the accident and subsequent deaths.

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MarJay
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PostPosted: 10:04 - 14 Mar 2011    Post subject: Reply with quote

The BBC didn't mention anything about raids... Plus it didn't mention the date of the accident... August 25 last year.

Ok, so maybe I got the wrong end of the stick with that a bit, I figured that the crash happened recently and the men were charged as they were arrested at the scene.

Still, the hungerford crash sounds a little ominous, although I can understand how a single rider could cause an accident, rather than an entire group.
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Kwaks
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PostPosted: 10:06 - 14 Mar 2011    Post subject: Reply with quote

So all taxi drivers in a firm will be charged if one causes a death on the roads?

All tanker drivers?

TBH can't see how they could be found guilty of those charges, but then again it is the decision of the CPS whether they should be tried on them. I expect a late offer of reduced charges in exchange for a guilty plea.

Remember we live in a cuntry (sic) where charges have to be brought after any incident on the road Wink
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hellkat
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PostPosted: 10:13 - 14 Mar 2011    Post subject: Reply with quote

There must be a particular reason for it.

I think of this only because almost a year ago now, a friend of mine died in an accident whilst riding in a big pack. So far as I know, none of the others he was riding with were prosecuted for any offences within the remit of the accident itself.
https://www.huntspost.co.uk/news/latest-news/biker_was_distracted_during_fatal_crash_at_alconbury_1_552245

I expect that there must be a reason for the police to have considered charging the people described in the original post. The other riders must surely have been riding dangerously, and been observed just prior to the accident.
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Last edited by hellkat on 10:17 - 14 Mar 2011; edited 1 time in total
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MinhDinh
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PostPosted: 10:13 - 14 Mar 2011    Post subject: Reply with quote

Well, I guess if one guy is faster than you, and you all speed to catch up, maybe it is in some ways there is blame on the group as a whole, if you ride like knobheads and speed etc... however not enough to go prison for me.

We all ride and know the risks, and we all control that throttle.
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dogbot
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PostPosted: 10:24 - 14 Mar 2011    Post subject: Reply with quote

They've been charged with "causing death by dangerous driving", which would suggest there's something the police or CPS felt was sufficient to point to them bearing responsibility...
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JP7
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PostPosted: 10:36 - 14 Mar 2011    Post subject: Reply with quote

I'll be interested to see what the circumstances of this collision were, it sounds like there must have been some crazy riding going on before the crash happened. I wonder what actions the other riders took to make them responsible?

The CPS demand quite a high probability of winning a case before they will prosecute, so there must be some evidence of wrongdoing if they've decided to go to court with it.
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MarJay
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PostPosted: 10:40 - 14 Mar 2011    Post subject: Reply with quote

hellkat wrote:
https://www.huntspost.co.uk/news/latest-news/biker_was_distracted_during_fatal_crash_at_alconbury_1_552245

They were all riding within the speed limit on a relatively straight road.

I suppose what I'm getting at is: If all the members of the group are riding dangerously... how is it the group's fault that a single member was killed? If he wasn't happy riding at that speed he could have simply slowed down couldn't he?

To a certain extent I'm playing devils advocate because I hate riding in groups anyway. It is too easy to get sucked up into riding beyond your limits... but does that make it the lead riders fault that you do?

The lead rider in a group has no direct control over any other member's bike, and therefore how can he or she be responsible for an accident that befalls that bike and rider?
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CaNsA
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PostPosted: 10:42 - 14 Mar 2011    Post subject: Reply with quote

We shall see if any video footage from a bike/helmet cam ever gets released.
Maybe they were all popping wheelies, we just dont know.
And yes, BCF is very good at "Speculation" Very Happy
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G
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PostPosted: 10:55 - 14 Mar 2011    Post subject: Reply with quote

MarJay wrote:

I suppose what I'm getting at is: If all the members of the group are riding dangerously... how is it the group's fault that a single member was killed? If he wasn't happy riding at that speed he could have simply slowed down couldn't he?

Indeed. What about the kid at the side of the road making a 'wheelie' sign, even the police car that flies past them with blues and twos on for some other emergency?
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Gerrard
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PostPosted: 11:03 - 14 Mar 2011    Post subject: Reply with quote

CaNsA wrote:
We shall see if any video footage from a bike/helmet cam ever gets released.
Maybe they were all popping wheelies, we just dont know.
And yes, BCF is very good at "Speculation" Very Happy


Just being the devils advocate here as I agree with what CaNsA said.

Why would you want a helmet cam on if you are going to ride properly and within the limits of safe riding.
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CaNsA
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PostPosted: 11:06 - 14 Mar 2011    Post subject: Reply with quote

Gerrard wrote:

Why would you want a helmet cam on if you are going to ride properly and within the limits of safe riding.


Many people here use them every day while commuting. Handy if some-one pulls out on you and there is a collision....
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Paxovasa
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PostPosted: 11:10 - 14 Mar 2011    Post subject: Reply with quote

CaNsA wrote:

Many people here use them every day while commuting. Handy if some-one pulls out on you and there is a collision....


