>"ran out of luck" are you serious?
Absolutely. Every overtake is a gamble. Overtaking past a large vehicle doubly so. Do you think otherwise? It's your life on the line.
>"you seem to have access to the facts"
Sure I do, and so does anyone else prepared to do 5 minutes Googling to find the information from the inquest, rather than ranting and raving on the basis of the deliberately skewed view being peddled by the bike press.
It seems clear enough. The van driver said that the bike was overtaking approaching the junction and that the bike and the car couldn't see each other. The Special pulled out in an action that would have been perfectly safe and reasonable, except for the presence of the bike in that blind spot.
Did her actions fall below the standard expected of a reasonable driver?
Well, when you see a van approaching a junction that you're sat at, and there's plenty of time for you to pull out and turn right, do you really think "Yehbut, what if there's someone overtaking it in a maneuver that's clearly dangerous for them given the situation?"
Ask yourself that the next time you're in that situation. Really, do. If you stop and wait just out of orneriness when you'd normally have accepted the tiny chance that the RHS lane isn't clear, then I'll applaud your decision. You won't though, and neither will I or just about any other reasonable driver.
Do I think that the CPS treat us as worthless subhumans who are asking for it? Yes, I do. I really do.
Do I think that the Special should have been prosecuted for using a phone while driving? Absolutely, the typically gormless CPS seem to have missed that using a phone which must be held in the hand AT ANY POINT to make make or answer the call is the offence. There's plenty there to convict her of that.
Do I think that she should be prosecuted for causing death by careless or dangerous driving? Yes, I do, the CPS have already shown that they're ignorant of the law, and so it should be decided by a court.
Do I think that she would be convicted of it? No, probably not. Partly because her actions weren't actually that unreasonable, but mostly because the CPS are institutionally incompetent and don't seem interested in obtaining convictions for killing bikers.