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Manslaughter charge brought over death of cyclist killed by bus while avoiding open car door



 
 
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  #1  
Old February 2nd 12, 05:53 AM posted to uk.rec.cycling
Simon Mason
external usenet poster
 
Posts: 4,174
Default Manslaughter charge brought over death of cyclist killed by bus while avoiding open car door

QUOTE:
A 32-year-old man has been charged with manslaughter in connection with the
death on London's Holloway Road of cyclist Sam Harding last August, the
Metropolitan Police has confirmed.

Mr Harding, aged 25, died after being struck by a bus when he swerved to
avoid the open door of a parked car. According a report in the to the
Islington Tribune in the week following his death, a 31-year-old motorist
was arrested at the scene and bailed to return at a later date.

The Metropolitan Police have confirmed to road.cc that the man charged in
connection with Mr Harding's death was the motorist in charge of the parked
car.

According to a report on the Cycling Intelligence blog at the time, the door
was actually opened by a child who was in the vehicle, although that is
unconfirmed.

In a statement, the Metropolitan Police said: "Traffic officers
investigating the death of a cyclist in Holloway in August last year have
charged a man with manslaughter.

"Kenan Aydogdu, 32 (1/1/80) of no fixed abode appeared in custody at
Highbury Corner Magistrates' Corner on Tuesday, 31 January charged with the
manslaughter of Samuel Jack Harding, 25, in Holloway Road on 6 August 2011.

"He was remanded on bail to appear at the Old bailey in June 2012 (date to
be confirmed).

Aydogdu was arrested at the scene on 6 August and had been on bail pending
further enquiries. He returned on Monday, 30 January when he was charged as
above

http://road.cc/content/news/51901-ma...st-sam-harding

--
Simon Mason

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  #2  
Old February 2nd 12, 04:59 PM posted to uk.rec.cycling
Simon Mason
external usenet poster
 
Posts: 4,174
Default Manslaughter charge brought over death of cyclist killed by bus while avoiding open car door



"Simon Mason" wrote in message
. uk...
QUOTE:
A 32-year-old man has been charged with manslaughter in connection with
the death on London's Holloway Road of cyclist Sam Harding last August,
the Metropolitan Police has confirmed.


Interesting comment that was discussed here recently.

QUOTE:

On the face of it it does seem heavy-handed but then he was seemingly in
charge of the car. I know I always warned my children about opening doors on
either side of the car when I had stopped. They got a bollocking if they so
much as moved towards the handle without checking. Who else is to blame
other than the driver and how can it be excused as a 'freak accident'? If
this is condoned, I can see it becoming an unfortunate precedent were
similar incidents to occur.

--
Simon Mason

  #3  
Old February 2nd 12, 06:21 PM posted to uk.rec.cycling
Dave - Cyclists VOR
external usenet poster
 
Posts: 7,703
Default Manslaughter charge brought over death of cyclist killed by buswhile avoiding open car door

On 02/02/2012 04:53, Simon Mason wrote:
QUOTE:
A 32-year-old man has been charged with manslaughter in connection with
the death on London's Holloway Road of cyclist Sam Harding last August,
the Metropolitan Police has confirmed.

Mr Harding, aged 25, died after being struck by a bus when he swerved to
avoid the open door of a parked car.


So he failed to use observation & anticipation?

How many cars, traveling at higher speeds, managed to hit opening dorrs
that day?

--
Dave - Cyclists VOR. "Many people barely recognise the bicycle as a
legitimate mode of transport; it is either a toy for children or a
vehicle fit only for the poor and/or strange," Dave Horton - Lancaster
University
  #4  
Old February 3rd 12, 12:21 AM posted to uk.rec.cycling
jnugent
external usenet poster
 
Posts: 11,574
Default Manslaughter charge brought over death of cyclist killed by buswhile avoiding open car door

On 02/02/2012 15:59, Simon Mason wrote:


"Simon Mason" wrote in message
. uk...
QUOTE:
A 32-year-old man has been charged with manslaughter in connection with
the death on London's Holloway Road of cyclist Sam Harding last August,
the Metropolitan Police has confirmed.


