Driver cleared of injuring young fast bicycle rider
A 25-year-old driver was cleared of seriously injuring a boy after a magistrate concluded that the victim was moving at some speed when he drove his bicycle into the main road in Għadira.
On January 9, 2005, Logan Wood was driving his BMW along Dawret it-Tunnara Street and Terrance Gatt was cycling down a sidestreet which led to a main road.
The court heard that the brakes of the car had not been in proper working order and in fact one had to pump the pedal a few times for the car to come to a complete stop. Mr Wood testified that he had only bought the car a week before the accident and was in fact driving it to the mechanic when the mishap happened.
Thorbjorn Boldsen, who had been standing in his balcony at the time and so had a bird's-eye view of the accident, said he saw the boy cycling down the hill and the accused approaching from the main road. At one point the boy crashed into the car. The boy flew for about a metre and a half and landed on the tarmac. He suffered a broken vertebra, a fractured skull and a bruised brain.
Antonio Borg, a passenger in the car, said the boy was cycling down the hill at quite a speed when he suddenly collided with the car. He noted that Mr Wood had been driving at about 40 kilometres an hour at the time of the impact.
Mr Wood testified that the first time he spotted the boy was about two feet away before impact occurred. However, the court noted there were 42-metre-long brake marks, indicating that the accused had applied the brakes 14 metres before collision.
It was also noted that the boy did not have good brakes on the bike either and that he had cycled onto the main road at some speed.
Magistrate Giovanni Grixti said it was evident that it was the boy that drove onto the road and collided with the car. In fact, had the boy emerged on the road a second earlier the result would have been much worse as he would have ended up under the car, the court noted.
When driving one has to be prepared for anything and, hence, should keep a proper and careful look-out. It did not result that Mr Wood had been driving negligently when the accident happened, the court ruled.
Mr Wood was found guilty of driving without a licence and keeping the vehicle in a bad state of repair and was fined €2,800.
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George Debono
Dec 12th 2008, 20:39
Sorry Mr Vassallo
That reply was meant for Wally !
I agree with you 100%
G
George Debono
Dec 12th 2008, 18:05
Mr Vassallo
You say - the magistrate…..said it was evident that it was the boy that drove onto the road and collided with the car".
This disagrees with what the driver said ----- "The driver testified that he spotted the cyclist about two feet away" ---- YET his skid marks started 14M BEFORE impact with the cyclist…….and then continued for a further 28M after impact !
How do you explain this?
Also one should add a further 6 -12M to the 14M skid mark before collision to allow for delay of a few seconds while pumping the brake pedal!
Also - Dawret it-Tunnara is a speed-limited residential area. How explain skid marks of 42M ??
It perfectly possible that the biker misjudged the speed of the car when it was too late. If the car was moving at a decent speed nothing would have happened.
It sounds more like the case of a powerful car driven by an inexperienced driver (no licence!!), travelling too fast (42M skid) and unable to stop soon enough from 14 - 28M away to avoid an accident because the brakes had to be pumped six times to stop the car.
G
wally vella-zarb
Dec 12th 2008, 15:16
If I understood correctly, "Magistrate Giovanni Grixti said it was evident that it was the boy that drove onto the road and collided with the car". In other words, it was the cyclist who hit the car and not the other way round.
That is why it is the fault of the cyclist and not of the motorist; it is not a question of 'benefit of the doubt' or of the motorist 'getting away with it'.
That is also why the driver was fined only for the technical infringements and not for causing the accident; the facts showed that he was not the cause of what happened but that it was the cyclist.
D. Vassallo
Dec 12th 2008, 13:45
A 42 metre long skid mark at 40 km/h!
George Debono
Dec 12th 2008, 13:11
Amazing ! .
*A car driven by a driver without a licence hits a cyclist
*In a car with defective brakes and in bad condition
* with brakes that do not function until the pedal is "pumped six times"
* Who leaves a 42M skid mark in a residential road (Dawret it-Tunnara) which is presumably a speed-limited area.
* The driver says he was "driving the car to the mechanic" ...
This man gets the benefit of the doubt and gets away with it.
The four points * * * * above could easily suggest an alternative scenario of a car driven by an inexperienced driver (= no licence) travelling too fast and over the limit ( = 42M skid marks) and unable to stop soon enough (brakes had to be pumped six times) in a car incapable of stopping efficiently (wheels lock unevenly) . The driver was on the way "to the mechanic" (well, how did the car get to Dawret it-Tunnara?)
As usual a motorist gets the benefit of the doubt and not the cyclist. According to the report the cyclist was driving fast and not the BMW.
No wonder nobody uses a bike in Malta.
G
A.Dalli
Dec 12th 2008, 11:06
Should a car with defective brakes be driven to the mechanic or safely towed to a mechanic ?
Nigel lawrence
Dec 12th 2008, 10:39
I don't think any vehicle (especially one with defective ie- not working properly- brakes) will leave a "42 metre long skid mark" IF it was driving at 40 m.p.h.