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Author Topic: 'Text driver faces jail over death'  (Read 7790 times)

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zippo

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Re: 'Text driver faces jail over death'
« Reply #30 on: 04 February 2008, 15:17:37 »

Quote
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I can't help but come back to the question, 'If the driver was not speeding and was not on the mobile phone, would the cyclist have been killed?'.

If the answer is that the cyclist would have survived then the driver is at fault. This is the question that the court would have had to answer. The fact that the cyclist went through a red light is merely mitigation in the driver's defence.
Would the cyclist have been killed if he had stopped at the red light?????[/quote]
by the same rule i didnt think that a green light gave the driver automatic right of way also
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Golfbuddy

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Re: 'Text driver faces jail over death'
« Reply #31 on: 04 February 2008, 15:19:07 »

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I can't help but come back to the question, 'If the driver was not speeding and was not on the mobile phone, would the cyclist have been killed?'.

If the answer is that the cyclist would have survived then the driver is at fault. This is the question that the court would have had to answer. The fact that the cyclist went through a red light is merely mitigation in the driver's defence.
Right, the milk of human kindness has dried up completely today, so forgive my honesty.

She is a chav, and in order to prevent her having thick, chav kids, should be banged up or shot.

He got want he deserved for being an impatient prat.

The BBC are a bunch of idiots, nothing more than an extension of the government's press office.


There, I've said it.

Have you thought about applying for a job with the Diplomatic Service? Or perhaps the United Nations?

I reckon you could solve the Iraq, Iran, Zimbabwe, Kenya and Darfur chrises by about 3.00 on your first day and still be home for a couple of cans of Stella and reboot the OOF server before tea.

Just a suggestion.  ;D
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Crazydad

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Re: 'Text driver faces jail over death'
« Reply #32 on: 04 February 2008, 15:25:59 »

Quote
Quote
Quote
I can't help but come back to the question, 'If the driver was not speeding and was not on the mobile phone, would the cyclist have been killed?'.

If the answer is that the cyclist would have survived then the driver is at fault. This is the question that the court would have had to answer. The fact that the cyclist went through a red light is merely mitigation in the driver's defence.
Would the cyclist have been killed if he had stopped at the red light?????[/quote]
by the same rule i didnt think that a green light gave the driver automatic right of way also
Right read what i have written, in no way am i suggesting that the driver of the car, was not to take the major part of the blame for this, but answer me one question.


What would you, or even better it may have happened to you, what did you do after someone has taken YOUR right of way?
did you say oh what a fool i am for driving across a GREEN light without looking cautiously if someone has jumped a RED light.
I dont think so.
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Golfbuddy

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Re: 'Text driver faces jail over death'
« Reply #33 on: 04 February 2008, 15:37:33 »

Quote
Quote
Quote
Quote
I can't help but come back to the question, 'If the driver was not speeding and was not on the mobile phone, would the cyclist have been killed?'.

If the answer is that the cyclist would have survived then the driver is at fault. This is the question that the court would have had to answer. The fact that the cyclist went through a red light is merely mitigation in the driver's defence.
Would the cyclist have been killed if he had stopped at the red light?????[/quote]
by the same rule i didnt think that a green light gave the driver automatic right of way also
Right read what i have written, in no way am i suggesting that the driver of the car, was not to take the major part of the blame for this, but answer me one question.


What would you, or even better it may have happened to you, what did you do after someone has taken YOUR right of way?
did you say oh what a fool i am for driving across a GREEN light without looking cautiously if someone has jumped a RED light.
I dont think so.

Well just to regale you of a little experience I had last year. I was driving home one evening on my normal route from work. I have to come through one set of traffic lights on the way home and they are a bit of a pain as they seem to stay red for ages. As I approached the traffic lights they were green in my favour so I speeded up just a little bit to make sure I got through. As I went through the lights they remained green; as I looked left, I noticed that the lights were also green in the other direction.  :o :o :o

It took me a moment to digest what I had seen and from that point onwards I always approach that and other TLC junctions with caution just in case someone else puts their foot down to try to get through the lights before they change.
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zippo

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Re: 'Text driver faces jail over death'
« Reply #34 on: 04 February 2008, 15:41:19 »

Quote
Quote
Quote
Quote
I can't help but come back to the question, 'If the driver was not speeding and was not on the mobile phone, would the cyclist have been killed?'.

If the answer is that the cyclist would have survived then the driver is at fault. This is the question that the court would have had to answer. The fact that the cyclist went through a red light is merely mitigation in the driver's defence.
Would the cyclist have been killed if he had stopped at the red light?????[/quote]
by the same rule i didnt think that a green light gave the driver automatic right of way also
Right read what i have written, in no way am i suggesting that the driver of the car, was not to take the major part of the blame for this, but answer me one question.
 
it has happened to me ,but i was lucky, so was the cyclist he didnt die but i was still threatened with prosecution by the police for the above reason
and from then on my right of way or not i always check my exit is clear
this happened in march93 iam not sure if things have been changed but at the time it made my life difficult
« Last Edit: 04 February 2008, 15:55:47 by zippo »
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Danny

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Re: 'Text driver faces jail over death'
« Reply #35 on: 04 February 2008, 15:50:47 »

would she have been able to avoid a collision if she had her full attention on the road?

if not she should only be done for using the phone while driving

if he hadnt gone thru the red light but she was still using her phone, would she have collided with anything else?

its all if's and but's
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hotel21

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Re: 'Text driver faces jail over death'
« Reply #36 on: 04 February 2008, 15:54:03 »

Slight change of scenario but basically quite similar.....

