Can You Cause Death By Careless Cycling?

/ personal injury

The introduction of new laws specifically covering death or serious injury by dangerous cycling could see offenders face up to 14 years in prison. The move will be welcomed by many road users after MPs voted in favour of the new legislation.

What is the Current Law?

Currently cyclists are governed under the Road Traffic Act 1988. At present this can only result in a maximum fine of £1,000 for the offence of careless cycling and £2,500 for what is deemed dangerous cycling. Additionally, cyclists may be prosecuted under criminal legislation such as causing actual bodily harm under S47 of the Offences Against the Person Act. However, many within the Government, none more so than MP Iaian Duncan Smith have argued that this is an arduous process in need of reform following the tragic case of Kim Briggs in 2016. Mrs Briggs was killed by a cyclist who collided with her. The bicycle had no front brakes and Mrs Briggs suffered catastrophic head injuries. The cyclist who committed the offence was jailed for 18 months after he was found guilty at the Old Bailey of 'wanton or furious driving' but was cleared of manslaughter.

Examples of Dangerous Cycling

  • Obviously dangerous manoeuvres

  • Riding recklessly for prolonged periods of time

  • Riding for a prolonged period of time whilst distracted e.g. on your phone

  • Cycling whilst under the influence of drink or drugs

What are the New Proposals?

The new legislation will see the introduction of three offences:

  • Causing death by dangerous cycling

  • Causing serious injury by dangerous cycling

  • Causing death by careless or inconsiderate cycling

The current definition of dangerous cycling is riding in a way which ‘falls far below what would be expected of a competent and careful cyclist’ with the definition of careless cycling being cycling on a road without ‘due care and attention, or without reasonable consideration for other persons using the road’.

The requirements needed to satisfy the proposed new offence are yet to be finalised, although it is likely they will be similar to those in dangerous or careless driving cases. It is also likely that new legislation will require cyclists to ensure their bicycles are maintained in line with legal requirements.

It is worth noting that the recent general election has caused the proposals to be paused for the time being. However, now that this is over, discussions are likely to be reintroduced with previous plans supported by 37 MPs.

If you would like more information about your Personal Injury claim, please contact Richard Harriman by email or on 01494 521301.