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Discussion Starter #1
It seems not looking where you are going isn't even careless now.

from SMIDSY biker killer cleared - Motorcycle news : General news - Visordown

MCN said:
A CAR DRIVER who killed a motorcyclist after pulling out into his path, has been cleared in court.

Ian Duncan MacIntyre, 58, of Shepreth Road, Foxton, Cambridgeshire, pulled out of a junction at the A155 at Hagnaby in his Jaguar XF car into the path of David Blackburn, 53, from the nearby village of West Keal. Mr Blackburn was riding his Ducati and died as a result of the crash.

The prosecution alleged Mr MacIntyre was driving carelessly when he pulled out of a staggered junction into the path of Mr Blackburn's motorcycle. The jury heard how Mr Blackburn's front headlight would have been automatically on. Mr MacIntyre denied the charge of causing death by careless driving.

The jury at Lincoln Crown Court cleared Mr MacIntyre of causing Mr Blackburn's death by careless driving after hearing he simply did not see the motorbike coming.

Mr Blackburn leaves behind his wife and five children.
 

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OVALTEENY !!!
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That sucks
 

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SOTGATT
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That Sucks Out Loud !!

I assume his insurance will be paying compensation.....still his fault isn't it?

Won't bring him back though.:(
 

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pdsquire had interesting input on a thread 'lorry via biker' would be interested to know what additional info he brings to this decision.

On the surface outrageous !!!!!

Sympathy to the bikers family.
 

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Craigypops
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He didn't see him because he didn't look or didn't look properly, thus, careless driving in my opinion.

I actually know this can happen because just a couple of days ago i was dropping the little un off and her m8 and was rushing coz i wanted to get back, i wasn't speeding but just in a rush and as i approached a T-junction i glanced right and glanced left and a 4x4 caught my eye and for a split second i thought i can get out before him but something made me stop (i suddenly thought i couldn't make it) so i stopped at the junction and just as i did a cyclist cut in front of my car. The cyclist was turning right into the road i was coming out of and i hold my hands up and admit i just didn't see him, because i didn't look properly. The cyclist was completely in the right and doing everything right, i would have been in the wrong.

It made me shudder to think what might have happened had i pulled out quickly in a rush having not stopped and looked properly, i could have killed the guy. I gave myself a mental slap and booked my ideas up, i got away with it and lesson learnt.

What pissed me off more with myself is that i usually drive my car with such care and pride myself with always indicating etc... that one time i didn't and look what nearly happened, it was stupid and i should know better.

Had i pulled out and killed him could i then use the excuse that i just didn't see him therefore i'm guilty of anything?

PD's view will indeed be interesting.



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A bit more info here:

Jury clears man over fatal road crash near West Keal - Traffic & Transport - Skegness Standard

Seems the chap on the bike was coming out of the sun and the driver was unable to see him. The rider's headlight was the type that cannot be turned off.

I wonder whether this will cause questions to be asked about always on headlights. The biker's headlight would have camouflaged him rather well against a backlighting of a low sun. When I taught CBT we actually told pupils it was wise to NOT use a headlight if they were coming out of the sun specifically for this reason. I have always maintained that removing a rider's discretion as to when to use a headlight and when not to was a potentially lethal decision. My old CB-1 had always on lights and I retro fitted full light controls. My TA has normal lights but I understand later models remove the rider's control.

Very sad for all involved but the person who decided that always on lights were a good idea will no doubt be alive and well and being paid an overly generous salary. Grrr.
 
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