Killed cyclist's family sue van driver
The widow of Scottish cyclist Jason MacIntyre is seeking damages of £500,000 from the driver involved in the collision that killed her husband.
Caroline MacIntyre and
other family members are suing van driver Robert McTaggart and his council
employers at the Court of Session in
MacIntyre was killed while
training in
Mrs MacIntyre is claiming the death of her 34 year-old husband has deprived her and her family of financial support. Jason MacIntyre was one of the country's top cyclists, having won two British 25-mile championships and being a candidate for both the Beijing Olympics and 2010 Commonwealth Games. After his cycling career, he could have earned money as a coach, advisor or commentator.
A judge has ruled the damages action could be decided by a civil jury, despite McTaggart's lawyers asking for it to be heard by a judge only.
Lord Brailsford said: "I fully recognise it is a more speculative sort of claim than would be the case if the person was in a more mainstream sort of occupation, but that does not mean the pursuer should be disentitled to jury trial because of that."
MacIntyre’s family were dismayed by the sentence handed out to McTaggart last August, with his father insisting the council worker should have been jailed. "He was an outstanding cyclist with Scottish and British championships," he said. "Jason was killed by Robert McTaggart. There is to be no justice for Jason and no justice for his family.
"McTaggart should have faced charges of culpable homicide or causing death by dangerous driving. He should be in jail."
User Comments
There are 15 comments on this post
Showing 1 - 15 of 15 comments
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psiturbo
Posted Fri 2 Oct, 11:25 am UTC Flag as inappropriate
500 pesos and 6 month suspension, please give me a break. Leave that driver money dry so he learns his lesson, its about time as the law does not protect the cyclists at all and this is everywhere.
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MrRex
Posted Fri 2 Oct, 11:38 am UTC Flag as inappropriate
I knew Jason, fine cyclist who had the talent to make it.....He sacrificed loads for a family he loved!
It's a difficult one as to the punishment of drivers. Most of us seen dangerous driving everyday that could result in deaths. Take mobile phones...... I was in a car with a friend who decided to do a "quick text" and didn't see much wrong with it until I told him to stop the car and drop me off!
It's not a car versus bike thing but people not thinking of the consequences of what they feel is a minor indiscretion !
I now stop at all lights, don't shout abuse at drivers or do anything that may put cyclists in a bad light, regardless of the circumstances!
Lets just all think of others a bit more, rather than be caught up in our own little world :)
Chapeau Jason !
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gabriel959
Posted Fri 2 Oct, 11:56 am UTC Flag as inappropriate
Go for it woman! Dry them up!!!
What is happening in this country where people lives are worth nothing??!?!?
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Jon8a
Posted Fri 2 Oct, 11:57 am UTC Flag as inappropriate
£500 and six months is an appallingly leanient sentence. An example needs to be made as apparently the threat of killing a cyclist is not enough to deter people from driving like prats. Maybe a few years in jail and financial ruin would wake them up to the reality of what goes on outside their metal box.
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skidzymagee
Posted Fri 2 Oct, 12:02 pm UTC Flag as inappropriate
I wish his wife and family the best of luck , financial ruin will make some companies smell the coffee . I am amazed how close some drivers come to knocking me off . I wonder whether its deliberate at times .
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stuvine
Posted Fri 2 Oct, 12:15 pm UTC Flag as inappropriate
Have I read this correctly? Are they suing the driver, OR suing his council employers? In which case are they actually suing his employers insurance company and the driver will probably be no worse off?
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MrRex
Posted Fri 2 Oct, 12:49 pm UTC Flag as inappropriate
It will be an insurance company that pays up.
The fine is pretty standard for careless driving. The law cannot take into account that someone died in a case like this!
I wish it would make a difference if we threw the book at the driver but it won't. Maybe community service where the driver had to work with Sutrans or something would be better.
Making the guy penniless isn't a solution or is putting him in jail !
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BikingBernie
Posted Fri 2 Oct, 12:58 pm UTC Flag as inappropriate
"The 'less' offence of 'careless driving'- introduced On the insistence of the motor interests to provide a part-escape for offenders- should be abolished: in the existing circumstances careless driving is of course always also dangerous driving."
From 'Murder most foul: a study of the road deaths problem', by J.S. Dean. (1947).
