The truck driver if traveling too close (Tailgating) should have received the same sentence in my opinion as they directly caused the death.uart wrote:Yes better than it might have been perhaps. But still, maximum 2 years jail for a death like this is not ideal in my opinion. There really needs to be a specific charge of "death due to road rage" with some serious jail time attached!jasonc wrote:It's the third charge that I appreciate
A few years ago here in Newcastle, a young fella riding to Uni got mowed down by a truck while he was riding well off the main part of the road in the breakdown lane. It turned out that the truck driver was locked in a road rage duel with a car that hadn't let him merge where his left lane ended a 100 metres back. The truck continued along in the breakdown lane, side by side with the car he was "duelling" with. He saw the cyclist but didn't give a fLIck, he didn't brake and he didn't steer, he was so locked into his rage that he just mowed him down. The A-hole ended up serving about 10 or 11 months. There were a load of other aggravating circumstances for the driver too, but seriously that's all he served. This is just unbelievable, but sadly all too true.
Then a year or so ago in Vic, a moron motorist "brake checked" a slow driver that he had just passed. The slow driver braked ok to miss the jerk, but a following truck rear ended the car and it resulted in the death of a rear seat passenger. The "brake checking" driver got about 6 years jail and a massive 8 year disqualification.
So serious penalties can result from death due to road rage, but sadly it seems not (or at least very rarely) if the victim is a cyclist.
I fully support this guy's widow in her call for tougher penalties for cases like this one that took her husband. I'd like to see some of the cycling advocate bodies help this widow out with a campaign to have adequate sentencing for road rage deaths like this. Some kind of lobbying on this issue is really in order.
2018 Cycling Fatalities
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Re: 2018 Cycling Fatalities
Postby gtext » Sat Dec 15, 2018 3:30 pm
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Re: 2018 Cycling Fatalities
Postby silentC » Tue Dec 18, 2018 9:16 am
The problem with this one is that no-one saw it happen. Seems unlikely they will send him to jail but let's see what happens.Yes better than it might have been perhaps. But still, maximum 2 years jail for a death like this is not ideal in my opinion. There really needs to be a specific charge of "death due to road rage" with some serious jail time attached!
I know all of the people in the second photo from the 'RiotACT' link and ride with them weekly. They are a close-knit group and this affected them all. Louise hasn't ridden since the incident as far as I know.
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Re: 2018 Cycling Fatalities
Postby silentC » Tue Dec 18, 2018 10:16 pm
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Re: 2018 Cycling Fatalities
Postby AdelaidePeter » Sun Dec 30, 2018 4:27 pm
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Re: 2018 Cycling Fatalities
Postby AdelaidePeter » Mon Dec 31, 2018 3:36 pm
Earlier story: https://www.standard.net.au/story/58286 ... -hospital/ "Police have identified a cyclist who spent Christmas alone in hospital after he was struck by a car in Warrnambool. The 43-year-old Warrnambool man was airlifted to hospital with serious head injuries after his BMX bike collided with a silver Toyota sedan travelling south on Warrnambool's Morris Road about 8.45pm Christmas Eve. He was not wearing a helmet. Police were unable to establish the identity of the man for about four days."
I've had a look on Google Maps/Earth, and visibility looks very good at that intersection, so who knows what happened. Very sad, RIP.
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Re: 2018 Cycling Fatalities
Postby Thoglette » Mon Dec 31, 2018 7:12 pm
Cyclist dies after crashing into barrier in Adelaide Hills
ABC news 30th Dec wrote: A cyclist has died after hitting a barrier at Crafers West in the Adelaide Hills this morning.
Police say the 46-year-old Woodcroft man died at the scene at about 9:45am on a downhill stretch of Mount Barker Road near Eagle on the Hill.
....
No other vehicles were involved in the crash.
"People are worthy of respect, ideas are not." Peter Ellerton, UQ
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Re: 2018 Cycling Fatalities
Postby jasonc » Mon Dec 31, 2018 10:42 pm
8:45 - so twilight, on a bmx. I'm going to wager no lightsAdelaidePeter wrote:https://www.vicpolicenews.com.au/news/c ... -collision: "A cyclist has died in hospital following a collision with a car in Warrnambool on Christmas eve (24 December). Investigators have been told a silver Toyota sedan was travelling south on Morris Road when it collided with the cyclist at the intersection of Hoddle Street about 8.45pm. The 43-year-old Warrnambool man was airlifted to hospital however died in hospital this morning." (December 31)
Earlier story: https://www.standard.net.au/story/58286 ... -hospital/ "Police have identified a cyclist who spent Christmas alone in hospital after he was struck by a car in Warrnambool. The 43-year-old Warrnambool man was airlifted to hospital with serious head injuries after his BMX bike collided with a silver Toyota sedan travelling south on Warrnambool's Morris Road about 8.45pm Christmas Eve. He was not wearing a helmet. Police were unable to establish the identity of the man for about four days."
