Author Topic: Eilidh Cairns inquest- "Road too narrow to overtake"  (Read 39401 times)

spindrift

Eilidh Cairns inquest- "Road too narrow to overtake"
« on: 22 January, 2010, 06:14:47 pm »
A cyclist was crushed to death by a tipper lorry at an accident blackspot where the road was too narrow for the vehicle, an inquest heard today.

TV producer Eilidh Cairns, 30, died from multiple injuries after the rush-hour collision at a pedestrian crossing near Pembridge Road, Notting Hill. The road narrowed to two metres at that point and the truck, driven by Joao Lopes, was 2.5 metres wide, Westminster coroner's court heard.

As Ms Cairns lay trapped under the wheels at 9am on 5 February last year, she pleaded with a woman to stay with her until the ambulance arrived. Eyewitnesses Melinda Ross told the inquest in a statement:

 “I heard a loud bang and a scream. I saw a woman trapped under the second wheel of the lorry.

“Her body from the waist down was under the tyre itself. She asked me to help her and not to leave. She found it hard to breathe and was in pain.

“She kept asking where the ambulance was and I stayed with her and tried to keep her calm.”


 Ms Cairns, of Kentish Town, died in hospital at 10.48.


Lorry kills cyclist on road too narrow for it to pass | News

Last year, before the inquest:


Around 30 London cyclists, including representatives from LCC, assembled and then handed in a statement of protest (see below) at the Crown Prosecution Service, 50 Ludgate Hill, London, on Friday 3 July 2009.

The protestors were objecting to the lax treatment of motorists who kill vulnerable road users.

We are cyclists of London, gathered here this afternoon, in a quiet protest and short vigil in memory of all our fellow cyclists killed by the drivers of vehicles; several more during this year already.

In particular we think of Eilidh Cairns, 30, who was killed at Notting Hill Gate by a tipper lorry driver on 5th February this year, and of Anthony Maynard, 25, who was killed north of Henley by a van driver exactly a year ago.

We make our protest here at the London Crown Prosecution Service (CPS), to remind Ms Dru Sharpling, Chief Crown Prosecutor, of the decision of her colleagues at Reading CPS, when last year they inappropriately, remissly, and to our minds unforgivably, ordered that the van driver who struck Anthony (and his companion) from behind would not face charges. We do not hold Anthony’s life so cheap.

You, the CPS at London, will shortly be reviewing the case of Eilidh Cairns who was also hit from behind on a one-way straight road.
 
Our protest is on behalf of all cyclists.

Across Europe, motorists are presumed to be at fault in motorist-cyclist collisions. In the UK, even faced with prime evidence of a dead body, a driver does not have to prove his innocence. Instead, the CPS decides whether charges can successfully be brought against the motorist, and can then choose to drop a case entirely.

In Anthony’s case (and as is claimed in Eilidh’s case, and in the cases of many others) the van driver’s defence that he simply didn't see the cyclists was accepted by the CPS as an adequate accounting for the death of a highly principled and well-loved citizen in the prime of his life.

In a time when the nation as a whole is encouraged to exercise, and use forms of transport other than the car, and when climate change is seen as a real threat, cyclists need to feel that they have the full and equal protection of the law when on public roads, and not a law apparently interpreted (or simply set aside) to the maximum advantage of the driver, no matter how culpably careless.

The CPS was in dereliction of its duty last year. We fervently hope that it will adopt a different perspective, starting with the forthcoming case of Eilidh. Allowing drivers to kill with complete impunity just will not do, and does not meet the nation’s needs and priorities.


London Cycling Campaign - Cyclists demonstrate against CPS and driver apathy

Kate Cairns, sister of Eilidh Cairns, killed in a collision with an HGV in Notting Hill, will be one of those protesting outside the CPS office in Ludgate Hill, London, today.

She said,

"It seems that 'Sorry mate I didn't see you' is enough for the Crown Prosecution Service. Is that all a driver has to say to get away with killing a cyclist?"

Below is the text of the demonstration statement in full:

London riders hold protest vigil outside CPS  | road.cc | The website for pedal powered people: Road cycling, commuting, leisure cycling and racing

So, if at a pinch point a lorry driver kills a young woman with a vehicle wider than the road itself, they face no charges. Beyond belief.








mattc

  • n.b. have grown beard since photo taken
    • Didcot Audaxes
Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #1 on: 22 January, 2010, 06:21:55 pm »
So, if at a pinch point a lorry driver kills a young woman with a vehicle wider than the road itself, they face no charges. Beyond belief.

Definitely no charges?

