Rights on the road
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As rider numbers grow it becomes increasingly important to clearly and confidently assert the legal rights of bike riders. We are determined that our members rights are respected and that the legal system treats riders with fairness.
Major legal win puts Councils on notice
3 March 2010. A highly significant court victory by a Melbourne bike rider has put local government under new pressure over the building of sub-standard bike facilities. "Fix it or you will be hit with large damages", is the message of the judgement.
Bayside City Council has to pay $229,000 damages to the rider as a result of the court decision.
The case involved a cyclist who in August 2005 was riding along the off-road bike path adjacent to Beach Road in Black Rock when his wheel came into contact with a bluestone retaining wall along the path.
The rider fell, striking a steel stanchion holding an 'Armco' safety barrier on Beach Road, and was seriously injured.
The 57 year-old recreational cyclist from the suburb of Parkdale sued Bayside City Council for negligence.
The matter was heard before His Honour Judge Coish in the County Court over five days. The plaintiff's lawyers, Wisewould Mahony, sought information on technical issues from Bicycle Victoria in preparing the case.
Evidence was presented on behalf of the plaintiff by Mr Andrew O'Brien, a traffic and road engineer, that the path did not comply with the requirements and recommendations of the AustRoads Standards or the VicRoads Cycle Notes.
Mr O'Brien told the court that the path design was deficient and that the combination of the bluestone edge on the path with the guard rail and posts was a "severe safety hazard".
He said that obstacles should be at least one metre from the path. At this location, with the bluestone directly abutting the path, there was zero clearance.
A suitable and safe treatment of the guard rail-shared path space could have been designed at minimal, if any additional cost, Mr O'Brien said.
Bayside City Council's expert witness, Mr Keith Mitson, a traffic engineer, expressed the opinion that the hazard in question did not increase the overall journey risk to the cyclist because frequent hazards existed on almost any cycle path.
The council said in evidence that the path was originally constructed in 2000 when the council's engineering services were outsourced. The bluestone retaining wall was added a short time later to prevent water and soil coming on to the bike path.
Bayside submitted that the crash was a 'freak' accident and that the risk was 'far fetched and fanciful'.
The Judge found that the council has breached its duty of care and awarded damages to the rider.
Further details of the technical issues revealed in this case will be added to the relevant section of this website soon.
13 year term over bike death
15 December 2009. A drunk driver who slammed into two brothers riding on Beach Road, Mentone, on Christmas Eve last year, killing one of them, will spend more than a decade in gaol.
Luke Adam Shields, 32, had a blood alcohol reading of .221, more than four times the legal limit. The court heard he was speeding in excess of 77 kph in a 60 kph zone.
Shields had two prior convictions for drink driving and also had a prior conviction for for driving at a dangerous speed.
Shields pleaded guilty to culpable driving and negligently causing serious injury.
Sean Brindle, 35, from Perth died as a result of injuries received in the crash. His brother Alun, 33, is still recovering from serious injuries.
Shields must serve a minimum of ten years jail before being eligible for parole. He is also disqualified from driving for two years after his release.
Guilty plea on Beach Road death
12 August 2009. A Mentone man who crashed into and killed a Perth paramedic riding on Beach Road has pleaded guilty to culpable driving.
Luke Adam Shields, 31, was allegedly drink driving on Christmas Eve last year when he ran into 35-year-old West Australian Sean Brindle.
Shields also pleaded guilty in the Melbourne Magistrates Court to negligently causing serious injury to Mr Brindle's Melbourne-based brother, with whom he was riding when the crash occurred.
Police had alleged at an earlier court hearing that Shields consumed three or four bottles of wine and LSD before crashing into the bike riders at a speed of more than 90km/h.
The court was told Shields continued another 600m before stopping.
Shields will next appear in the Victorian County Court for a pre-sentence hearing on October 13.
Police seize car after bike path incident
15 July 2009. Police seized a car for forensic examination following a collision between a bike rider and a car on the off-road bike path along Footscray Road in Melbourne's docks precinct.
A rider was travelling outbound along the busy path in the evening peak when he encountered a car coming towards him on the bike path from the opposite direction.
The rider, a member of Bicycle Victoria, attempted to avoid a collision by riding on the grass verge, but as the photograph shows, the motor vehicle also moved to the verge.
The bike and the car collided head-on, wrecking the rider's rare hand-made bike. Miraculously, the rider sustained only minor injuries.
The car left the scene of the accident, but was traced by Victoria police and impounded.
At this location the bike path is well separated from road traffic and cars would not usually be expected to accidently wander into the path of riders.
As a Bicycle Victoria member the rider is being legally supported by Bicycle Victoria's recently launched Member Rights initiative.
Ballarat court case shock
20 April 2009. Bicycle Victoria has asked the Attorney-General to investigate disparaging comments by a magistrate in Ballarat towards a bike rider who had been struck from behind and severely injured.
According to local media reports Magistrate Terry Wilson described cyclist William Angel, 56, as "an accident waiting to happen" when he was knocked from his bike and had his back broken when riding in Alfredton at around 6.45am on March 29, 2008.
Although evidence was before the court that Mr Angel had a flashing rear light, was wearing a yellow vest and reflective shoe covers (but no front light), the driver Kerri Lee Jasper, 34, said she did not see the rider, who came out of nowhere.
Magistrate Wilson dismissed the charge of careless driving against Ms Jasper because by not having a front light, Mr Angel had not met legal requirements.
Defence lawyer Mr Jon Irwin had told the court that a cyclist riding in darkness required a headlight, rear light and reflectors on the bike.
Bicycle Victoria has asked the Attorney-General to examine the Magistrate's comments in this case.
It has previously been assumed that the purpose of the rear light was to be seen from behind and the purpose of the front light was to be visible from ahead.
If this previously accepted logic has been reversed by the Courts, then bike riders would appreciate a full explanation.
Traralgon woman pleads guilty to 2005 cyclist death
20 November 2008. Leanne Gail Cutting, 35, has pleaded guilty to to one count of dangerous driving causing death, and six counts of reckless endangerment, in relation to the death of a cyclist in Gippsland three years ago.
Evelyn Hassler, 66, a Bicycle Victoria member, was in a group of cyclists riding between Traralgon and Roseldale in December 2005.
She was hit by a car driven by Cutting and died at the scene.
Bicycle Victoria has been taking an interest in the case, liaising with the Office of Public Prosection and the riding group TRAMPS (Traralgon & Morwell Pedellars), to ensure a decent outcome for Evelyn Hassler's family.
Cutting was to appear at a sentence hearing today (20 November).
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