I've had a look on Google Maps/Earth, and visibility looks very good at that intersection, so who knows what happened. Very sad, RIP.
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Re: 2018 Cycling Fatalities
Postby AdelaidePeter » Thu Jan 17, 2019 8:50 am
The Uber driver who pulled in front of her (who IMHO was the real offender) was not charged. https://www.abc.net.au/news/2019-01-17/ ... d/10721716
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Re: 2018 Cycling Fatalities
Postby silentC » Thu Feb 07, 2019 3:58 pm
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Re: 2018 Cycling Fatalities
Postby silentC » Thu Feb 07, 2019 5:23 pm
Unfortunately no-one saw what actually took place at the moment of contact, only the moments before and after. So whether David was deliberately pushed, or it was an accidental collision, we will never know.
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Re: 2018 Cycling Fatalities
Postby biker jk » Thu Feb 07, 2019 5:24 pm
The killer had a history of negligent driving and speeding as well. Judicial discretion over sentencing needs to be removed.uart wrote:Shockingly inadequate sentence!
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Re: 2018 Cycling Fatalities
Postby uart » Thu Feb 07, 2019 5:32 pm
Hi SilentC, do you know if the driver sustained any injuries in the "collision". My understanding is that there were no reported injuries to him on the day.silentC wrote:Unfortunately no-one saw what actually took place at the moment of contact, only the moments before and after. So whether David was deliberately pushed, or it was an accidental collision, we will never know.
If this is the case then it is overwhelmingly unlikely that there was ever a collision. The most likely thing would be that the driver punched, pushed or otherwise knocked the cyclist off his bike. I don't know why this aspect was never pursued by the prosecution.
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Re: 2018 Cycling Fatalities
Postby silentC » Thu Feb 07, 2019 5:49 pm
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Re: 2018 Cycling Fatalities
Postby AdelaidePeter » Thu Feb 07, 2019 5:51 pm
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Re: 2018 Cycling Fatalities
Postby silentC » Thu Feb 07, 2019 6:04 pm
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Re: 2018 Cycling Fatalities
Postby antigee » Sat Feb 09, 2019 11:43 am
a very sad story and reading his wife's comments was gut wrenchingAdelaidePeter wrote:Unprovoked attack on victim causes victim to fall and have a fatal injury. It doesn't seem very different to a "coward's punch" death, to me.
left wondering if the prosecution service and police could have come up with some more effective charges if the press had treated story differently, how about....
"Angry 37year old man jumps out of ute and kills pensioner" ?
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Re: 2018 Cycling Fatalities
Postby uart » Sat Feb 09, 2019 1:28 pm
I felt exactly the same way reading that antigee.antigee wrote:a very sad story and reading his wife's comments was gut wrenching
TBH, if the victim was anyone other than an adult male cyclist then I'm sure that the legal outcome would have been very different. Sadly it seems that adult male cyclists are perceived as the absolute the lowest of the low in terms of victim status, basically that they deserve anything that they get. I seriously believe that the courts are just reflecting the prevailing public attitude in this regard.left wondering if the prosecution service and police could have come up with some more effective charges if the press had treated story differently, how about....
"Angry 37year old man jumps out of ute and kills pensioner" ?
I am not joking about this, there is just no other way that some of the sentences of motorist who have killed cyclists can be viewed.
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Re: 2018 Cycling Fatalities
Postby uart » Thu Mar 14, 2019 9:57 am
Channels Nine's "A Current Affair" program did a story on David Brand's death last night (Wed 13 Mar). His killer, Nathan Cumming, was interviewed briefly.
If anyone is interested, it is currently available on their Nine-Now catch up TV site. https://www.9now.com.au/
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Re: 2018 Cycling Fatalities
Postby silentC » Fri Mar 15, 2019 9:26 am
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Re: 2018 Cycling Fatalities
Postby Bunged Knee » Thu Mar 21, 2019 11:28 am
Wrong year and been mentioned in yesterday`s sticky 2019 thread at 11.50am.
