I just read this on my local news site, this can't be real! A 46 year old woman driver admits causing death by dangerous driving by turning into the motorcyclists path, killing the father (33) of eight. (four his own and four step kids) So this woman doesn't look before turning and kills a motorcyclist, a young father whose kids now have no dad and she gets 12 month community order, 150 hours of unpaid work and banned from driving for a year Link to the article A woman who caused the death of a motorcylist in St Albans has been handed a community order and a driving ban. Katherine Benson, 46, of Oakwood Drive in the city, crashed into Brett Cansdale in July last year while driving along Highfield Park Drive and admitted causing death by careless driving. St Albans Crown Court heard the single mum-of-two turned into the path of the motorbike. Mr Cansdale, 33, from London Colney, who had eight children, died at the scene. Benson was given a 12-month community order with 150 hours' unpaid work, and banned from driving for a year. This is a complete injustice, are we really that insignificant to the law that someone can admit killing us through their own ignorance and inability to drive safely and then only get community service and a short driving ban. His family couldn't even afford a funeral and had to raise funds in the local paper Article
Unfortunatley this seems to be a common occurance,my mate died in similar circumstances several years ago and the driver got a similar "punishment"
Approx 12 years ago a car in front of me slammed the brakes on and put the car into reverse as they'd missed their turn, all I could do was suddenly swerve and lay the bike down, I ended up following the bike down the road, good job I was wearing full leathers.
I don't know if it's the same in England, but here in France, pretty-much all motor insurances - cars and bikes - have both death benefit and "Protection Juridique" (legal services) cover. With these two, any survivors will have the wherwithall to deal with any and all liabilities - funeral expenses etc, credit and mortgages repayment etc - plus taking the guilty party through the courts in a civil case. Of course it won't bring anyone back, but it does mean you can make the guilty really pay and send a message to other careless cunts that it will hurt them BAD if they fuck up.
So sad to read this article. As they say the law is an ass, are we just collateral damage for inept drivers who should not be in charge of a lawn mower let alone a car, we have all seen them,and experienced their ineptitude how they pass their test is a mystery.
Seems a much more suited system and a little more balanced. I was totally taken out six years ago by a car driver waiting at a junction only to turn across my path whilst looking the other way. I ended up losing my heel and ankle and going through six operations and took a year to stand up. This is no way comparable to the above in any way apart from the drivers justice. He received six points and a 500 quid fine? My family and myself are still suffering six years down the line. God only knows how his wife and children will cope. My thoughts go out to them.
Perhaps I am missing a key point in law that they get found guilty of the offence and face the fine/community service/loss of licence. But it is then up to the victim or family of the victim to take out a civil case and sue them to compensate for loss of earnings/mobility, distress and even loss of life enjoyment? I always thought that would happen automatically, but perhaps not, only the criminal aspect is considered with the ramifications to the vistim having to be fought seperatly.... Any legal eagles here to advise?
All I can tell is that from my own personal experience. Liability once admitted can also be withdrawn by the other party even if they have been charged with the offence which was what happend in my case. It all becomes down to our insurance companies to fight between themselves and dragging you along through the whole process. It is an exhaustive process and the last thing anyone needs after a severe accident or bereavement. The final outcome is How much it's worth in monetary value.
I wasn't suggesting that the insurance companies fight it out at all - I was meaning that a Civil Prosecution process is initiated between the third parties of the deceased and the convicted driver. A Magistrates conviction eases the Civil proceedings immeasurably.
I kinda like that idea biglad the more I think about it,it makes sense, all our insurance companies seem to be interested in is screwing as much money out of us as they can.
