Pensioner's hit-and-run death prompts speed reduction call from coroner

Frederick Dudley, aged 90, was hit by a Volkswagen Scirroco, which failed to stop after the collision on the busy A449 Stourbridge Road, between Wolverhampton and Wombourne just up the road from Miller & Carter.

The widower, from nearby Bearnett Drive, Lower Penn, had got off the bus and was just over half way across the southbound carriageway holding his walking stick and shopping trolley on the 'uncontrolled' crossing when the car, estimated to be travelling up to 85mph on the 60mph route, careered into him around 5.15pm on November 25 last year.

He died at the scene of multiple injuries including a severed leg.

The driver of the black VW, 27-year-old Matthew Raybould, of Buffrey Road, Dudley, was arrested at his home the next day and later admitted a charge of failing to stop. In May he was jailed to 18 weeks in prison and banned from driving for 12 months.

Now an inquest into Mr Dudley's death has heard that Raybould was initially suspected of causing death by dangerous driving, but was not charged with such counts by the Crown Prosecution Service due to having his view obstructed at the time of the incident.

PC Roger Wetton told Cannock Coroners' Court the driver, who was in the offside lane, was likely obstructed by cars ahead of him in the nearside and offside lane, and would have had 'insufficient' time to stop even if he was travelling within the limit.

Coroner Margaret Jones said: "There were two vehicles in the near side, a vehicle on the offside, Mr Dudley was somewhere in the middle pretty much hidden from view.

"At the end of this inquest it seems sensible to write to the local authority pointing out some of the problems, you have got a public house there, a brick wall and a bus stop."

She later added: "I would suggest to them that at the very least the speed limit is reduced to 40mph and that they may consider an alternative controlled crossing."

The inquest heard statements and evidence from witnesses to the collision.

Motorist Sarah Bishop had been approaching the crossing in the nearside lane and said she reduced her speed when she saw Mr Dudley was walking across the road 'quite slowly', and drove past him a moment before the Scirroco hit him.

She added: "I heard a loud bang and noticed the vehicle in lane two had hit the pedestrian. I looked in the mirror to see the pedestrian flying in the air like a rag doll.

"The car which had hit him continued along the road. I flashed my headlights for the car to stop but it continued on towards Wombourne and into the night."

Joshua Banks, of Kingswinford, took the stand, confirming he knew Raybould and had moved his Vauxhall Astra over from the offside lane on the A449 to let him overtake moments before the collision.

The witness denied he was 'racing' with him after the inquest heard he too was originally under investigation for an offence.

Detective Constable Adam Walker confirmed Raybould had tested positive for cocaine after his arrest which he had claimed he took after the collision.

He said: "I submitted a file on to the Crown Prosecution Service on Mr Banks on the suspicion he was racing and on Mr Raybould for potentially causing death by dangerous, or death by careless driving, possession of drugs and failing to stop.

"The CPS's decision was not to charge Mr Banks and treat him as a witness, and to charge Mr Raybould with failing to stop and reporting an accident and possession of cocaine."

When Raybould appeared for sentence at Cannock Magistrates Court, no evidence was brought on the drug charge and it was dropped.

Coroner Jones concluded: "This was a very sad incident. We all have a responsibility to drive safely and if something goes wrong we stop at the scene and deal with it.

"But I do accept that the view of the pedestrian was obstructed by other vehicles, normally I would conclude this was a death as a result of a road traffic collision but on this occasion I conclude the deceased was an elderly pedestrian crossing a carriageway at an uncontrolled pedestrian crossing when he was struck by a vehicle which failed to stop."