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Re: 2018 Cycling Fatalities
Postby uart » Thu Mar 21, 2019 11:42 am
Whoops. I didn't see the sticky and just scrolled to the first fatalities thread I saw.Bunged Knee wrote:Wrong year.
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Re: 2018 Cycling Fatalities
Postby Scott_C » Mon Jun 10, 2019 8:25 pm
Despite hitting the cyclist in the emergency lane from behind at 100kph the truck driver in this incident received the traditional slap on the wrist with a wet lettuce leaf (suspended sentence and 2 year disqualification from driving):Aushiker wrote:Scott_C wrote:A cyclist died today in a collision with a truck on Old Coast Road/Forrest Highway in Binningup WA.
https://www.watoday.com.au/national/wes ... 4zj84.htmland a more personal message from the WA Audax Club ...It is with sadness that I need to let club members know that this news has been received from Western Australia.
Audax Australia has been informed that a rider has died at approximately 11:30 am on Sunday near Binningup while participating in a club ride.
I have on behalf of the club offered the regional president, the ride organiser and the family any support it is possible for us to provide.
Our thoughts and sympathies are with the rider's family and friends at this sad time.
Audax Australia representatives will cooperate fully with the relevant authorities in Western Australia as this tragic event is investigated.
Garry Wall,
President
Audax Australia Cycling Club
Hello Fellow Audax members,
It is with great sadness, that I inform you that the cyclist who was killed on the Forrest Highway on Sunday 3rd of June was indeed a WA Audax member. Shiva was a recent Audax WA member but an experienced rider, from India. He was very excited to be completing his first 600km ride in Australia after having just completed his first 300km ride here. There are no details as to how this accident occurred and we will have to await a coroners report in two to three months.
I am unsure of any funeral details at this stage. Shiva's family are Hindu and at this stage keen to return Shiva to India for a funeral service, with family and friends.
I did have the pleasure of spending Saturday and fortunately Sunday with Shiva's wife Ajay and 7 year old son ‘Vee’, during the course of doing support for this ride. I spent several hours with Ajay at Bunbury Hospital after the news of the accident. I have passed on condolences on behalf of Audax and its members at this very traumatic time.
I am sure you will keep them all in your thoughts and prayers.
Regards
https://thewest.com.au/news/court-justi ... 881226254z
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Re: 2018 Cycling Fatalities
Postby Cheesewheel » Mon Jun 10, 2019 8:58 pm
SMIDSY = wet lettuce leaf thrashingScott_C wrote:Despite hitting the cyclist in the emergency lane from behind at 100kph the truck driver in this incident received the traditional slap on the wrist with a wet lettuce leaf (suspended sentence and 2 year disqualification from driving):Aushiker wrote:Scott_C wrote:A cyclist died today in a collision with a truck on Old Coast Road/Forrest Highway in Binningup WA.
https://www.watoday.com.au/national/wes ... 4zj84.htmland a more personal message from the WA Audax Club ...It is with sadness that I need to let club members know that this news has been received from Western Australia.
Audax Australia has been informed that a rider has died at approximately 11:30 am on Sunday near Binningup while participating in a club ride.
I have on behalf of the club offered the regional president, the ride organiser and the family any support it is possible for us to provide.
Our thoughts and sympathies are with the rider's family and friends at this sad time.
Audax Australia representatives will cooperate fully with the relevant authorities in Western Australia as this tragic event is investigated.
Garry Wall,
President
Audax Australia Cycling Club
Hello Fellow Audax members,
It is with great sadness, that I inform you that the cyclist who was killed on the Forrest Highway on Sunday 3rd of June was indeed a WA Audax member. Shiva was a recent Audax WA member but an experienced rider, from India. He was very excited to be completing his first 600km ride in Australia after having just completed his first 300km ride here. There are no details as to how this accident occurred and we will have to await a coroners report in two to three months.
I am unsure of any funeral details at this stage. Shiva's family are Hindu and at this stage keen to return Shiva to India for a funeral service, with family and friends.
I did have the pleasure of spending Saturday and fortunately Sunday with Shiva's wife Ajay and 7 year old son ‘Vee’, during the course of doing support for this ride. I spent several hours with Ajay at Bunbury Hospital after the news of the accident. I have passed on condolences on behalf of Audax and its members at this very traumatic time.
I am sure you will keep them all in your thoughts and prayers.
Regards
https://thewest.com.au/news/court-justi ... 881226254z
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