So the thing to take from this is that cyclists have no rights, even if they die? Fucking shit.
https://www.bv.com.au/general/bikes-and-riding/10218/
10 November 2011. A driver responsible for the ‘dooring’ death of a bike rider was not charged by police after senior officers blocked any prosecution.
The unexplained decision was revealed at the inquest into the March 2010 death of James Cross, 22, of Hawthorn, who was ‘doored’ and propelled under the wheels of a five tonne trailer being pulled by a dump truck.
Cross, a Monash University student, died at the scene of chest and pelvic injuries.
The inquest was told that police were not able obtain a statement from the driver, Mrs Ellen Richards, 60, until some three months after the crash. The statement had already been vetted by Mrs Richards’ solicitor.
Mrs Richard’s told the inquest that although she looked in the mirror of her black BMW, she failed to see Mr Cross. She maintained that she only opened her door 12 centimetres although witness reported the door being opened sufficiently wide for a driver to alight from the vehicle.
The Coroner, Heather Spooner, found that Cross was riding appropriately in a shared bike and parking lane with bike markings.
Under questioning at the inquest Senior Constable Linda Kane, who prepared the Coronial Brief, acknowledged that the potential police charge of opening a vehicle door to the danger of another was not pursued.
She said she has spoken to her ‘bosses’ at Boroondara Station who informed her that a charge against Mrs Richards would not be authorised.
Coroner Spooner said that with cyclist numbers growing across the state, ensuring their safety was of paramount importance if cycling is to be promoted as a legitimate form of transport.
“Cyclist have a right to ride in safety and not be fearful of being hit by a car door”, she said.
“Motorists need to be more aware of their responsibility to thoroughly check for cyclists before opening a car door.”
She recommended that VicRoads work closely with local government to promote the reconfiguration of bicycle and parking lanes to place the bike lanes adjacent to the curb, Copenhagen-style.
She also recommended that VicRoads implement a communication campaign to educate motorists of the need to thoroughly check before opening their car door, and to increase awareness among cyclists of the need to remain vigilant when riding past car doors.
