Coronial
VICcommunity

Finding into death of Raymond Irving

Deceased

Raymond Leo Irving

Demographics

72y, male

Coroner

Coroner Jonathan G Klestadt

Date of death

2010-01-07

Finding date

2010-11-21

Cause of death

Multiple injuries (motor vehicle impact)

AI-generated summary

Raymond Leo Irving, age 72, died from multiple injuries sustained in a motor vehicle collision with a motorcycle on 7 January 2010 in Koroit, Victoria. He was riding a pedal-assisted electric bicycle when he commenced a right turn into McVicar Street without signalling, preventing the motorcycle rider from avoiding collision. Despite wearing appropriate protective clothing and an approved helmet, Irving sustained fatal injuries. The coroner noted his bicycle helmet was not adequately secured and became detached during impact. The case highlights risks associated with electric bicycles and the importance of proper helmet security and road safety practices. The coroner recommended regulatory review of electric cycles and scooters by relevant transport authorities to establish evidence-based licensing and safety requirements.

AI-generated summary — refer to original finding for legal purposes. Report an inaccuracy.

Contributing factors

  • failure to signal intention to turn right
  • bicycle helmet not adequately secured
  • use of pedal-assisted electric bicycle without adequate awareness of road dangers

Coroner's recommendations

  1. VicRoads and the Department of Transport conduct an analysis of injuries sustained by people using non-registrable electric or pedal-assisted electric cycles and scooters to establish an evidence based case for reviewing the laws with respect to the licensing and safety requirements associated with their use
Full text

FORM 38

  • Rule 60(2)

Court Reference: 84 / 2010

FINDING INTO DEATH WITHOUT INQUEST

Section 67 of the Coroners Act 2008

In the Coroners Court of Victoria at Warrnambool

I, Jonathan Klestadt, Coroner having investigated the death of: .

Details of deceased:

Surname: Irving First name: Raymond “Address: 1/25 Anzac Ave, Koroit VIC

without holding an inquest: find that the identity of the deceased was Raymond Leo Irving and the death occurred on or about 7/1/2010 at Commercial Rd, Koroit

from Multiple injuties (motor vehicle impact)

*Pursuant to Section 67(2) of the Coroners Act 2008, an inquest into the death was not held and the deceased was not immediately before the person died, a person placed in custody or care; but there is a public interest to be served in making findings regarding the following

circumstances:

On the afternoon of Thursday the 7” of January 2010 Raymond Leo Irving was riding his “Ibosa” brand pedal assisted electric bike east in Commercial Road Koroit. The area is a 60 kilometre per hour zone, but changes to 80 kilometres per hour approximately 75 metres to the east of McVicar

street.

_ He was wearing protective clothing including a fluorescent jacket and vest and an approved bicycle helmet. As was apparently his practice he was riding around the streets of Koroit without any

particular destination or plan.

Version 2 as at 25 November 2009

An examination of the scene by police has established the point of impact between the two machines to have been just to the left of the centre of Commercial road, and a very short distance

’ before the intersection with McVicar Street. Damage to the machinés suggest that the front forks of the Yamaha ridden by Mr.Gabbe struck the rear of Mr.Irving’s bike, slightly to its right side, propelling it 17.5 metres to south east of the point of impact. The body of Mr. Irving was found a further 17.5 metres to the east of his machine on the south side of the road. When witnesses attetided a matter of moments after the collision he had already succumbed to his injuries.

After impact Mr,Gabbe’s machine travelled approximately 55 metres before coming to rest on the northern side of Commercial toad. Damage to the bike suggests that it either cart-wheeled ot rolled several times. Mr,Gabbe came to rest 52.8 metres from the point of impact and died from his injuries shortly after witnesses attended and attempted to assist him. Although his helmet had

  • stayed in place he suffered severe head injuries which suggest.a very hard impact between the helmet and the road surface after the collision. :

In all the circumstances I am satisfied that the collision was caused by Mr. Irving commencing his right turn into MeVicar Street without signalling his intention to do so, thereby denying Mr.Gabbe the opportunity to avoid his cycle. I am not satisfied that Mt.Gabbe was travelling at an excessive speed in the circumstances,

After the impact the bicycle helmet worn by Mr.Irving was found some distance from his body and was severely damaged. It is clear that it was not adequately secured. Tronically Mr.Gabbe sustained the more serious head injuries, despite wearing a “proper” motorcycle helmet, which remained in situ throughout the collision and subsequent impacts,

*RECOMMENDATIONS:

Pursuant to Section 72(2) of the Coroners Act 2008, Imake the following recommendation(s) connected with the death: ;

The increasing availability and use of electric cycles of the “scooter” type and thé lack of licensing or other regulations may deceive some users as to the real dangers of riding them on the road. It is recommended that VicRoads and the Department of Transport coriduct an analysis of injuries sustained by people using non-registrable electric or pedal-assisted electric cycles and.

scooters in order to establish an evidence based case for reviewing the laws withi respect to the licensing and safety requirements associated with their use.

Signature:

“Delete if inapplicable

Date: 21h ore

Page 3 of 3 Version 2 as at 25 November 2009

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