The circumstances around the death of Hamilton cyclist Graeme Michael "Mike" Leach's death are the subject of a coroner's inquest this week. Photo / Supplied
The circumstances around the death of Hamilton cyclist Graeme Michael "Mike" Leach's death are the subject of a coroner's inquest this week. Photo / Supplied
A crash investigator has told an inquest that blind spots weren't an issue in the fatal crash involving a truck and cyclist, and that the driver of the truck should have known where the cyclist was.
Retired teacher and cyclist Graeme Michael [Mike] Leach died after being struck by a truck and trailer unit at the intersection of Te Rapa Rd and Sunshine Ave about 11.30am on April 5, 2017.
A Halls Transport truck, being driven by Auckland man Michael Hodgins, was heading north on Te Rapa Rd approaching the Sunshine Ave roundabout at the time as Leach was cycling north.
Hodgins turned left at the roundabout and collided with Leach on his bike.
A two-day inquest began in Hamilton today, with Coroner Louella Dunn informing those present there were four issues to determine; does the expectation that a cyclist "take the lane" at a roundabout address safety concerns, does recent modifications to the Te Rapa roundabout address safety concerns, how does HCC monitor roadways to ensure cyclists are safe road users and would any modifications to a truck have reduced the truck's blind spot and are there any realistic recommendations that can be made.
'Wrong road markings painted on road'
The inquest heard how less than two weeks prior to the crash, Hamilton City Council engaged a contractor to reseal the road and update the road markings.
The contractor was told to stop the cycle lane 30m before the intersection as per the safety recommendations in the updated Manual of traffic signs and markings (Motsam).
However, the contractor forgot the updated request and instead marked out the cycle lanes all the way to the roundabout.
Tidmarsh said the wrong road markings, combined with the driver making the left turn without making sure where Leach was, and also Leach continuing to cycle straight ahead, were all factors in the crash.
From CCTV footage he had viewed, Tidmarsh said it appeared that Leach had no idea the truck was turning left, given his trajectory heading north on impact.
Asked by the coroner to address any issues about blind spots in spots, Senior Constable David Tidmarsh didn't believe that was the problem.
"It's not so much a blind spot issue ... the driver should have been able to ascertain where Mike was before moving on."
When the Halls Transport truck was checked by serious crash unit staff, they noted several failures.
While that would have taken the truck off the road for immediate maintenance, the failures were not causative of the crash, Tidmarsh said.
'We felt a verbal instruction was sufficient'
Robyn Denton, Hamilton City Council acting transport manager, said the roundabout was fixed later in 2017 and upgraded in 2018.
She was pressed by Terry Leach about how the last-minute road marking change was given to the contractor.
The Halls Transport truck and trailer unit in situ after it and cyclist Mike Leach collided in April 2017. Photo / Belinda Feek
Denton confirmed it was a verbal instruction and as far as she understood, given it was a request for the road marking to stop 30m short of the intersection, the staff member felt that a verbal instruction was "sufficient".
He then asked why the updated markings weren't checked afterwards, prior to his brother's death, and why there was no audit process in place.
Denton said they had changed their procedures since the crash.
Council now provided written instructions to contractors and depending on the degree of change, a council staff member would also visit the site and help with marking out.
In questioning from Coroner Dunn, Denton confirmed there had not been any monitoring of the roundabout since the crash. She accepted that it should be happening there and at every roundabout in the city.
"To really understand where cyclists are going and what facilities they're using ... where there could be an expectation to use another route, if it takes a lot longer, that's perhaps an unfair expectation."
In a perfect world, Denton said she would create "an off-road and underpass network" for cyclists".
However, there would always be a core group of confident cyclists that wouldn't want to take a longer route to their destination and would remain on the road, no matter what.
Asked about recommendations for keeping cyclists safe at roundabouts, Denton said the Thomas Rd, Gordonton Rd light intersection had been upgraded to include raised safety platform. It had gone from experiencing up to 15 crashes a year, including a fatality, to now zero.
Denton said to replicate the layout at the Te Rapa Rd/Sunshine Ave roundabout would cost approximately $8 million.
However, Denton said those intersections posed a "shadowing" risk to either a pedestrian or cyclist crossing on a two-lane road as the user could be blocked by a large vehicle that had stopped to allow them to pass - only for them not able to be seen by approaching vehicles in the adjacent lane.
'Should truck drivers follow fork-lift drivers?'
Kate Leach, Mike Leach's daughter, talked with roading expert Wayne Holden about fork-lift drivers and how they're required to re-sit their licence every three years.
Holden said that was due to the environment they work in and the associated health and safety requirements.
Leach put to Holden whether truck drivers should also be required to re-sit their licence, too.
Holden said he had been trying to convince politicians for the past "30 years" for all road users to have re-sit their licence every 10 years or so.
'I had a gap so I put my foot down'
Earlier today, police serious crash unit Senior Constable David Tidmarsh said while the truck did have its left blinkers on, it was unclear whether the rear blinker would have been seen by Leach due to when they were turned on.
In his evidence read to the court, truck driver Michael Hodgins, of Auckland, thought he'd have time to pass Leach and make the left turn at the roundabout.
"I had a gap so I put my foot down."
Hodgins, who was convicted of careless driving causing Leach's death in 2018, admitted passing Leach as he approached the roundabout.
He said he looked in his mirrors but by then couldn't see Leach and assumed he had either come to a stop or gone up onto the footpath.
The driver told police he believed he got about 800m past Leach, however, counsel for the coroner Grant Wolland said the driver's statement was incorrect as CCTV footage had shown the cab of the truck never went past Leach.
The inquest has six witnesses giving evidence, all experts, and is due to wrap up tomorrow.
Leach's family, including his widow Ann and children, Matt and Kate, are present, along with Hamilton City Council and Halls Transport representatives. Two Waka Kotahi staff are appearing via audio visual link along with more members of Leach's family.
Coroner Dunn indicated she would reserve her decision.
