Fatal RTA.....Is this normal procedure

[robbo]

Two best pal bikers (I'll call them A and B), are out for their weekly evening rideout, over a familiar route. The lead rider,(A), approaches a roundabout, checks his mirror to make sure (B) is with him, only to discover he's not. After a brief wait (A) backtracks and comes across an RTA which has claimed the life of (B). Several days later, rider (A) is given an appointment date to attend a police station and advised to bring a solicitor with him.
Is this the normal procedure when an RTA is fatal, or could he be charged with some offense. Your thoughts please.

[darrsi]

What offence though? You can't be held responsible for something that happens way behind you.
I would've thought if there was a known offence he would've been charged straight away, or at the very least accused of something.

[Dudeofrude]

It's quite possible they would advise a solicitor is present if they plan on doing a taped interview.  Just to cover everyone's arses. You've got to think that if the car driver is found to be at fault then he's looking at death by dangerous driving (or something to that effect) so they're gonna wanna make sure any evidence given is accurate.  If for any reason the interviewee lies about the incident then they'd likely be up on charges so just best to have a solicitor there

[fazersharp]

Im not sure why I think this or where I have read it but I think there is something about the lead rider being culpable in some way for encouraging the rider behind to ride fast (keep up )

[darrsi]

It's quite possible they would advise a solicitor is present if they plan on doing a taped interview.  Just to cover everyone's arses. You've got to think that if the car driver is found to be at fault then he's looking at death by dangerous driving (or something to that effect) so they're gonna wanna make sure any evidence given is accurate.  If for any reason the interviewee lies about the incident then they'd likely be up on charges so just best to have a solicitor there

No car mentioned?

[darrsi]

Im not sure why I think this or where I have read it but I think there is something about the lead rider being culpable in some way for encouraging the rider behind to ride fast (keep up )

Again, it's not your responsibility how other people ride or drive, and once on the road you have to look out for yourself and let other people do the same with their vehicle.
Unless of course there was blatant racing going on, with maybe camera evidence along the way, then that could possibly become a bit more tricky.

[robbo]

There is a police appeal for witnesses in the local papers. There were 2 cars involved as I believe the accident was a head-on, resulting in no injuries to the drivers/passengers. I did wonder if the two bikes had previously overtaken a vehicle that has some incriminating dashcam footage.

[celticbiker]

If bike B had a camera on and it recorded them riding otherwise than in accordance with the law then A could be prosecuted using the camera footage. Tell him to have his wits about him.
Eg.
Just because B's camera showed his speedo reading 80 doesn't mean A was doing 80.
Just because A has a dynamic knee down riding style doesn't mean he was above the posted speed limit.

[slappy]

14 years ago I was out  for a Sunday ride with my mate Mick, I was knocking on a bit as we headed from Hawes towards the Ribblehead viaduct, I could still just make out Mick a fair way behind me. Then he disappeared from sight, I slowed down then eventually stopped as there was no traffic passing me. Turned round after waiting 10 minutes to find all the traffic backed up, tried phoning him no answer, then a policeman came walking down telling everyone the road would be closed for some time due to an accident, suddenly fearing the  worst I explained to him that I could not contact Mick,, he asked me what make and colour of bike he was riding, as soon as I told him he said I need to come with him. As we walked up I could see a few police cars and an ambulance, they showed me Micks bike lying in the ditch and asked if it was definitely his bike, I answered yes and then told me the rider was fatally injured and would I be willing to identify the body. So got that unpleasant task out of the way and then they took a statement off me and that was it. Talking to the policeman he said the statement was just to give them some background to what might have happened to cause the accident.
I always had the feeling that they would check to see if they had any reports or info about a Bandit and ZX6R being ridden in a dangerous way.
Thats not a dig at the Police, just my suspicious mind as the Police and Ambulance guys treated Mick with respect and made sure I was ok  to get home.

[robbo]

slappy,
Thanks for sharing. What you experienced is exactly the same chain of events.The boys distraught at having lost his best pal,and now has the worry of what the police interview might bring.
Thank you all for your opinions and advice. I'll post the outcome in a week or so when I know, thanks again all.

[nordboy]

He'll be attending for a voluntary interview (VA), it'll be recorded either on tape or video. My guess is that he's a potential witness, or if they have any evidence from other sources that he may have been driving dangerously, he may be a suspect. The reason for a VA is that after the event, the necessity to be arrested may have passed.


Other persons can be charged if there's enough evidence. This is a quick google, I know it's car drivers, but the situation could be seen as similar.

http://www.nottinghampost.com/two-teenagers-jailed-for-causing-motorcyclist-s-death-by-dangerous-driving/story-30314758-detail/story.html

[Grahamm]

Im not sure why I think this or where I have read it but I think there is something about the lead rider being culpable in some way for encouraging the rider behind to ride fast (keep up )

There was a case back in 2009 where a Lead Rider was doing 85mph, but fined as if he was doing the 103mph that one of the following riders was doing because his speed was an "aggravating factor".

http://www.motorcyclenews.com/news/2009/november/nov1909-speeding-penalty-for-leading-rideout/

Given that was 8 years ago and there don't seem to have been any similar cases reported (or, at least, haven't made big news) I presume it didn't set a major precedent.

[celticdog]

Such a sad tale. He'll get through this, my deepest condolences for the family concerned.


I'd assume that the car driver's lawyer will be pushing for "Contributory Negligence" as a mitigating factor, rightly or wrongly it's his/her job to do their best for their client.
There are 'biker friendly' lawyers out there so it would be best for the fella to get one. As others have said, if the police suspected foul play they would have had him in and charged by now.
I'm sure they're just following procedure.

[robbo]

The appointment with the police is now in a few weeks time. His solicitor has been in touch with them and has been told the charges will be Dangerous Driving and also Causing Death by Dangerous Driving.Needless to say the lad concerned is bricking it.

[BBROWN1664]

Unfortunately, it sounds like the police think they have evidence that links the actions of "A" to "B"'s accident.
We can only speculate as to what that might be so I am not even going to try to give an example.

[robbo]

Just thought I'd post the update, it will be a few weeks now before anything else is known. As BB said there is bound to be plenty of speculation, that's only natural, and I can't see any being positive.
 

[Lord_D]

Nothing to add bar condolences.
Hope it turns out as well as it can.