Van driver's momentary lapse of attention led to death of cyclist
A VAN driver's momentary lapse of attention at a "difficult" road junction cost the life of a university professor cycling close to him, a court was told.
Benjamin Stallard failed to see Dr Steven Morris when he joined the A370 by the Ashton Gate underpass, Bristol Crown Court heard.
Unbeknown to Stallard, his van clipped Dr Morris' handlebars, causing him to lose control and somersault over the handlebars on to the road. The 52-year-old father-of- three died 12 hours later, having suffered multiple head injuries – even though he was wearing a helmet.
Stallard, 25, of Westbury Road, Westbury-on-Trym, admitted causing death by careless driving in August last year.
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The Recorder of Bristol His Honour Judge Neil Ford QC imposed a two-year community order, involving 200 hours of unpaid work, and ordered Stallard to pay £350 costs.
He banned him from driving for two years and endorsed his driving licence.
The judge told him: "There is no evidence of excessive speed or of aggressive or impaired driving. You failed to notice a cyclist when emerging from a difficult junction.
"The case involves a vulnerable road user and motorists have an obligation to take particular care to look for cyclists and motorcyclists."
Simon Morgan, prosecuting, said Dr Morris, a professor at the University of Bristol, left home for work at 6.40am and cycled his normal route on the A370 towards the Cumberland Basin.
He described how a pathologist driving on the road at 7.15am saw Dr Morris wobble and fall and he stopped and attended to him.
Mr Morgan said: "He thought he had suffered a fractured skull. He said the defendant parked his vehicle, returned to the scene and said he had seen the cyclist somersault off his bike behind him."
The court heard Dr Morris was conveyed to hospital but was pronounced dead at 6.37pm, having suffered "unsurvivable" injuries for which surgery was discounted.
A police accident reconstruction concluded the van must have clipped the bicycle as it joined the A370. Stallard gave a negative breath test and the van was roadworthy.
Stallard told police he had held a driving licence for seven years and drove 15,000 to 20,000 miles a year.
He said before the crash he had been either driving or working for the past 13 hours, but he was not tired or distracted and had thought the road was clear. The court heard he had a conviction for speeding in 2006, and a conviction for driving while using a mobile phone in 2008.
Mr Morgan said Dr Morris left a wife of 24 years, a daughter in her 20s and twin boys aged 19, one of whom is disabled.
Jennifer Tallentire, defending, said Stallard was familiar with the junction and prosecution evidence suggested there would have been up to five seconds when he should have seen Dr Morris. She described how Stallard saw the cyclist fall in his mirror, stopped and went back to assist.
She said: "He is a hard-working, decent young man. He is not anything other than utterly remorseful and deeply distressed. He has lived with the consequences of the accident for a little over a year."
Comments
by Twarny, Derby
Friday, October 22 2010, 8:19PM
“This is a tragic case for everyone concerned, but mostly for Dr Morris's family, and my heart goes out to them. If anyone accidentally kills someone else there has to be a high price to pay. It is too easy to hide behind "it was a busy junction", if it's busy people need to take more time to make sure everyone is safe. Failing to see the cyclist, or mentally register they are there, is a serious issue. If I had done this thing, I would also be devastated, but would not think a custodial sentence was inappropriate. Unless there is a real deterrent, too many people will fail to take their responsibilities seriously. Too many people take driving far too casually, even if they do not intend to. The sentence was far too lenient and does nothing to encourage safer driving.”
by Everyone, Everywhere
Thursday, October 21 2010, 6:45PM
“At least the regular anti-cycling idiots have resisted "joining in" the discussion here....
Ron, Bristol
And will you (Ron/Pedro Mendes) extend the same courtesy when a motorist is killing/injured? I won't hold my breath.”
by Ron, Bristol
Thursday, October 21 2010, 12:44PM
“And there we go. The idiot rob, with his tales of fantasies”
by rob (not the first poster), Bristol
Thursday, October 21 2010, 10:02AM
“First of all, my deep condolences to the family of Dr Morris.
