Vanguards with large vehicles? Why wasn't this manslaughter?

http://news.stv.tv/west-central/271280-glasgow-city-council-fined-20000-over-death-of-malcolm-mcculloch/

Whilst less likely to be a major issue with cycling it highlights a duty of care issue which many drivers and operators simply ignore or fail to see.  I am however rather surprised that this does not seem to be a charge of manslaughter, and shows how we have such gross ambivalence in the way the law views killing people with motor vehicles compared to any other accessory.

Any thoughts?

Replies

It is a sad case. Wondering what speed was the bin lorry reversing at, that the victim didn't hear it in time to get out of the way? Why didn't the 2nd worker get out and see the truck back? The lorry had rear CCTV but it wasn't switched on! Perhaps it should, at least, come on automatically when reverse gear is selected, like reversing lights do? 

But coming back to your point, a fine of £20,000, not so much for the life lost, but more for the council disobeying h&s law, mmm that does irk me. How much would the victim be claiming off the council if he had survived? That's what the fine should be set at, plus the infraction on top!

The charge severity might depend on speed, and whether the victim stepped out from a concealed position behind a vehicle or if road was clear. And it would be Dangerous driving to reverse blind at speed, yes?

This post was edited by mikeybikey at 01:08pm 25 Apr 2014.

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