Interesting comment that was discussed here recently.

QUOTE:

On the face of it it does seem heavy-handed but then he was seemingly in
charge of the car. I know I always warned my children about opening doors on
either side of the car when I had stopped. They got a bollocking if they so
much as moved towards the handle without checking. Who else is to blame
other than the driver


The person who opened the door?

and how can it be excused as a 'freak accident'?


The person who opened the door (a child) didn't realise that it could
consititute a hazard when open?

If
this is condoned, I can see it becoming an unfortunate precedent were
similar incidents to occur.


If this driver is not persecuted for the actions of an independent third
party, more independent third parties will open doors of cars?

Are you completely mad or do you have to work hard at it?
  #5  
Old February 3rd 12, 07:25 AM posted to uk.rec.cycling
Simon Mason[_4_]
external usenet poster
 
Posts: 9,242
Default Manslaughter charge brought over death of cyclist killed by buswhile avoiding open car door

On Feb 3, 5:17*am, Justin wrote:


A child is not a completely independent third party. In such an
instance the the parent will owe a duty of care to other road users.
The precautions to have prevented the opening of the door are really
quite simple: most cars have some form of child lock. By having not
prevented what was reasonably foreseeable the parent is negligent.- Hide quoted text -

- Show quoted text -


Indeed and as the drIver I am also reponsible for my children and
other passengers wearing seat belts.
My daughter has said that she wanted to lay down and sleep on our 630
drive to Salzburg in June, but I was having none of it.
I told her she will be sitting bolt upright all the way with a belt on
and she is 27 years old.
Ultimately I carry the can as the registered owner and main driver for
my passengers actions.
I even had to bollock the wife for throwing an apple out of the window
as I will get the fine if I get spotted, not her.
--
Simon Mason
  #6  
Old February 7th 12, 09:16 AM posted to uk.rec.cycling
jnugent
external usenet poster
 
Posts: 11,574
Default Manslaughter charge brought over death of cyclist killed by buswhile avoiding open car door

On 03/02/2012 05:17, Justin wrote:
On 3 feb, 00:21, wrote:
On 02/02/2012 15:59, Simon Mason wrote:
"Simon wrote in message
. uk...
QUOTE:
A 32-year-old man has been charged with manslaughter in connection with
the death on London's Holloway Road of cyclist Sam Harding last August,
the Metropolitan Police has confirmed.


Interesting comment that was discussed here recently.


QUOTE:


On the face of it it does seem heavy-handed but then he was seemingly in
charge of the car. I know I always warned my children about opening doors on
either side of the car when I had stopped. They got a bollocking if they so
much as moved towards the handle without checking. Who else is to blame
other than the driver


The person who opened the door?

and how can it be excused as a 'freak accident'?


The person who opened the door (a child) didn't realise that it could
consititute a hazard when open?

If
this is condoned, I can see it becoming an unfortunate precedent were
similar incidents to occur.


If this driver is not persecuted for the actions of an independent third
party, more independent third parties will open doors of cars?

Are you completely mad or do you have to work hard at it?


A child is not a completely independent third party.


Do you know what the word "otiose" means?

"Completely", in your attempt at a coherent sentence above, is otiose.

In such an
instance the the parent will owe a duty of care to other road users.
The precautions to have prevented the opening of the door are really
quite simple: most cars have some form of child lock. By having not
prevented what was reasonably foreseeable the parent is negligent.


In your mind, it's negligent not to be a control freak. And negligent not to
imprison your children or friends, even if they're 33 and 37 years of age.

Thanks for making that clear.



  #7  
Old February 7th 12, 02:17 PM posted to uk.rec.cycling
Simon Mason[_4_]
external usenet poster
 
Posts: 9,242
Default Manslaughter charge brought over death of cyclist killed by buswhile avoiding open car door

On Feb 3, 5:17*am, Justin wrote:


A child is not a completely independent third party. In such an
instance the the parent will owe a duty of care to other road users.
The precautions to have prevented the opening of the door are really
quite simple: most cars have some form of child lock. By having not
prevented what was reasonably foreseeable the parent is negligent.- Hide quoted text -

- Show quoted text -


It will be interesting to watch this case unfold.
Keep tuned in.

