Cyclist was hit by car doing 10mph
9:47am Thursday 23rd February 2012 in News
A MOTORIST was believed to be driving at about 10mph when he hit and killed a cyclist, a court heard Bernard Parkes, aged 64, suffered a serious head injury and died hours after his bike was struck by Lee Kenny’s Peugeot 307, near to Bury College on March 23 last year.
Bolton Crown Court was told there was no damage to Mr Parkes’ bike or Kenny’s car, but the victim was not wearing a helmet.
Mr Parkes had been shopping and had bags hanging on his handle bars when the crash happened at 7.30am while he cycled back to his home in Radcliffe Road, Bury.
Kenny, aged 36, was on the way to work in Crewe from his home in Rochdale Old Road, Bury, when he pulled out on the roundabout at Market Street’s junction with Wellington Road.
Peter Barr, prosecuting, told Judge Timothy Clayson the crash was a “glancing blow at a low speed”, thought to be about 10mph. There were no eyewitnesses.
Mr Barr said: “Lee Kenny said he slowed as he came to the junction. He sees a car going from Market Street to Market Street north. He doesn’t see the cycle.
“A police officer has concluded there was a collision between the car and bike. It’s a glancing blow at a low speed. Mr Parkes was knocked from his cycle. He strikes his head when he lands on the carriageway.”
Kenny, who had no previous convictions, helped at the scene and had been struck with remorse for his victim’s family.
Mark Friend, defending, said: “Mr Kenny is a thoroughly decent man who has contributed to both his local and wider community. His day began with an ordinary journey to work and, in those hours, his life changed in a second.”
He added: “He realises nothing he can say could sway the grief for which he is truly sorry. His wish to me was to indicate his utter remorse for what happened.”
Kenny pleaded guilty to death by careless driving.
Judge Clayson sentenced him to serve a 12-month community order with 160 hours of unpaid work. He was disqualified from driving for 18 months, but will not have to do a retest before driving again.
The judge said: “No sentence the court can impose can replace a loved one or reduce the grief experienced by close relatives.”
Mr Parkes leaves behind his two brothers, David and Malcolm, and his sister, Joyce.
Comments(14)
xBuryGirlx
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3:40pm Thu 23 Feb 12
Babbar Divino
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7:44pm Thu 23 Feb 12
snodgros
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8:57am Fri 24 Feb 12
xBuryGirlx wrote:I agree with you xBuryGirlx! A tragedy for all concerned. RIP Mr Parkes.
sorry supaking but I disagree with you, this isnt a typical case of a drink driver or someone with no insurance etc. This is a man who has made a mistake. There are numerous times cyclists have pulled out or I have not seen them until the last minute. He isn't blaming the cyclist, but maybe the cyclist would have had less serious injuries had he been wearing a helmet. I feel sorry for both parties, the cyclists family and Mr Kenny. A tragic accident. RIP Mr Parkes
martuk2002
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11:58am Fri 24 Feb 12
supaking
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7:36pm Fri 24 Feb 12
martuk2002
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8:32pm Fri 24 Feb 12
supaking
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3:53pm Sat 25 Feb 12
buryreader
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7:43pm Sat 25 Feb 12
Have you considered that has there was so little contact between car and bike there was no damage to either that had the cyclist of be NOT had shopping bags on his handle bars he may not of lost control has easily with the glancing blow, he may of fell differently had the bags not been there, if he had a helmet on he would probably be here to tell the story himself. This was a accident, a tragic accident.
martuk2002
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8:57pm Sat 25 Feb 12
So before you climb on your soap box once again, deal in facts as I already have done. Perhaps more emphasis should be placed on the lack a laws governing cyclist’s and safety. If there was a law making the wearing of cycle helmets mandatory, perhaps fatalities would decrease.
supaking
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12:31am Mon 27 Feb 12
Facts of this case and of which the driver was found guilty are:
He did not see the cyclist when he should have seen him..it doesnt matter in the slightest if he was wearing a helmet or had shopping on his handlebars. The driver did not look properly, killed someone and got a PATHETIC sentence. There are your facts. Im shall not be replying again as ill be busy cycling around Bury, so please look out for me :) thank you, oh and have a read at some other "sentences" handed down to drivers who "accidently" dont look out for cyclists.
http://forum.ctc.org
.uk/viewtopic.php?f=
6&t=50829
http://www.stop-smid
sy.org.uk/
xBuryGirlx
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11:00am Mon 27 Feb 12
Greenmount
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11:55am Mon 27 Feb 12
A 64 year old guy is riding a bike early in the morning without a helmet and with bags of shopping hanging from the handlebars....as a cyclist, is that something you would do yourself? There is a glancing blow that causes no damage to the bike and the cyclist dies because he bangs his head on the floor.
The driver, who appears to be a decent enough bloke, gets community service and loses his job, no further punishment warranted or needed.
ladymanchester54
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7:22pm Mon 27 Feb 12
I find it frustrating and unfair that cyclists who use the road are not required to wear helments but motor cyclist are!!!. Why is that. There both road users. My children where never allowed to ride their bikes unless they had a helmet on. If a motor cyclist doesn't wear a helmet and is seen by the police, they are pulled up. Shouldn't cyclist have to follow the same procedure!!! and accidents such as this, could be reduced or even prevented.
My thoughts are with both families and I also feel that the law should be changed so all users on two wheels are obliged to wear helmets and if children are spotted, there bikes should be confiscated till the parents get them a helmet. If they can afford a bike, they can afford a helmet.
supaking says...
10:25am Thu 23 Feb 12