Driver haunted by tragic death
A VAN driver who denies causing the death of a woman pedestrian by careless driving has told a jury he is haunted by the incident.
Asked by his barrister Robert Linford what he thought about it, Nigel Lucas replied: "Tragic. I think about it all the time — it never goes away."
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DRIVER: Nigel Lucas leaving Crown Court
Lucas, who is 42 and lives with his parents at Fairway, Saltash, told the court he had held a driving licence for 15 or 20 years.
He decided to reverse through a pedestrianised area of New George Street in Plymouth city centre to deliver 50kg of chestnuts to a stall in the Flava Festival near the sundial because he had driven down three days before and been unable to turn round.
Just after 9am on November 27, 2008, he reversed slowly for more than 130 metres down the road with his reversing lights and hazard flashers on, checking his wing mirrors.
After stopping for one woman crossing behind him, he continued until suddenly there was a bang on the back of the vehicle and he stopped and got out to be told: "There's a lady under your van."
Mr Linford read testimony from a medical expert that Margaret Given's medical condition — cirrhosis of the liver — could have made her less aware of her surroundings and less able to take evasive action.
Cross-examined by prosecutor Jo Martin about why he hadn't parked the van and pushed the chestnuts to the stall on a manual sack-truck, Lucas replied: "It was just a decision I made. You see other drivers going down there."
Lucas admitted there was a blind spot at the rear of the van, and that while checking one wing mirror he could not see anyone appearing in the other.
Asked: "Do you agree that if you had been driving forward it wouldn't have happened?" Lucas replied: "No, accidents can happen."
Asked by Judge Francis Gilbert QC: "There was a pretty big blind spot and she must have been in it?" Lucas replied: "Correct."
Mr Linford read out three testimonials from friends of Lucas, who all described him as a careful, responsible driver.
Mr Linford said that had a policeman seen Lucas reversing down the street, there was "not one chance in a million" that he would have booked him for careless driving.
He said there was a modern culture of blame that said every time someone died another person had to be made to pay.
But Miss Martin told the jury that the accident was avoidable, and said Mrs Given's medical condition was irrelevant; the victim could have been a deaf person or a student listening to an iPod, she said.
In his summing-up to the jury, Judge Gilbert said they might feel the central question was whether Lucas should have opted to reverse down a pedestrianised street in a vehicle with a blind spot when he knew there were shoppers about.
The jury of seven men and five woman was unable to reach a unanimous verdict after two hours, and was sent home to continue its deliberations today.











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