Cycles vs Large Vehicles

Vaccinate your Operation or you may be told to “Get on your Bike”!

Cycle safety is now a critical issue particularly in London, where cyclists are at an all time high with over 600,000 cycle journeys a day in the capital. Every cyclist is in a very vulnerable position when using our road network. Cyclists and large vehicles are not easily compatible on the typical crowded, narrow winding and cluttered roads in our towns and cities. However like it or not, for the foreseeable future we are all going to have to share this ever more crowded space.

Then comes the word “blame”. As a solicitor who has represented operators and drivers for 20 years in all sorts of cases involving investigations into serious road traffic accidents, blame is always a key factor. For serious road traffic incidents, as they are now called, the driver does not necessarily have to be wholly to blame to be guilty of offences such as dangerous driving or careless driving. When there is a death involved, causing that death becomes part of the offence and the sentencing involves almost inevitable imprisonment. As long as the inappropriate driving was part of the cause of the death then these offences can be made out.

Having dealt with a large number of cyclist related accidents over the years, it is fair to say in the vast majority of instances the person at fault was in fact the cyclist. Usually by failure to follow the Highway Code and on the face of it not obeying common sense. In other words they put themselves in harms way.

From a criminal perspective that may mean you can run a good argument to get an acquittal for the driver involved, although even if the cyclist has done something stupid, that does not automatically provide a defence if the manner of driving still fell below the standard expected.

In any event whilst these points matter to the driver in an investigation, no one wants to be in that driver’s position if they can possibly avoid it! Prevention is certainly better than cure. Drivers involved in a fatal road traffic incident may find themselves arrested, their fingerprints, photograph and DNA taken and held at a police station in a cell, which is not a pleasant experience for the uninitiated. This will often be shortly after the incident itself and the driver may well be very upset and shocked as the whole process is extremely stressful. The investigation may well take months with a number of police PACE interviews where the driver is reminded of the events time and time again, whilst it is crawled over looking for any element of failure by the driver. It is obvious how much stress this puts on not only the driver, but his family and friends also. This can all happen and often does, even if the driver has no criminal responsibility at all in the end.

All this does not end with the driver, the employer may well be visited and asked to assist in the investigation. Sometimes this may include the seizure of their documents including the maintenance records, training records and driver’s hours records. The police will be looking to see if the employer “aided and abetted” the incident by failing in their management obligations, which could result in the arrest and detention of the directors and / or transport manager.

In essence, one significant incident may well create a lot of major business and personal upset for both the driver and the business employees. In my experience, more often than not there is ultimately nothing wrong with the driving or operation.

So for all concerned prevention is better than cure.

In this case therefore what is the vaccine?

The primary vaccine is constant vigilance. By reminding drivers through documented training to remain constantly aware of the unseen, who may be in the blind spots on their vehicles. There are schemes out there now putting drivers on bikes to demonstrate what it is actually like when cycling, i.e. seeing it from the other perspective.

Secondly fitting the vehicles with equipment designed to assist the drivers in identifying those vulnerable people that may be hidden at first glance.

Thirdly, assisting the cycling community in its awareness of the issues of manoeuvring large vehicles in the busy streets. This can be done by contacting cycling clubs and inviting them to visit the yard and see for themselves what the blind spots are actually like, encouraging them through experience to keep clear. Remember many cyclists may never drive nor have a licence, they do not necessarily know the Highway Code nor do they have to pass any test. What may be obvious common sense to you and the driver may in fact be completely alien to the cyclist who has no real knowledge of the issues.

In essence no right thinking person wants to seriously injure or kill another person, so the main objective is to develop systems and training to prevent as far as possible, this ever effecting your lives and businesses.

TfL’s Safer Lorry Scheme in London are now dictating the equipment you will be expected to have on your vehicles, which is over and above that required by the European legislation. Whilst no one likes to have more costs and regulatory burdens put on their business, you may well find you cannot obtain work in London without meeting the requirements. Non-compliance ranking may work against you in tendering rounds, if not ruling you out altogether as with the FORS accreditation. Remember the objective is to save lives which must be in the interests of us all.

Submitted by Backhouse Jones Solicitors

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