Case Study

Driver arrested after 58-year old cyclist killed (02/02/13)

The driver of a grey Chevrolet, a 49 year-old local man, was arrested at the scene.

BBC news reported he was arrested on suspicion of death by dangerous driving, whereas local newspaper, Spalding Today, reported he was arrested on suspicion of death by careless driving. He has been released on bail, pending further enquiries.

Emergency services were called to the scene of the collision in Loosegate Road, Moulton Seas End, at around 5.30pm. The cyclist, a local man, was pronounced dead at the scene.

Anyone who witnessed the incident or saw a grey Chevrolet in the area at the time is asked to call the accident hotline on 01522 558855 or 101, quoting incident 330 of 1st February.

  • UPDATE (06/02/13)

The cyclist has been named as David Ernest Hall, from Moulton Seas End.

Location of collision – https://maps.google.co.uk/maps?q=Loosegate+Road&hl=en&ll=52.81913,-0.042…

  • UPDATE (02/01/14)

Joseph Strong (50), of Burnstone Gardens, Moulton, pleaded guilty to causing the death by careless driving of David Hall.

Judge Michael Heath adjourned sentence for a probation report and granted bail to Strong.

  • UPDATE (17/01/14)

Strong was given a 6 month prison sentence suspended for 12 months at Lincoln Crown Court. He was banned from driving for one year.

Speaking after the sentencing Mr Hall’s wife of 37 years, Vera, said: “No sentence handed down by the courts can ever match the loss that our entire family has suffered.

“Although I feel no hatred towards the defendant, I hope that he has had time to reflect on the terrible consequences that his actions have had on our family.

“David cycled that journey every day and knew the route well. He only needed to ride just a few yards more and he would have made it home safely.”

Solicitors representing the family said the speed limit on the section of road where the accident happened had been reduced to 40mph following Mr Hall’s death.

  • UPDATE (21/01/14)

Lincoln Crown Court heard that Joseph Strong failed to see David Hall despite the cyclist wearing a high visibility jacket and having his lights on as he made his way home from work in the early evening.

Phil Howes, prosecuting on Thursday, said that Mr Hall (58) was waiting to turn right off the B1357 onto Green Lane at Moulton Seas End when he was hit.

The defendant was driving his Chevrolet travelling south through the village of Moulton Seas End. David Hall was riding his cycle north along that same road coming towards the defendant from round the bend.

“As the Chevrolet negotiated the bend it collided with Mr Hall on his pedal cycle.”

Mr Howes said that Strong stopped at the scene and along with other motorists tried to assist Mr Hall along with paramedics and a doctor but they were unable to save him.

Strong admitted he was “near” to the centre of the road as he took the bend but said “He came out of nowhere. I didn’t see him.”

Accident investigators who reconstructed the incident concluded that Mr Hall was stationary before turning right onto Green Lane and was waiting for Strong’s car to pass. Strong was cutting the corner on the bend and his wheels were over the centre broken white line as he was trying to avoid being too close to the edge of the road.

A survey later carried out by police revealed that over half of motorists cut the corner when negotiating the same bend. This survey was not considered relevant by the judge.

The family of Mr Hall are preparing civil action against the driver.

Since Mr Hall’s death the speed limit on the stretch of road where he was killed has been reduced to 40mph on the approach to the village.

CTC's view: 

By imposing the shortest possible driving ban for this offence and a short suspended sentence (compared with the maximum 5 years), the judge in this case clearly ranked the level of carelessness of the driving as very low.

CTC believes a longer driving ban and an order to re-sit the driving test would have been more appropriate.

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