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Steve I
Posted Fri 2 Oct, 2:50 pm UTC Flag as inappropriate
I was struck side on by a car while I had right of way on a roundabout (I estimate about 30mph) , the driver claiming not to have seen me. I was wearing hi viz clothing. £700 new bike written off, torn clothing, smashed helmet, severe extensive bruising, cuts and grazes, severe neck strain, pain, stress, hassle, inconvenience, worrying (lots of).
The driver escaped with a Training course costing about £200 and no points on her licence. Be very worried if you cycle on Merseyside, the Police can't even be arsed prosecuting for careless driving let alone dangerous driving.
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BikingBernie
Posted Fri 2 Oct, 3:36 pm UTC Flag as inappropriate
"Be very worried if you cycle on Merseyside, the Police can't even be arsed prosecuting for careless driving let alone dangerous driving."
This is a countrywide problem. To a large degree the police have taken it on themselves to decriminalise criminal driving behaviour. Perhaps this is not surprising given that many police officers are also habitually commit motoring crimes, especially speeding.
The number of ‘careless’ driving convictions has plummeted in recent years. In 1981 over 180,000 motorists were prosecuted for 'careless' driving. By 2000 this figure had fallen to just 94,800. It's not as though the police are focusing on 'dangerous' driving either. In 2000 fewer people were prosecuted for dangerous driving than in 1961! (With 9,200 drivers being prosecuted in 2000, as opposed to 10,900 in 1961).
Rather than tackling driving crime it seems that the police, jumping to the tune of the nation’s ‘Daily Mail readers’, now spend much of their time 'cracking down' on cycling 'offences' such as cycling on footway. (Ignoring the Home Office guidelines which say only those riding without consideration for pedestrians should be prosecuted). Perhaps if they took driving crime more seriously people would feel safe enough to cycle on the road…
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ademort
Posted Fri 2 Oct, 3:57 pm UTC Flag as inappropriate
The fine and ban are in line with what he would have recieved in the Netherlands. Totally inadequate and a disgrace. Hope the wife sues and gets plenty, good luck to her.
Ademort
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carbonfiend
Posted Fri 2 Oct, 5:52 pm UTC Flag as inappropriate
I don't think its just us cyclists that suffer, there is a deep reluctance here in the uk to take death caused by dangerous,wreckless or criminal driving serious. How many times have you read of a death caused by some foolish behaviour punished by small to at best medium jail terms. One of the few plus points I see from the USA is the way in which some states see the car as a lethal entiity and any reckless misuse that casues death can and is treated as manslaughter or even murder, in fact i think at this time there is a guy in NYC being charged with murder of a uk citizean because he was epilepic and didn't or wouldn't take his medication and thus had an accident in a van resulting in a death
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NWLondoner
Posted Sat 3 Oct, 8:51 am UTC Flag as inappropriate
I think the main problem in this country is that most people think they have the RIGHT to drive at 17 and obtaining a licence is just a formality.
We NEED to educate people that driving a car is a privilege and a skill and we should be testing ALL motorists at say 10 year intervals and be more willing to revoke a persons licence for life.
Good luck to Mrs MacIntyre as it is not acceptable to just say " i didn't see you" and this defence is then used as an automatic get out of jail free card!!!
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Super Fatty
Posted Sat 3 Oct, 4:19 pm UTC Flag as inappropriate
I was cycling home from work the other day when a white builders' van behind started beeping me because I was not going fast enough. He could not overtake because of on coming traffic. Anyway, when they passed one guy shouted out something like "You f******g" p**f, get off the f*****g road!" I was genuinely shocked and it put me in a bad mood the whole evening.
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Hangie
Posted Tue 6 Oct, 9:30 am UTC Flag as inappropriate
I used to get stressed out commuting back, giving as good as I got.
Now I've found there is nothing more satisfying than being polite back with lots of eye contact, tends to make them feel rather foolish rather than vindicating their behaviour by giving the same back!!
Also ride defensively now, positioning in middle of lane until I think it is safe for them to overtake. Pullout into lane before a junction to stop the left turners, then a nice wee wave to thank them for their patience when they go past. Works a treat (most of the time)
Only guy I have not won over is the Moped rider I pass every week or so, but some people will never take defeat with dignity!!
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