Careless lorry driver killed much-loved Derbyshire cyclist

[swldx...@gmail.com]

A lorry driver has admitted to being responsible for killing a well-loved Derbyshire cyclist following a collision near Ashbourne. Richard Smith pleaded guilty to causing the death of David Bates by careless driving.

Mr Bates, a retired builder, died when he was riding a bicycle which collided with a Volvo lorry being driven by the defendant on the A515 between Clifton and Ashbourne on September 10, 2019. Police shut the road between Darley Moor and Ashbourne at around 3.30pm and it reopened at around 7pm.

Smith, 41, had originally denied a more serious charge of causing death by dangerous driving. But prosecutor Philip Plant told the hearing at Derby Crown Court that following discussion with the police and reviewing lawyer a guilty plea to the lesser charge would be acceptable.

Defence barrister Tim Pole asked for an adjournment to the sentencing hearing as his client suffers "significant mental health issues" which he asked to be looked into for a report.

Adjourning the case until next month, Judge Jonathan Bennett said: "You have pleaded guilty to causing death by dangerous driving and you will get substantial credit. Clearly, I want to know about your mental health issues and so the diversion team are going to prepare a report.

"You will be back in court on June 23 for sentence and you are going to be disqualified from driving for a long time so I am imposing an interim disqualification from today. If you have driven here , you can't drive back and all (sentencing) options remain open. Until that date I am handing you bail."

Following his death Mr Bates, 71 and from Clifton, Ashbourne, was described by his family as "young at heart" and a "lovely man".
They said he was a "loved by everyone who knew him and whose death has left a big hole in the lives of his loved ones".

At the time, his daughter said: “Dad had a passion for cycling and motorbikes and kept canaries as a hobby. He was full of life and always on the go. We will miss him a great deal.”

Smith, of King Street, Middleton-by-Wirksworth, will be sentenced at Derby Crown Court on June 23.

https://www.derbytelegraph.co.uk/news/local-news/careless-lorry-driver-killed-much-7107613

[swldx...@gmail.com]

Oldfatgit | 293 posts | 4 hours ago
7 likes

“You have pleaded guilty to causing death by careless driving and you will get substantial credit."

Substantial credit? What ...
Like community service (as per the driver that killed a cyclist in West Lothian)
Or the normal 'have a 6 month suspended sentence' ...

Not to mention "his client’s “significant mental health issues.”".
If his mental health issues are that "significant", why was he driving a truck?
Should not his employer also now be in the dock for allowing someone with “significant mental health issues" to drive?

[Mike Collins]

"riding a bicycle which collided with"? No, that implies the victim took some active part. The cyclist was riding his bicycle on a road he had a right to use and the lorryist drove in to him.

[Rob Morley]

On Mon, 23 May 2022 10:21:20 -0700 (PDT)
"swldx...@gmail.com" <swldx...@gmail.com> wrote:

> Not to mention "his client’s “significant mental health issues.”".
> If his mental health issues are that "significant", why was he
> driving a truck? Should not his employer also now be in the dock for
> allowing someone with “significant mental health issues" to drive?
>

Those were my thoughts too.

[Spike]

Charlie Alliston, whose brakeless bicycle killed a woman in a collision,
also had had 'mental health' issues - so why was he allowed to be in
charge of such a bicycle-weapon?

--
Spike

[Mike Collins]

That would be the case where a pedestrian walked into the road in front of a moving vehicle whilst not wearing a helmet. If the victim had only been driving a car.

[swldx...@gmail.com]

Letting someone with KNOWN mental health problems drive a truck is highly irresponsible and dangerous.

[JNugent]

I am surprised that you have the brass neck to criticise anyone
suffering from significant mental health issues.

[Mike Collins]

I have aspergers which makes me want to avoid confrontation and therefore a better driver and cyclist.

[Spike]

On 24/05/2022 09:54, Mike Collins wrote:
> On Tuesday, 24 May 2022 at 09:00:53 UTC+1, Spike wrote:
>> On 23/05/2022 17:21, swldx...@gmail.com wrote:
>>> Oldfatgit | 293 posts | 4 hours ago

>>> 7 likes

>>> “You have pleaded guilty to causing death by careless driving and you will get substantial credit."

>>> Substantial credit? What ...
>>> Like community service (as per the driver that killed a cyclist in West Lothian)
>>> Or the normal 'have a 6 month suspended sentence' ...

>>> Not to mention "his client’s “significant mental health issues.”".
>>> If his mental health issues are that "significant", why was he driving a truck?
>>> Should not his employer also now be in the dock for allowing someone with “significant mental health issues" to drive?