Instead of a cyclist running a red light, what if it was a paramedic (or fire-engine, or police car or coastguard or blood transfusion vehicle) with blue lights etc on and she still hit it?

The 999 service driver would be hung out to dry undoubtedly, (especially by some who frequent here) but would she still be done?  
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zippo

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Re: 'Text driver faces jail over death'
« Reply #37 on: 04 February 2008, 16:02:48 »

Quote
Slight change of scenario but basically quite similar.....

Instead of a cyclist running a red light, what if it was a paramedic (or fire-engine, or police car or coastguard or blood transfusion vehicle) with blue lights etc on and she still hit it?

The 999 service driver would be hung out to dry undoubtedly, (especially by some who frequent here) but would she still be done?  
probably not the media would have a bigger target
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Crazydad

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Re: 'Text driver faces jail over death'
« Reply #38 on: 04 February 2008, 16:10:32 »

This case is a typical example of how reckless some people can be at times, i too have sometimes not acted the way the highway code would like us too, but fortunately for me nothing has ever happened.
It sure makes me sit back and think over some of my actions :-?
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Golfbuddy

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Re: 'Text driver faces jail over death'
« Reply #39 on: 04 February 2008, 16:12:29 »

Quote
Slight change of scenario but basically quite similar.....

Instead of a cyclist running a red light, what if it was a paramedic (or fire-engine, or police car or coastguard or blood transfusion vehicle) with blue lights etc on and she still hit it?

The 999 service driver would be hung out to dry undoubtedly, (especially by some who frequent here) but would she still be done?  

Don't ask awkward questions you! You're supposed to come up with the sagacious answers. If you start asking questions as well where will we be then??  :-/
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hotel21

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Re: 'Text driver faces jail over death'
« Reply #40 on: 04 February 2008, 16:14:03 »

Quote
Quote
Slight change of scenario but basically quite similar.....

Instead of a cyclist running a red light, what if it was a paramedic (or fire-engine, or police car or coastguard or blood transfusion vehicle) with blue lights etc on and she still hit it?

The 999 service driver would be hung out to dry undoubtedly, (especially by some who frequent here) but would she still be done?  

Don't ask awkward questions you! You're supposed to come up with the sagacious answers. If you start asking questions as well where will we be then??  :-/

Devils Advocate, me!    ;D

Only thing that changes is that there is an excemption in law for the 999 vehicle to run the red light (safely.....).  She would still be allowed to enter the junction on a green, only if safe to proceed....


« Last Edit: 04 February 2008, 16:17:15 by hotel21 »
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Martin_1962

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Re: 'Text driver faces jail over death'
« Reply #41 on: 04 February 2008, 16:47:33 »

Quote
Quote
I can't help but come back to the question, 'If the driver was not speeding and was not on the mobile phone, would the cyclist have been killed?'.

If the answer is that the cyclist would have survived then the driver is at fault. This is the question that the court would have had to answer. The fact that the cyclist went through a red light is merely mitigation in the driver's defence.
Right, the milk of human kindness has dried up completely today, so forgive my honesty.

She is a chav, and in order to prevent her having thick, chav kids, should be banged up or shot.

He got want he deserved for being an impatient prat.

The BBC are a bunch of idiots, nothing more than an extension of the government's press office.


There, I've said it.


Say it like it is Jaime!

Her record is pretty bad - since she is points loaded she will get a ban
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Martin_1962

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Re: 'Text driver faces jail over death'
« Reply #42 on: 04 February 2008, 16:48:51 »

Quote
Quote
Quote
Quote
I can't help but come back to the question, 'If the driver was not speeding and was not on the mobile phone, would the cyclist have been killed?'.

If the answer is that the cyclist would have survived then the driver is at fault. This is the question that the court would have had to answer. The fact that the cyclist went through a red light is merely mitigation in the driver's defence.
Would the cyclist have been killed if he had stopped at the red light?????[/quote]
by the same rule i didnt think that a green light gave the driver automatic right of way also
Right read what i have written, in no way am i suggesting that the driver of the car, was not to take the major part of the blame for this, but answer me one question.


What would you, or even better it may have happened to you, what did you do after someone has taken YOUR right of way?
did you say oh what a fool i am for driving across a GREEN light without looking cautiously if someone has jumped a RED light.
I dont think so.


I emergency stopped so I didn't go into the side of the red light running lorry
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Martin_1962

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Re: 'Text driver faces jail over death'
« Reply #43 on: 04 February 2008, 16:50:38 »

Quote
Slight change of scenario but basically quite similar.....

Instead of a cyclist running a red light, what if it was a paramedic (or fire-engine, or police car or coastguard or blood transfusion vehicle) with blue lights etc on and she still hit it?

The 999 service driver would be hung out to dry undoubtedly, (especially by some who frequent here) but would she still be done?  


They are big noisy and have flashing lights.

Also I have seen them slow and check not piling through on full throttle.

And I did say definately a dangerous driving conviction required
« Last Edit: 04 February 2008, 16:51:52 by Martin_1962 »
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MaxV6

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Re: 'Text driver faces jail over death'
« Reply #44 on: 04 February 2008, 16:52:09 »

she should get jail time even if he hadn't died IMO

it's illegal to use the phone under such circumstances....   and txt'ing is even bloody worse than making a call in terms of driver attention and line of sight...

one would hope a 999 call driver would be alert enough to miss, but it might not have been possible to avoid, and really, it would be her fault... and why anyone should hang the emergency services out to dry because of some daft cow txt'ing is beyond me entirely.

the only other point I take exception to is labelling the BBC as a Govt press office.....  but that's another story entirely !



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