Update - he lost the case.
Penny Knight - legal bod for British Cycling is pleased at this result as it would have set a precedent - and been far reaching on cycling in Britain.
(hmmm.. insurance.. duty of care..

I am sure that the Mad Cats are right in their vision of complete adoption of the bicycle as the main means of commuterland in dark reality

all the same. Volume means legistlation. .means "health and Safety." and compulsory insurance.

etc )
But this case could have affected the status quo as it stands at the moment.

had it been successful.
It was the expected outcome of course in reality based on current precedent of similar cases of the past - but as Penny K points out
Quote:
You never know what a jury might decide

As it happens - it was decided on a majority of 8 to 4. Not exactly unanimous

and not acceptable in a criminal case where a majority verdict is allowed but on a 10 to 2 as basic.
The claimant alleged that the defendant's hands were not hooked around the levers when he hit the manhole and that this caused the crash.
John Franklin (Cyclecraft) and president of the Edinburgh Cycle Club were "expert witnesses" in the court.
The claimant spent 7 weeks in hospital and has had to give up his job as as result of the crash (his claims) He faces a £40K legal bill and is considering an appeal at this verdict.
However, he conceded that riding in close proximity to others
carries a risk of accident - somethimes serious accident The defendant's lawyer argued successfully that
cyclists take a voluntary risk of injury and serious injury by riding without a safe stopping distance
and it applies to other cycling requirements too..
The claimant replied that
Quote:
risk was a miniumum risk given the nature of the group you choose to ride with and the experience of everyone involved
However, this case revolves around a group ride.
If and when cycling becomes the transport of choice for the majority - you can bet the rules and duty of care will become very much akin to those governing today's motorists and the average commuter witll be just as intent to get to work on time as he/she is in the traffic queues.
Off topic aside ...
By the way.. speaking of traffic queues ... a big thank you

to all those patient drivers who got stuck in/around Durham today when the lorry transporting pigs caught fire and we had porcine carnage on the A1(M) here. It was actually rather shocking per the officers involved. Tyre apparently blew and the heat from the braking system caused fire to break out per initial reports. A Nasty incident.