>> Charlie Alliston, whose brakeless bicycle killed a woman in a collision,
>> also had had 'mental health' issues - so why was he allowed to be in
>> charge of such a bicycle-weapon?

> That would be the case where a pedestrian walked into the road in front of a moving vehicle whilst not wearing a helmet. If the victim had only been driving a car.

Cars have been fitted with brakes since they were invented. Bicycles
haven't. Some still aren't. Like Alliston's.


--
Spike

[swldx...@gmail.com]

>
> Smith, of King Street, Middleton-by-Wirksworth, will be sentenced at Derby Crown Court on June 23.

Let's hope the jail term is LONG.

[Spike]

Letting someone with KNOWN mental health problems jump off a bridge and
under a truck is highly irresponsible and dangerous.

--
Spike

[swldx...@gmail.com]

>
> Smith, of King Street, Middleton-by-Wirksworth, will be sentenced at Derby Crown Court on June 23.

I will keep an eye out for his jail sentence.

[Spike]

On 24/05/2022 16:47, swldx...@gmail.com wrote:

>> Smith, of King Street, Middleton-by-Wirksworth, will be sentenced at Derby Crown Court on June 23.

> Let's hope the jail term is LONG.

As long as Alliston's, perhaps.


--
Spike

[swldx...@gmail.com]

Glad to hear it.

[Spike]

On 24/05/2022 16:49, swldx...@gmail.com wrote:

>> Smith, of King Street, Middleton-by-Wirksworth, will be sentenced at Derby Crown Court on June 23.

> I will keep an eye out for his jail sentence.

Have you ever thought of being vindictive?

--
Spike

[swldx...@gmail.com]

On Saturday, May 21, 2022 at 6:17:55 PM UTC+1, swldx...@gmail.com wrote:

>
> Smith, of King Street, Middleton-by-Wirksworth, will be sentenced at Derby Crown Court on June 23.

Might even be on the radio as I can receive BBC Radio Derby here.

[Mike Collins]

Yet pedestrians are 200 times as likely to be killed on a pavement by a motor vehicle than a pedal cycle.
If the victim had been driving a motor vehicle rather than riding a pedal cycle he would not have been blamed.
https://www.legislation.gov.uk/uksi/1983/1176/pdfs/uksi_19831176_en.pdf

[Spike]

On 24/05/2022 20:04, Mike Collins wrote:
> On Tuesday, 24 May 2022 at 17:42:12 UTC+1, Spike wrote:
>> On 24/05/2022 09:54, Mike Collins wrote:
>>> On Tuesday, 24 May 2022 at 09:00:53 UTC+1, Spike wrote:
>>>> On 23/05/2022 17:21, swldx...@gmail.com wrote:
>>>>> Oldfatgit | 293 posts | 4 hours ago

>>>>> 7 likes

>>>>> “You have pleaded guilty to causing death by careless driving and you will get substantial credit."

>>>>> Substantial credit? What ...
>>>>> Like community service (as per the driver that killed a cyclist in West Lothian)
>>>>> Or the normal 'have a 6 month suspended sentence' ...

>>>>> Not to mention "his client’s “significant mental health issues.”".
>>>>> If his mental health issues are that "significant", why was he driving a truck?
>>>>> Should not his employer also now be in the dock for allowing someone with “significant mental health issues" to drive?

>>>> Charlie Alliston, whose brakeless bicycle killed a woman in a collision,
>>>> also had had 'mental health' issues - so why was he allowed to be in
>>>> charge of such a bicycle-weapon?

>>> That would be the case where a pedestrian walked into the road in front of a moving vehicle whilst not wearing a helmet. If the victim had only been driving a car.

>> Cars have been fitted with brakes since they were invented. Bicycles
>> haven't. Some still aren't. Like Alliston's.

> Yet pedestrians are 200 times as likely to be killed on a pavement by a motor vehicle than a pedal cycle.

Data, if you don't mind.

> If the victim had been driving a motor vehicle rather than riding a pedal cycle he would not have been blamed.

Fantasy

> https://www.legislation.gov.uk/uksi/1983/1176/pdfs/uksi_19831176_en.pdf

Is there a point that you're failing to make?

--
Spike

[swldx...@gmail.com]

3 days ago

Surely if you have or are suffering from such a weighty mental health condition, then you shouldn't be driving anyway? I have no doubt he will convert to a major religion in prison to help alleviate any guilt associated with this crime, which after all, amounts to Murder by Lorry.

[Spike]

On 25/05/2022 09:55, swldx...@gmail.com wrote:

> Surely if you have or are suffering from such a weighty mental health condition, then you shouldn't be driving anyway? I have no doubt he will convert to a major religion in prison to help alleviate any guilt associated with this crime, which after all, amounts to Murder by Lorry.

