Everyman / Cycling: Last week, a Swiss court made a judgment that may be groundbreaking for everyman sport. After a serious fall with fatal consequences for a driver at the Gippinger Radsporttage 2014, the driver who caused it was found guilty of negligent manslaughter and negligent bodily harm.
The verdict caused a stir in the amateur and amateur scene: After a risky overtaking maneuver on a descent in the amateur race of the Radsporttage in Gippingen on June 15, 2014 led to a fatal fall with several injuries and one dead, the cause of the accident has now been found by the district court Convicted at last. In addition to a 12-month suspended prison sentence, the accused are facing costs of over €400.000.
The accident happened in June 2014 on a fast descent during the amateur race of the Gippingen cycling days. The accused drove with some other drivers in the leading group and started to overtake shortly before the town of Böttstein. At speeds of over 70 km/h he touched the leader who had fallen. Several drivers drove onto the fallen and fell in turn. One of them hit his head against a tree and succumbed to his injuries later that day.
What does the verdict mean for amateur sport?
The defendant, who was 50 at the time of the accident, had been active as a cross-country professional for years - technical deficits seem (almost) to be ruled out. The verdict was based much more on the testimonies of witnesses who spoke of a "breakneck" overtaking manoeuvre. Accordingly, despite the wide road, the polluter only drove a few centimeters past the other drivers – despite the very high speed.
The defendant's lawyer pleaded for acquittal and repeatedly brought up a possible broken spoke during the trial, which is said to have been the cause of the fall. According to the driver himself, he can hardly remember exactly what happened and only noticed a brief contact while overtaking. He also emphasized that he would do this overtaking maneuver again at any time because it was nothing unusual. These statements were contradicted by a witness who reported that the accused had brought the leader down with a shoulder bump.
After a hearing lasting several hours, the court found the accused guilty of negligent manslaughter and multiple negligent bodily harm. He can expect a 12-month suspended sentence and also costs of over €400.000 in the form of compensation for pain and suffering, satisfaction and compensation.
Even if it was not possible to explain 100% how the crash happened in detail, it is undoubtedly a racing accident, as it unfortunately often happens in this form over the course of a season. The fatal injury of one of the people who fell in this case is tragic, but this shouldn't really play a role in the verdict itself.
The court's decision is particularly important because no intention could be proven on the part of the accused. He was simply taking too many risks, in this case with serious and tragic consequences. However, risky maneuvers are part of cycling; anyone who competes in a race is undoubtedly aware of this. As an amateur racer, should you have to worry about being held liable for any falls during every maneuver in the future? But there must also be limits and reckless behavior must be punished.
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Jörg says
Have faith, the verdict has certainly been made according to the facts. The health of the passengers should also have an even higher priority in amateur sport than in the professional business.
Kidney says
Anyone who takes a risk must expect to die in it! it will always be like this –