Re: Emma Foa's death- verdict announced

Sara Kirk wrote:
In article <5_mdnTjYEZs5iZjaRVnysAA@xxxxxxxxx>,
JNugent <not.telling@xxxxxxxxxxxxxxxxxxxxxxxxx> wrote:


Sara Kirk wrote:


JNugent <not.telling@xxxxxxxxxxxxxxxxxxxxxxxxx> wrote:

[snip]

That is the only way in which the "criticism" of the driver for looking at papers whilst stopped...

The report indicated that he was still looking at papers whilst moving.

That is terrible if true (even if his looking at papers whilst turning left at a junction somehow seems counter-intuitive), but it isn't what was said in the reports I've seen. The impression I had was that the driver was looking at papers whilst stationary.

Actually, with that addition, it becomes easier to understand how he pleaded guilty to DWDCAA. Of course, he still couldn't have seen through the steel body of the cab even if he had not looked at any papers - and this type of collision is far too common for the reading of papers whilst turning left to be the cause of them all, as I'm sure you'll agree.


I think it was appalling that anyone turns without looking where they're going - let alone anywhere eles. I'm not sure why you keep trying to excuse the driver.

The guy drove off and turned a corner without looking. Someone died.

It isn't at all clear that he would have been able to see the cyclist, even if he had directed 150% of his attention to the task at hand. Rather, the evidence points the other way.

This "excusing" of the driver that you mention is merely a refusal to condemn him for something he could not help. Had he been responsible for the death, he'd have been done for "death by dangerous" or "death by careless". But we know he wasn't - don't we?

But at least, thanks to your sharp-eyed reading of the report, it is now clear why he pleaded guilty to "careless driving" (something which I confess had puzzled me). If he was looking at papers whilst on the move, he would be guilty of that even if there hadn't been another road-user within a mile.
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Relevant Pages

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  • Re: Emma Foas death- verdict announced
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    (uk.rec.cycling)
  • Re: Emma Foas death- verdict announced
    ... the "criticism" of the driver for looking at papers whilst stopped... ... That is terrible if true (even if his looking at papers whilst turning left at a junction somehow seems counter-intuitive), but it isn't what was said in the reports I've seen. ... The impression I had was that the driver was looking at papers whilst stationary. ...
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