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CPS decides not to prosecute lorry driver involved in fatal cycle accident (23 May 2014)

Date: 23/05/2014
Duncan Lewis, Legal News Solicitors, CPS decides not to prosecute lorry driver involved in fatal cycle accident

Scotland Yard has revealed that the Crown Prosecution Service (CPS) has decided not to take action against a lorry driver who was arrested after a collision involving his vehicle and a cyclist who died.
The unnamed 41-year-old lorry driver has been on bail after being arrested following the death of Chiara Giacomini, 30, last September. Ms Giacomini died after her cycle was in collision with a Mercedes lorry in West Dulwich, southeast London. She was killed on the day that London Mayor Boris Johnson launched a series of proposals to make HGVs safer on London’s roads.

A spokesman for Scotland Yard said that a file on the incident had been sent to the CPS, but no further action would be taken against the lorry driver.

The case is reported London newspaper the Evening Standard – last week the Standard also reported that the CPS would not be prosecuting an HGV driver whose tipper truck was involved in an incident in which 21-year-old nursing assistant Maria Karsa died. The crash at Aldgate in east London also happened last September.

Cycle safety campaigners and cyclists have been pushing for more protection on London’s roads for vulnerable road users like cyclists and motorbike riders. Schemes such a safety streets – already in operation in other EU countries – could involve setting a speed limit of 15mph, with cyclists having priority over other road users.

The European Commission is also proposing to introduce changes to the design of the traditional “brick-shaped” lorry cab, with more rounded and better protected lorry bumpers and wider – and larger windscreens and passenger windows to enable HGV drivers to see cyclists if they approach on the inside of a lorry.

The London Mayor has also introduced cycle superhighways across the capital, but some cyclists have been killed and injured while using these.

A bike courier has told the Standard that cycling in London “is as dangerous as the Third World”. Julian Sayarer, 29, from Hackney in northeast London spent 165 days cycling round the world and covered 18,000 miles. He is about to publish a book about his journey and told the Standard that some aspects of London’s roads are comparable to those in minor Third World countries.

Mr Sayarer said:

“It’s ridiculous that central London roads are comparably anarchic to minor Third World countries in terms of drivers not indicating, U-turns being spun – and the air quality, which is really embarrassing.

“Chinese road culture does not make much of an allowance for cyclists, but if you are going on a highway, there is plenty of room.”

Transport for London (TfL) has published advertisements to help cyclists travel round London – the ‘Getting You There More Safely’ campaign is published in newspapers and TfL is offering cyclists free and subsidised cycle training, in conjunction with London boroughs, for novice cyclists and those who commute using a bicycle.

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For expert legal advice on no win no fee road traffic accident claims, contact Duncan Lewis personal injury solicitors on 020 7923 4020.

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