07th May 2015
LGV Licence Spared
This defendant was convicted of Causing Death by Dangerous Driving following an incident that occurred in July 2013, in which an elderly pedestrian was struck by an LGV driven by the defendant.
The incident occurred in West London when the defendant was delivering a full load of masonry products. In heavy traffic a pedestrian disembarked from a bus, walked behind his bus and up the side of the defendant’s LGV and between the bus. He then attempted to cross in front of the LGV. As he reached the front of the LGV the defendant began to move off, catching the pedestrian and rolling him underneath the vehicle, thereby killing him.
The police collision investigator concluded that the victim would have been visible in the defendant’s mirrors for about five seconds, passing from one mirror to the next. The defendant told the court that he had checked all of his mirrors from left to right and finishing with a ‘life-saver’ over his right shoulder and down to his footplate. The prosecution alleged that his last look should have been in his Cat.6 mirror and that, had he done so he would have seen the victim.
Anyone convicted of causing Death by Dangerous Driving must, under the law, lose his licence and pass a mandatory extended re-test before he can get it back, unless there were special reasons related to the offence which made it unfair to take the licence away. Simon Clarke of Cartwright King Solicitors successfully argued that the victim’s actions in crossing between two large vehicles and then across the front of a stationary LGV, in heavy slow-moving traffic, had contributed to his own demise and that accordingly the defendant should not lose his licence or face an extended retest. Whilst the defendant did receive a sentence of unpaid work in the Community, he was able to continue with his job as an LGV driver.