I prefer to use forward observation. Wink
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hellkat
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PostPosted: 11:19 - 14 Mar 2011    Post subject: Reply with quote

MarJay wrote:
hellkat wrote:
https://www.huntspost.co.uk/news/latest-news/biker_was_distracted_during_fatal_crash_at_alconbury_1_552245

They were all riding within the speed limit on a relatively straight road.

I suppose what I'm getting at is: If all the members of the group are riding dangerously... how is it the group's fault that a single member was killed? If he wasn't happy riding at that speed he could have simply slowed down couldn't he?

To a certain extent I'm playing devils advocate because I hate riding in groups anyway. It is too easy to get sucked up into riding beyond your limits... but does that make it the lead riders fault that you do?

The lead rider in a group has no direct control over any other member's bike, and therefore how can he or she be responsible for an accident that befalls that bike and rider?


Yes but that is my point.

The CPS would only be charging people who perhaps were riding dangerously as individuals, and who were seen to have caused the accident by doing so. They have not been charged with manslaughter, but with "causing death by dangerous driving"? (and, in two instances, without insurance Exclamation )

Now I do not know enough about law to know how that pans out with the difference between such charges, but that must be where it impacts upon the culpability of whose riding was directly responsible (or not) for the deaths.

(? does that make sense? it does to me, LOL)

I hate riding in packs as well, as it goes.
(I rarely ride with even one other person, and even then it would usually only be my bloke)

And mainly for exactly that reason: I refuse to play keepy uppy games, because I know I'm slow and rubbish, and I wouldn't want to put myself at risk just to keep up with someone else's schedule, or their vision of themself as an urban warrior.
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CaNsA
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PostPosted: 11:28 - 14 Mar 2011    Post subject: Reply with quote

Paxovasa wrote:
CaNsA wrote:

Many people here use them every day while commuting. Handy if some-one pulls out on you and there is a collision....


I prefer to use forward observation. Wink


Not really gonna do you any good if its your word against theirs......
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Kickstart
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PostPosted: 11:32 - 14 Mar 2011    Post subject: Reply with quote

hellkat wrote:

The CPS would only be charging people who perhaps were riding dangerously as individuals, and who were seen to have caused the accident by doing so. They have not been charged with manslaughter, but with "causing death by dangerous driving"? (and, in two instances, without insurance Exclamation )


As I understand it they wheel out causing death by dangerous driving it someone was committing an offense and could be said to be involved, even if the person nor the offense were necessarily the cause of the accident.

All the best

Keith
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iooi
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PostPosted: 11:53 - 14 Mar 2011    Post subject: Reply with quote

When serving my jury service I was unlucky enough to sit on the jury where a biker had been killed by a car driver.

The case was against 5 drivers in total. They all worked at the same place and it was alledged that they were racing on the M62. One driver was so far in front and another a long way behind.
The driver that caused the accident had undertaken a car in the outside lane and then swerved back in front to avoid a car in the middle lane. Straight into the side of the biker.
he pleaded gulity (got 10 years)
The other's pleaded not guilty. The 2 that were closest to the accident got away scott free (judges ruling), as did the driver in front. For some reason none of us on the jury could understand we were told by the judge that we had to find the rear most driver guilty of dangerous driving.... Given that we, from the police and witness evedence had already decided he was so far away that he was not involved in anyway and would have cleared him. he got 3 years....
One of the jury had to be restrained by the usher in charge as he was on his way back to court to give the judge a right ear bashing as he clearly had not listened to one bit of the evidence and decided that the young lad needed to be taught a leason, while the two middle aged drivers who were in the thick of it were in no way to blame.

I think that someone had a word with the lads faimly as he was not seen again after this.

To get back to the OP, clearly the police have enough evidence to take a case forward that ALL their riding helped to contribute to the accident.
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hellkat
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PostPosted: 11:58 - 14 Mar 2011    Post subject: Reply with quote

iooi wrote:
When serving my jury service I was unlucky enough to sit on the jury where a biker had been killed by a car driver.

That's an interesting dilemma.
Could you not ask to sit out that one, as I am pretty certain I would be unable to be unbiased on that one.
Sad
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Acemastr
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PostPosted: 12:25 - 14 Mar 2011    Post subject: Reply with quote

hellkat wrote:
There must be a particular reason for it.

I think of this only because almost a year ago now, a friend of mine died in an accident whilst riding in a big pack. So far as I know, none of the others he was riding with were prosecuted for any offences within the remit of the accident itself.
https://www.huntspost.co.uk/news/latest-news/biker_was_distracted_during_fatal_crash_at_alconbury_1_552245

I expect that there must be a reason for the police to have considered charging the people described in the original post. The other riders must surely have been riding dangerously, and been observed just prior to the accident.


Are you local to Alconbury? Always thought you were miles away. I'm in Huntingdon (literally up the road)
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G
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PostPosted: 12:54 - 14 Mar 2011    Post subject: Reply with quote

iooi wrote:
For some reason none of us on the jury could understand we were told by the judge that we had to find the rear most driver guilty of dangerous driving....

How does this work, out of interest?
I thought as a jury member you could just say "not guilty".
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hellkat
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PostPosted: 13:25 - 14 Mar 2011    Post subject: Reply with quote

Acemastr wrote:

Are you local to Alconbury? Always thought you were miles away. I'm in Huntingdon (literally up the road)

No, I'm not.
I am "miles away" ... in London Cool
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