hotbike

This happened in the UK, but maybe the Police in this country could arrest a motorist once in a while, just to ask the driver questions?

Arrest made after cyclist killed in fatal crash (From Daily Echo)

Chris516

Finally!!

daihard 

Sad news that another cyclist has been killed, but good news that someone is held accountable for it.

FBinNY 

I don't know the laws in the UK, or the specifics of this incident.

But in the USA police need "probable cause" that he committed a chargeable crime to arrest someone, and wouldn't (or couldn't) do so just to question him. Unless the police have information sufficient to go beyond "reasonable suspicion" which is enough to detain and question someone for a while at the scene, they cannot arrest (at that time).

howsteepisit

Facts and legalities have no standing in the world of A&S justice.

FBinNY 

True, but fortunately the police and their bosses don't like paying out dough for false arrest lawsuits.

Chris516

That question was asked on Yahoo Answers several years ago:https://uk.answers.yahoo.com/questio...7143009AAs60S5

FBinNY 

So, by implication, we can assume that the officers has sufficient grounds (regardless of terminology) suspect a crime to make an arrest. Maybe witness accounts or erratic driving, or evidence of drugs or alcohol, or speeding or whatever. Same rules in the USA and similar reasonable grounds would lead to an arrest here. ( and does on a regular basis).

CliffordK

I'm not seeing a lot of details. But, there are a number of serious offences that could be brought against Americans if it was to occur over here.

Negligent Homicide, Vehicular Manslaughter, DUI, etc.

Now, whether the charges would be levied all depend on the seriousness of the accident.

FBinNY 

To clarify, while the specific charge will depend on the outcome, ie. death or injury, whether there's any charge at all depends on the causality. The law recognizes the difference between someone who causes an accident because, for example, his front wheel fell off, or he was driving at dangerously and illegal high speed, or while impaired by alcohol, or simply because he had it in for the victim.

In the absence of criminal conduct or intent leading up to the event,it would be rare to see criminal charges regardless of the outcome.

Chris516

From the answers to the question. It sounds like 'probable cause' is only 'crucial' in the US. Not in the UK.

FBinNY 

Semantics. The two countries may use different language, and have somewhat different arrest thresholds, the reality is that there are more similarities than differences.

CliffordK

I think it varies from state to state. Some states seem to think it is almost required to charge a driver with at least some crime whenever an accident occurs. Other states don't do it.

In this case, a death makes it "serious", but it would still depend on who was at fault. Did the bicycle swerve into the driver's lane, or did the driver swerve into the bicycle's lane? Other circumstances?

If it was a multi-car pileup, then what was the cause? Was the bicycle death incidental to the pileup? Still, what caused the pileup?

I believe there is less and less tolerance of intoxicated drivers, and perhaps significantly reckless driving. Even accidents caused by cell phone usage may fall under reckless driving.