Surely if one is suffering from such a weighty mental health condition,
then one shouldn't be cycling anyway? I have no doubt one could convert

to a major religion in prison to help alleviate any guilt associated

with such crime, which after all, amounts to Murder by Cycle.


--
Spike

[Mike Collins]

The sincerest form of flattery.

[swldx...@gmail.com]

4 days ago

I think that possibly the mental health issues arose after the accident mabe for what the driver had to witness for his bad miss judgment the D.V.L.A. wouldn't allow you to drive a Hgv will mental health issues

[JNugent]

On 25/05/2022 02:11 pm, swldx...@gmail.com wrote:

> 4 days ago
>
> I think that possibly the mental health issues arose after the accident mabe for what the driver had to witness for his bad miss judgment the D.V.L.A. wouldn't allow you to drive a Hgv will mental health issues

For shame... stop accusing others (whom you do not and cannot possibly
know) of being mentally ill, Doctor Mason.

[swldx...@gmail.com]

4 days ago

I'm 60 and have just started driving class 2. I didn't realize just how much you had to keep all eyes on everything. I actually feel for all parties. My reason for driving is to boost my pension in a few years time.

[Spike]

On 24/05/2022 13:42, Mike Collins wrote:

> I have aspergers which makes me want to avoid confrontation and therefore a better driver and cyclist.

"Poor Social Skills

Because of their limited fields of interest and low emotional ability,
Asperigans feel isolated through most of their childhood and into
adulthood. Aspergians do try to make friends, but they are often either
temporarily successful or completely unsuccessful due to their lack of
social skills. In the end, they sometimes display a lack of interest or
even curiosity for the discussions, thoughts, and opinions of the people
they temporarily befriend."


--
Spike

[Spike]

On 25/05/2022 13:11, swldx...@gmail.com wrote:
> 4 days ago

> I think that possibly the mental health issues arose after the accident mabe [SIC] for what the driver had to witness for his bad miss [SIC] judgment
[SIC] the D.V.L.A. wouldn't allow you to drive a [SIC] Hgv [SIC] will
mental health issues



--
Spike

[swldx...@gmail.com]

5 days ago

Me and the Mrs both ride bikes socially. Cyclists do generally seem to know full well the law as it now stands. Unfortunately it's all very well knowing you always have priority but a lot don't realise the consequences of making a sudden decision at the last moment. Cars. Lorries. Buses don't just stop. It's like the law that says you must stop and give way to pedestrians. Pedestrians still give way to cars. Pedestrians generally understand it's better to let cars go and cross after. You can't get run over behind the car. Common sense keep everyone safe. Unfortunately the government have no common sense when making laws.

[Spike]

On 26/05/2022 10:22, swldx...@gmail.com wrote:
> 5 days ago

> Me and the Mrs [SIC] both ride bikes socially. Cyclists do generally seem to know full well the law as it now stands. Unfortunately it's all very well knowing you always have priority[?] but a lot don't realise the consequences of making a sudden decision at the last moment. Cars. Lorries. Buses don't just stop. It's like the law that says you must stop and give way to pedestrians. Pedestrians still give way to cars. Pedestrians generally understand it's better to let cars go and cross after. You can't get run over behind the car. Common sense keep everyone safe. Unfortunately the government have no common sense when making laws.

There are so many misconceptions and diversions from reality that the
piece above should be buried and forgotten.

--
Spike

[swldx...@gmail.com]

5 days ago

Serious mental health issues but still allowed to drive a lorry? Given bail leads you to think no custodial sentence time will tell

5 days ago

Getting bail does not rule out a custodial sentance (sic) in any way, no reason not to grant bail, he will have been on bail since 2019.

[JNugent]

On 26/05/2022 11:22 am, swldx...@gmail.com wrote:
> 5 days ago
>
> Me and the Mrs both ride bikes socially. Cyclists do generally seem to know full well the law as it now stands.

But it's a great shame, and even a tragedy (far too often for others),
that they're not so hot on obeying the law.

[swldx...@gmail.com]

5 days ago

It seems mental health issues can be used as an excuse for anything now , this makes it harder for people with real issues to be taken seriously.

Plus they don't tend to drive lorries when suffering from it. Barking mad.

[JNugent]

No comment...

[swldx...@gmail.com]

>
> "You will be back in court on June 23 for sentence and you are going to be disqualified from driving for a long time so I am imposing an interim disqualification from today. If you have driven here , you can't drive back and all (sentencing) options remain open. Until that date I am handing you bail."

According to the comments, he has been on bail for THREE YEARS.
Put out of his misery next month at the earliest.