Government to Consider the Creation of New Offences for Causing Death or Serious Injury when Cycling
When Charlie Alliston was sentenced to 18 months in jail for causing the death of Kim Briggs as she stepped into Old Street, a campaign formed to change the UK’s laws on causing death or serious injury when cycling.
The current law is governed under section 35 of the Offences Against the Person Act 1861 but requires a cyclist to ‘have a degree of subjective recklessness so far as the foreseeability of causing injury is concerned’.
A cyclist may also be charged with dangerous or careless cycling under the Road Traffic Act 1988 for which the maximum fines range from £1,000.00 to £2,500.00.
However at present there is no specific offence for causing a death.
Comparatively, the maximum penalty for causing death or serious injury by driving a motor propelled vehicle is 14 years imprisonment and the Government has opened a Public Consultation to address the issue of which responses are due by 05 November 2018.
Most cyclists do not have insurance which would pay out for a civil action being pursued by someone who has been injured by their reckless riding. If you have been injured by the actions of a cyclist then you may wish to contact our Expert Personal Injury Team to see whether a claim can be pursued.