Driver who thought he hit pothole when he knocked down cyclist is acquitted

Mark Tyler, 43, knocked Daniel Davis off his bike near Cambridge but thought he had hit a pothole

A driver who knocked a cyclist off his bike, but believed he had hit a pothole, has been cleared of driving without due care by Cambridge Magistrates Court.

Mark Tyler, of Whitchurch, Hampshire, drove over cyclist Daniel Davis, according to the Cambridge News, who then suffered a cardiac arrest while under the vehicle.

Mr Tyler, who was using a hands-free device at the time of the accident, claims he did not see Mr Davis.

“As I turned into Trumpington Road I felt something but it felt no worse than some of the potholes which are around,” he said.

“I stopped immediately and got out of the car to understand what had occurred and my car had gone over the cyclist.

“I tried to be as helpful as possible – had I been distracted I wouldn’t have been able to remember the specific details of it all.”

Lead magistrate Phil King acknowledged Mr Tyler’s ‘unblemished’ driving history and pointed to gaps in the prosecution’s evidence.

He said: “This incident clearly had huge consequences.

“It is accepted you [Tyler] were the driver of the vehicle that collided with a cyclist and there is no dispute about the time or place.

“What is not accepted is whether or not you were distracted by the use of a hands-free phone or whether your driving fell below the test of a competent driver.

“We find that whilst phone conversations can cause distractions there is no direct evidence that this was the case in this incident.”

Source: Cambridge News

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