Taxi Driver Online

Driver charged with manslaughter after open car door leads to death of cyclist
Driver of vehicle whose opened door caused Sam Harding to swerve into path of London bus appears before magistrates

February 1, 2012 - 16:56

A 32-year-old man has been charged with manslaughter in connection with the death on London's Holloway Road of cyclist Sam Harding last August, the Metropolitan Police has confirmed.

Mr Harding, aged 25, died after being struck by a bus when he swerved to avoid the open door of a parked car. According a report in the to the Islington Tribune in the week following his death, a 31-year-old motorist was arrested at the scene and bailed to return at a later date.

The Metropolitan Police have confirmed to road.cc that the man charged in connection with Mr Harding's death was the motorist in charge of the parked car.

According to a report on the Cycling Intelligence blog at the time, the door was actually opened by a child who was in the vehicle, although that is unconfirmed.

In a statement, the Metropolitan Police said: "Traffic officers investigating the death of a cyclist in Holloway in August last year have charged a man with manslaughter."

Source; http://road.cc/content/news/51901-mansl ... am-harding

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

I know a driver of a vehicle is responsible for the conduct of his passengers, but where does that leave cab drivers and PHV drivers?

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

Errr, responsible!

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Grandad,

Brummie, I think it quite likely that if you allowed a Passenger to step out of your Cab, into moving traffic, and that passenger was injured.

You could be certainly held 'vicariously' liable for his injuries, as you have the ability to lock that door. If that lock were not working, I don't see how you could avoid some level of responsibility.

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Don't dream it ~ Be it.

I agree with what you write and that part is not in dispute.

But if a passenger opens a hinged door [mine thankfully are sliding] and a cyclist is similarly injured or killed, it's a little unfair on the driver.

In the case reported, it is alleged that a minor opened the car door into the path of the cyclist.

I am actually very careful when passengers are leaving my cab, but I know many other drivers couldn't care two hoots.

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

Can somebody explain how, as a driver, I am responsible for the actions of my passengers?

Because you are, simples

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

Rubbish! I am responsible for my actions alone. Whatever actions an adult passenger does is their responsibility.

No YOU are in charge of the vehicle it is your responsibility to make sure that your passengers exit the vehicle safely without injury or accident to themselves or others

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lack of modern legislation is the iceberg sinking the titanic of the transport sector

If you are in a 'purpose built' Hack, then you are able to lock the Roadside Passenger Door.

However, if you are in a Saloon, I do not believe that this is possible. You are therefor unable to stop a passenger opening the Roadside Door and cannot be held responsible for the actions of someone over whom you have no control.

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Don't dream it ~ Be it.

Correct. Sort of. I am responsible for a Duty of Care to my passengers and any other 3rd party.If they trip, injure themselves or others through their own actions and not any of mine. I am not responsible.
But it is plainly obvious a driver is not responsible for the actions of a passenger.

The punter may have asked if it was safe to leave, and the driver said yes.

The driver may have parked in a position meaning the punter had to do a dangerous manoeuvre to get out.

Until we hear the full sp, we just don't know.

But the police wouldn't have charged him, and a court wont convict him, if he has done nothing wrong.

I hope.

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IDFIMH

You can if you have child locks

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

This might be helpful towards an understanding of the legal issues:

Brown v Roberts

The duty under the Road Traffic Act 1930 s.35(1) to insure against the third-party liability of any person permitted to "use" a motor-vehicle applies only to a user of the vehicle by a person in whose relationship to the vehicle there is a sufficient element of controlling, managing or operating the vehicle, and does not extend to a person who is merely a passenger and who has, as a passenger, control of a door as he gets in or gets out. The plaintiff, a pedestrian, was injured by a van door negligently opened by a passenger in the van. The owner of the van was not insured against the third-party liability of passengers. The plaintiff took action against the owner for breach of statutory duty.

Held, that no breach of statutory duty was established.

Court: (QBD) Queen's Bench Division
Judge: Megaw, J.
Judgment date: March 22, 1963

and

Edelman v Harcott

E, the owner of a black cab driven by his agent, R, brought an action in negligence against H, another black cab driver, claiming the costs of repair to his vehicle arising from damage caused when a passenger of H opened a rear door of the cab into R's path. H counterclaimed, alleging that R should have avoided the collision. The collision occurred in the "drop off" area outside busy train station where in order to drop passengers, a cab needed to pull up to the kerb on its offside. A rear passenger opened her nearside door into R's path but left the scene without leaving any details. Evidence was given that the area outside the station was badly designed for dropping passengers off, and that a driver of a black cab had some degree of control over unlocking the rear doors. Held, giving judgment for the claimant, that the passenger was clearly negligent in opening the rear door when it was unsafe to do so. However, there were circumstances when a cab driver was responsible for the actions of his passengers but such liability only arose if there was negligence on the part of the driver. As H had acknowledged that the area was unsafe, he should have taken steps to prevent the passenger opening the door into a line of traffic by either keeping the doors locked or by telling the passenger not to get out on the nearside of the cab; accordingly H was negligent.

Court: (CC (Ilford)) County Court (Ilford)
Judge: Deputy District Judge Joslin
Judgment date: February 21, 2001

Source; http://myreader.co.uk/msg/1303197390.aspx

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

toots: as far as I know, Child locks are rarely 'door' selective.

They are either 'on' or 'off'.

To allow your Customers to leave the Car, they need to be turned off and then all the doors can open.

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Don't dream it ~ Be it.