"Mr Lopes faces criminal proceedings in connection with the death. He attended the inquest with a Portuguese interpreter."
Has never ridden RAAM
---------
No.11  Because of the great host of those who dislike the least appearance of "swank " when they travel the roads and lanes. - From Kuklos' 39 Articles

spindrift

Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #2 on: 22 January, 2010, 06:24:20 pm »
The CPS originally decided not to prosecute. The family went mad. They changed their mind. That's why I dated the LCC link.

spindrift

Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #3 on: 25 January, 2010, 05:39:11 pm »
The sister of a cyclist crushed to death by a tipper lorry today criticised Boris Johnson over the “needless slaughter” of riders on London's roads.

TV producer Eilidh Cairns, 30, of Kentish Town, died from multiple injuries at a pedestrian crossing in Notting Hill last February.

Driver Joao Lopes, 53, would have spotted her if his mirror had been adjusted correctly, an inquest heard. An accidental death verdict was recorded.


Boris Johnson urged: Stop this slaughter of London cyclists | News

Ms Cairns said the Mayor's decision to get rid of the Commercial Vehicle Education Unit was “completely irresponsible”, adding:

“Boris wants to make London the cycling capital of Europe but he is doing nothing to help this situation.”





jogler

  • mojo operandi
Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #4 on: 25 January, 2010, 05:59:26 pm »
This will most likely continue without a change in law to
"guilty untill proven innocent "
when a driver injures/kills a cyclist(or pedestrian) on the carriageway.

Such a change is far too radical for many folk & also a poisoned chalice politically.

spindrift

Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #5 on: 25 January, 2010, 06:07:48 pm »
This will most likely continue without a change in law to
"guilty untill proven innocent "
when a driver injures/kills a cyclist(or pedestrian) on the carriageway.

Such a change is far too radical for many folk & also a poisoned chalice politically.

An approach broadly similar to the continent would be better:

Roadpeace - Strict liability

Nothing to do with the driver always being guilty, and nothing to do with criminal law.

Elidh shares  with Abigail Haythorne the honour of being slagged off in the media for her own death:

Teenage cyclist wearing iPod killed by a car she couldn't hear  | Mail Online

Except there's no proof Abigail was listening to an IPod, and:

Crap Cycling & Walking in Waltham Forest: That TfL lorry campaign

Elidh mentioned in an article urging cyclists not to filter on the left (despite many ASL feeders leading cyclists to a "blind spot",) when Elidh wasn't on the left at all, she was ahead and to the right of the lorry driver that killed her.

spen666

Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #6 on: 25 January, 2010, 06:12:20 pm »
...

Roadpeace - Strict liability



...

I'd be wary of quoting roadpeace in any debate about the law - in a previous thread about presumed/ strict liability, you linked either on here or another site to a Roadpeace article which was 100% wrong on what was strict liability.


I had previously paid heed to Roadpeace, but when they publish such inaccurate material as that, I'd be wary of quoting them to support any legal position

spindrift

Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #7 on: 25 January, 2010, 06:16:31 pm »
HGVs account for 45 per cent of all London cyclists' deaths, and one in five of cyclists' deaths in the UK, yet represent only five per cent. of road traffic.

The driver couldn't speak English, had mirrors that weren't adjusted correctly, was in a vehicle wider than the lane, failed to notice a cyclist ahead of him in broad daylight, and killed her by smashing into her from behind.

Verdict "Accidental Death".

Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #8 on: 25 January, 2010, 06:26:24 pm »
Quote
The driver couldn't speak English, had mirrors that weren't adjusted correctly, was in a vehicle wider than the lane, failed to notice a cyclist ahead of him in broad daylight, and killed her by smashing into her from behind.

Verdict "Accidental Death".

What is wrong with the law in the UK. I feel sick.

Rip Eilidh

spindrift

Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #9 on: 25 January, 2010, 06:42:09 pm »
Hastily edited to add nothing wrong with not Speaking English, of course. I've no idea if the Portuguese HGV test is more or less rigorous than ours.



simonp

Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #11 on: 12 October, 2010, 12:55:32 pm »
Sickening.

Had a dream about a forumite being run over and dying at the roadside last night, as it happens.

tonycollinet

  • No Longer a western province of Númenor
Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #12 on: 12 October, 2010, 01:08:35 pm »
Quote
We are bewildered by the whole system that treats cyclists' deaths in this way

Yep, me too.  >:(

Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #13 on: 12 October, 2010, 01:09:22 pm »
Lost for words  :(

Quote
"Since that day the accident has certainly played on his mind and has actually changed his character."

So you need to kill someone for that to happen!

clarion

  • Tyke
Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #14 on: 12 October, 2010, 01:12:48 pm »
Yes, sickening.  Literally.

That makes my head spin.

Where is justice in all this?

I can't help thinking of the cyclist fined £900 thread...
Getting there...

Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #15 on: 12 October, 2010, 01:17:33 pm »
While I am heartily sickened - if there was any guilt at all, it seems incredible that £200 and 3 points could possibly reflect that - do we know any more about the circumstances?

