A High Court Judge has refused a family’s attempt to secure a second inquest into the death of cyclist Eilidh Cairns. Eilidh was killed when she was knocked from her bicycle in Notting Hill in February 2009 as she cycled to work. The driver of the heavy goods vehicle claimed that he had not seen her and an inquest into her death ruled that her death had been an accident. Joao Lopes, received three points on his licence and a £200 fine after admitting driving with defective vision.
Eilidh’s sister, Kate, applied for a judicial review of the inquest’s decision with the aim of holding a second inquest into Eilidh’s death that would give a different decision. The Cairns family were particularly concerned that the original coroner at Eilidh’s inquest would not allow questions on whether Lopes looked around adequately before running over the cyclist. Mr Justice Silber said that he was "a long way from being satisfied" that a fresh hearing would reach a different verdict and ruled that a new inquest would not be ordered.
Eilidh’s family has started a campaign for the mandatory installation of cameras and sensors in lorries so there are no blind spots. Although regulations came into force on 31 March 2009 that require lorries over 3.5 tonnes registered from 2000 to have safety mirrors fitted there are still thousands of lorries on the UK’s roads that have not had these safety mirrors fitted leaving vulnerable cyclists at risk of being crushed by lorries, particularly when they are waiting to turn left at junctions alongside lorries.
Penny Knight, partner and head of the
cycling claims team at Leigh Day, has attended a number of inquests on behalf of the families of cyclists who have died on the UK’s roads. These deaths have often been caused by lorries dragging cyclists under their wheels when turning left across the paths of the riders.
Penny said:
“Although newer lorries are now fitted with safety mirrors there remains a distinct lack of awareness by many lorry drivers of the presence of cyclists, particularly when they are waiting to turn left at traffic lights or junctions. 1
11 cyclists died on our roads in 2010 and until drivers of all vehicles become more aware of their blind spots and the cyclists that might be alongside them these tragic statistics will remain far too high. The cost of fitting these mirrors pales into insignificance when considering the cost of the lives of cyclists being lost.”