Let's draw back slightly and ask why in civil, and criminal law we have to have 'special' offences pertaining solely to the use of motor vehicles.
Cyclelaw & I had a friendly chat at the Scottish (Un) Cycle Show at the Glasgow velodrome, and remembered the term Burden of Proof, which links to another term Duty of Care, which crop up in many civil claims, especially where one party is using equipment that can 'cause harm'.
There is a Duty of Care on the driver, and operator of a truck used on a building site to recognise the major harm that it can cause and thus bear the greater liability if any crash occurs. Move over to the road and
the whole picture changes.
The parallel continues when people are killed or injured kill someone with truck on a building site and its manslaughter. Only when it is using a motor vehicle on the road do we have the euphemism 'causing death by' to hide from the true gravity of the act. If a cyclist causes a death in a collision what is the charge?
This pervades even other road crimes - speeding, running red lights .. not 'proper crimes because they are committed by everyday people like you and me....Hmm
There is a huge elephant in the corner of that room.