Death by careless driving charge denied as accused says sorry at trial
A van driver who hit and fatally injured a pedestrian has claimed he didn't see him until after he had struck him despite collision investigators saying he must have done, a court has heard.
Daniel Straker was behind the wheel when tragedy struck as he turned into Myatt Avenue from Parkfield Road in Ettingshall, Wolverhampton, on November 4, 2014, hitting Kewal Singh Dhesi, aged 72. Wolverhampton Crown Court previously heard how the collision between the van and Mr Dhesi caused soft dents to the front on the vehicle, near the headlights on the driver's side.
Straker, of Graiseley Lane, Wednesfield, denies causing death by careless driving. He maintained the version of events that he told police in interview when he gave evidence in court.
Straker, 53, said: "It was quite busy at the time. Another driver flashed me to go through. When I went to turn, the road was clear. The first time I saw Mr Singh was when I hit him and he went backwards."
"I was just driving in the normal way. I was in shock.
"I'm truly sorry for what happened to Mr Singh. I'm sorry for the family's loss. I took the bend correctly and responsibly. If I drove there today, I would do it exactly the same way.
"I wasn't rushing, I hadn't had any alcohol. I don't know what more I can say."
When the accident happened, Straker was a lorry driver for Tufnells in Brierley Hill. He had a full licence for 35 years, and told the jury he had been convicted for speeding twice. Two vehicle collision experts, Robert Seston and Pc Mark Weaver, agreed that Straker's view would have been obstructed by the A-pillar on the driver's side of the van as he turned.
They also said Straker's evidence that he didn't see the victim until after he had hit him could not have been correct, though accepted that there may not have been time for him to react.
Defence barrister Mr Gurdeep Garcha told the jury: "You have heard from the experts that the pedestrian, like the driver, has a duty of care to check that it is safe to cross. It wasn't a zebra crossing, there was no priority for the pedestrian.
"You have to decide if this was careless driving, or just a tragic accident. Just because a man has died as a result of this terrible incident, it doesn't mean that somebody has to be guilty and there must be someone to blame."
The trial continues.