The narrative "too narrow to overtake" suggests that she could have been seen and the driver overtook not seeing her. If that was the case surely driving without due care and attention is the very minimum? Alternatively (and not wishing to suggest this was the case) if she was riding on the inside of the truck and it moved over as the road narrows, the verdict is understandable, although still painful. (edit) I should have said that is only if she was riding in step with the truck, and therefore in a blind spot all along.

There must be some more concrete evidence about....? it was in the rush hour ffs.

mAsTa RiDaH

Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #16 on: 12 October, 2010, 01:26:22 pm »
While I am heartily sickened - if there was any guilt at all, it seems incredible that £200 and 3 points could possibly reflect that - do we know any more about the circumstances?

The narrative "too narrow to overtake" suggests that she could have been seen and the driver overtook not seeing her. If that was the case surely driving without due care and attention is the very minimum? Alternatively (and not wishing to suggest this was the case) if she was riding on the inside of the truck and it moved over as the road narrows, the verdict is understandable, although still painful. (edit) I should have said that is only if she was riding in step with the truck, and therefore in a blind spot all along.

There must be some more concrete evidence about....? it was in the rush hour ffs.

I'm thinking this as well. I don't think it is as black and white as is made out. And if the CPS could have pressed for a DWDC then they would have.

clarion

  • Tyke
Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #17 on: 12 October, 2010, 01:29:47 pm »
...The road narrowed to two metres at that point and the truck, driven by Joao Lopes, was 2.5 metres wide, Westminster coroner's court heard.


Driver Joao Lopes, 53, would have spotted her if his mirror had been adjusted correctly, an inquest heard. An accidental death verdict was recorded.

Not just too narrow to overtake, but the driver drove his truck into a road narrower than the truck itself!

And the inquest heard that, if he had had his mirror adjusted correctly, he would have seen her.  How is it not a driver's responsibility to adjust the mirrors?
Getting there...

clarion

  • Tyke
Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #18 on: 12 October, 2010, 01:32:25 pm »
...if the CPS could have pressed for a DWDC then they would have.

Where is your evidence for this?  The CPS has an appallingly poor record on prosecution.
Getting there...

mAsTa RiDaH

Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #19 on: 12 October, 2010, 01:33:57 pm »
...if the CPS could have pressed for a DWDC then they would have.

Where is your evidence for this?  The CPS has an appallingly poor record on prosecution.

I would have thought it would have been in the interests of the Public Domain? I might be wrong of course

mAsTa RiDaH

Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #20 on: 12 October, 2010, 01:34:33 pm »
...The road narrowed to two metres at that point and the truck, driven by Joao Lopes, was 2.5 metres wide, Westminster coroner's court heard.


Driver Joao Lopes, 53, would have spotted her if his mirror had been adjusted correctly, an inquest heard. An accidental death verdict was recorded.

Not just too narrow to overtake, but the driver drove his truck into a road narrower than the truck itself!

And the inquest heard that, if he had had his mirror adjusted correctly, he would have seen her.  How is it not a driver's responsibility to adjust the mirrors?

Has the road in question got a width restriction in place?

Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #21 on: 12 October, 2010, 01:34:59 pm »
...if the CPS could have pressed for a DWDC then they would have.

Where is your evidence for this?  The CPS has an appallingly poor record on prosecution.

I'm with Clarion here. But unless there is some hard information it is all speculation.

Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #22 on: 12 October, 2010, 01:35:54 pm »


Not just too narrow to overtake, but the driver drove his truck into a road narrower than the truck itself!


No, Lorry = 2m, width = 2.5

Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #23 on: 12 October, 2010, 01:39:11 pm »


Not just too narrow to overtake, but the driver drove his truck into a road narrower than the truck itself!


No, Lorry = 2m, width = 2.5
Not according to the evening standard:

Quote

"The road narrowed to two metres at that point and the truck, driven by Joao Lopes, was 2.5 metres wide, Westminster coroner's court heard
<i>Marmite slave</i>

Re: Eilidh Cairns inquest- "Road too narrow to overtake"
« Reply #24 on: 12 October, 2010, 01:40:00 pm »
...The road narrowed to two metres at that point and the truck, driven by Joao Lopes, was 2.5 metres wide, Westminster coroner's court heard.


Driver Joao Lopes, 53, would have spotted her if his mirror had been adjusted correctly, an inquest heard. An accidental death verdict was recorded.

Not just too narrow to overtake, but the driver drove his truck into a road narrower than the truck itself!

And the inquest heard that, if he had had his mirror adjusted correctly, he would have seen her.  How is it not a driver's responsibility to adjust the mirrors?
I don't understand how adjusting his mirrors would have helped - I thought the lorry hit the cyclist from behind - did I get that wrong?