First of all, it has been proven to be a tragic accident so all the procyclists should accept that. Why should the fact he has been working 13hours even enter into that equasion? I have done the same on a regular basis and am still alert enough to be careful (if i am tired, i take a bus, simple)
The van driver in question was obviously distracted for a few seconds and unfortunately, someone lost there life. It is not manslaughter and i believe he has paid for it as dont forget, he will have to live with this for the rest of his life, that in itself is a sentence.
I notice that the cyclist lobby once again come up and say all motorists should have a man with a red flag in front again? Well, whilst walking to town yesterday (i live in St Annes, own a car but walk a lot as well) i got clipped by a cyclist as i crossed the road. Pedestrian light was green, cars were stopped waiting for the green light but a cyclist decided the lights didnt mean anything to him and rode straight through, narrowly missing a young child and hitting me in the process.
What did i recieve for this? Well, began with w and ended in r and sounds like banker.
Until both motorists AND cyclists obey the highway code, this kind of terrible accident will always be an occurance and people will end up as numbers on someones chart.”
by Ron, Bristol
Thursday, October 21 2010, 7:27AM
“At least the regular anti-cycling idiots have resisted "joining in" the discussion here....”
by Dan, On the big hill
Wednesday, October 20 2010, 7:37PM
“Brian, there is a way of appealing. Road safety charities have done as much a couple of times in the past but its quite costly and labourous.
The shocking thing is its not just cyclists dying. Pedestrians and other drivers are being picked off daily, and the general population just doesnt seem to care.. that is until it happens to either themselves or someone they know. Then the slap in the face has even more of a sting to it.”
by Brian, Bristol
Wednesday, October 20 2010, 6:21PM
“My thoughts go to the bereaved family.
What a disgusting sentence. Take someone's life with a car and the law doesn't care. Kill a cyclist with a van and all you get is a slapped wrist. Is there any way of objecting this scandalous sentence? and getting this judge removed?”
by Arthur Nesbitt, Bristol
Wednesday, October 20 2010, 6:10PM
“My sympathies to the relatives of Dr Steven Morris.
So another cyclist dies because a driver wasn't looking where he was going. He has a record of failing to observe the law whilst driving, and putting other road users at risk, so why wasn't he jailed for killing this innocent cyclist?
Make the punishment fit the crime, and drivers who kill should never be allowed to drive again, never mind a two year ban, a small fine and a bit of community service.
The driver admitted that he had been driving or working for 13 straight hours, but said he wasn't tired. If he wasn't tired, how did he not see a cyclist right in front of him? If he didn't see him, how come he saw him fall off in his mirror? IMHO, he knew the cyclist was there, knew he'd passed him dangerously close and was looking in his mirror to see if he'd hit him, something which happens with monotonous regularity on my daily commute.
The judge said "The case involves a vulnerable road user and motorists have an obligation to take particular care to look for cyclists and motorcyclists." Except in his court apparently.
Perhaps all you cyclists wearing helmets will finally start to realise that they don't work.”
by Dan, on the big hill
Wednesday, October 20 2010, 5:17PM
“Kelly. What has that drivel you have written got to do with a man who was going about his lawful rights and acting in a completely legal manner?
Please have a little more respect.
RIP to this man. A truly disgusting sentance - the woman who put a cat in a wheely bin got a more severe sentence!”
by Rupert, Bristol
Wednesday, October 20 2010, 1:33PM
“The difference between motorists being careless and/or breaking the law and cyclists consciously breaking the law like kelly mentions, is VERY obvious and should not be ignored..
A collision with a car is far more likely to end in a fatality, due to it's size, weight, speed and density..
A lot of car drivers seem to be oblivious to this VERY SIMPLE FACT.
We should not be comparing how dangerous bikes are with cars.”