--
Simon Mason
  #8  
Old February 7th 12, 09:15 PM posted to uk.rec.cycling
Dave - Cyclists VOR
external usenet poster
 
Posts: 7,703
Default Manslaughter charge brought over death of cyclist killed by buswhile avoiding open car door

On 02/02/2012 20:35, Telegram Spam wrote:
On Feb 2, 5:21 pm, Dave - Cyclists
wrote:
On 02/02/2012 04:53, Simon Mason wrote:

QUOTE:
A 32-year-old man has been charged with manslaughter in connection with
the death on London's Holloway Road of cyclist Sam Harding last August,
the Metropolitan Police has confirmed.


Mr Harding, aged 25, died after being struck by a bus when he swerved to
avoid the open door of a parked car.


So he failed to use observation& anticipation?

How many cars, traveling at higher speeds, managed to hit opening dorrs
that day?

--
Dave - Cyclists VOR. "Many people barely recognise the bicycle as a
legitimate mode of transport; it is either a toy for children or a
vehicle fit only for the poor and/or strange," Dave Horton - Lancaster
University


Dave the Handyman is driving is his van on a motorway. he is
approaching a viaduct: there is heavy traffic in all three lanes and
he is in the nearside lane. I am on the viaduct and recognise his
approaching van. I raise a large concrete slab above my head, attract
Dave's attention and then let the slab fall towards the windscreen of
his bus.


Bus? I was in a van a few seconds ago.


Dave sees what is happening and instinctively swerves to the right and
is killed by the lorry which is overtaking him.


I am charged with manslaughter.


No ****wit, you are charged with murder. Manslaughter is the
unjustifiable, inexcusable, and intentional killing of a human being
without deliberation, premeditation, and malice.


Dave posts from hell:


Nope. I would go to heaven. I'm such a nice person.

So he failed to use observation& anticipation?


**** me, you are stupid even by cyclists standards.

The cyclist in the above example should have noticed the parked car &
anticipated that the door might open. In which case he would have had
plenty of time to slow down, stop, or move out when safe to do so.

In your pathetic example above, you have deliberately made that impossible.

Since I have never hit an opening car door, don't know any other
motorist who has, and have never heard of a motorist doing so, my
observation & anticipation seem to be of a higher magnitude that that of
a cyclist.




--
Dave - Cyclists VOR. "Many people barely recognise the bicycle as a
legitimate mode of transport; it is either a toy for children or a
vehicle fit only for the poor and/or strange," Dave Horton - Lancaster
University
  #9  
Old February 8th 12, 04:21 AM posted to uk.rec.cycling
Simon Mason[_4_]
external usenet poster
 
Posts: 9,242
Default Manslaughter charge brought over death of cyclist killed by buswhile avoiding open car door

On Feb 3, 5:17*am, Justin wrote:

A child is not a completely independent third party. In such an
instance the the parent will owe a duty of care to other road users.
The precautions to have prevented the opening of the door are really
quite simple: most cars have some form of child lock. By having not
prevented what was reasonably foreseeable the parent is negligent.- Hide quoted text -

- Show quoted text -


I an still responsible for the actions of my wife in the car if she
verbally abuses other idiots drivers on the road.
As we saw with that driver who got done for swearing at a cyclist, you
can get fined for a public order offence for that.

--
Simon Mason
  #10  
Old February 8th 12, 09:58 AM posted to uk.rec.cycling
Peter Keller[_3_]
external usenet poster
 
Posts: 8,736
Default Manslaughter charge brought over death of cyclist killed by buswhile avoiding open car door

On Tue, 07 Feb 2012 20:15:51 +0000, Dave - Cyclists VOR wrote:



****wit,


The hagfish is kept alive and irritated by rattling its container with a
stick, prompting it to produce slime in large quantities.


--
An oft-repeated lie is still a lie.
 




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